5% Holder

5% Holder. Any Holder of at least 5% of the sum of the Common Stock plus the Preferred Stock (on an as-converted basis)

5% Holder. Any Stockholder that, together with its Affiliates, holds outstanding Common Stock or Preferred Stock representing at least five percent (5%) of the outstanding Securities (determined on a fully-diluted and an as-converted to Common Stock basis but not giving effect to the exercise of any outstanding options or warrants to purchase Common Stock)