2001 Registrable Securities. Means (i) any shares of Common Stock issued or issuable upon conversion of the Company's Convertible Preference Stock or Senior Convertible Preferred Stock held by the entities listed on Schedule II hereto, (ii) the shares of Common Stock set forth opposite a 2001 Holder's name on Schedule II hereto and (iii) any other Common Stock issued or issuable with respect to the securities referred to in clause (i) or (ii), including, without limitation, by way of a stock dividend or stock split or in
... connection with an exchange or combination of shares, recapitalization, merger, consolidation or other reorganization, or in satisfaction of any accrued dividends thereon. As to any particular 2001 Registrable Securities, such securities shall cease to be 2001 Registrable Securities when they have been distributed to the public pursuant to an offering registered under the Securities Act or sold to the public through a broker, dealer or market maker in compliance with Rule 144 under the Securities Act (or any similar rule then in force) or repurchased by the Company or any Subsidiary. For purposes of this Agreement, a Person shall be deemed to be a holder of 2001 11 Registrable Securities, and the 2001 Registrable Securities shall be deemed to be in existence, whenever such Person has the right to acquire directly or indirectly such 2001 Registrable Securities (upon conversion or exercise in connection with a transfer of securities or otherwise, but disregarding any restrictions or limitations upon the exercise of such right), whether or not such acquisition has actually been effected, and such Person shall be entitled to exercise the rights of a holder of 2001 Registrable Securities hereunder.
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