Additional Shares of Common Stock Definition Example with 6 Variations

Additional Shares of Common Stock. All all shares of Common Stock issued by the Issuer Company after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer Company after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the Original Issue Date (so long as the conversion or... exercise price in such securities are not amended to lower such price and/or adversely affect the Holders), (iii) the Warrant Stock, (iv) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and capital, (v) Common Stock issued or the issuance or grants of non-plan options to purchase Common Stock to consultants, directors and/or employees that have been approved by the Board, (vi) securities issued pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding as they exist on the date to, and/or in connection with, a bona fide firm underwritten public offering of the Purchase Agreement. Company's securities, (vii) the issuance of Common Stock upon the exercise or conversion of any securities described in clauses (i) through (vi) above. View More

Additional Shares of Common Stock. All all shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to the conversion or exercise of convertible or exercisable securities issued or outstanding on or prior to the Original Issue Date date hereof (so long as the conversion or... exercise price in such securities are not amended to lower such price and/or adversely affect the Holders), Holders) or issued pursuant to the Purchase Agreements, (iii) securities issued pursuant to the terms of that certain Exchange Agreement, dated as of September 21, 2007, by and among the Maker and the holders signatory thereto, (iv) the issuance of the Notes and the Warrants, (v) the shares of Common Stock issuable upon the conversion of the Notes, (vi) the Warrant Stock, (iv) (vii) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and (v) capital, (viii) Common Stock issued or the issuance or grants of options to purchase Common Stock pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding approved by the Issuer's board of directors, so long as such issuances in the aggregate do not exceed the number of shares of Common Stock (or options to purchase such number of shares of Common Stock) issuable pursuant to such plans as they exist on the date Original Issue Date, (ix) any warrants issued to the placement agent and its designees for the transactions contemplated by the Purchase Agreements, (x) the payment of any dividends on the Issuer's Series B convertible preferred stock, (xi) securities issued pursuant to a bona fide firm underwritten public offering of the Purchase Agreement. Issuer's securities, (xii) the payment of liquidated damages pursuant to the Registration Rights Agreement dated February 17, 2004 between the Issuer and the parties listed therein and (xiii) the issuance of Common Stock upon the exercise or conversion of any securities described in clauses (i) through (xii) above. View More

Additional Shares of Common Stock. All all shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to a bona fide firm underwritten public offering of the Issuer's securities, (iii) securities issued pursuant to the conversion or exercise of convertible or exercisable excercisable securities issued or outstanding on or prior to the Original Issue Date (so long as the conversion or exercise price in such securities are not amended to lower such price and/or adversely affect the Holders), (iii) date hereof, (iv) the Warrant Stock, (iv) (v) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and (v) capital, (vi) Common Stock issued or the issuance or grants of options to purchase Common Stock granted or iss ued pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding as they exist now exist, (vii) any warrants issued to the placement agent and its designees for services rendered to the Issuer, (viii) the payment of any principal and accrued interest in shares of Common Stock pursuant to the secured convertible promissory notes issued on April 19, 2005, and (ix) the date payment of any dividends in shares of Common Stock pursuant to the Purchase Agreement. Issuer's Series C Convertible Preferred Stock. View More

Additional Shares of Common Stock. All all shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to a bona fide firm underwritten public offering of the Issuer's securities, (iii) securities issued pursuant to the conversion or exercise of convertible or exercisable excercisable securities issued or outstanding on or prior to the Original Issue Date (so long as date hereof or issued pursuant to the conversion or exercise price in such securities are not amended to lower such price and/or adversely affect the Holders), (iii) Purchase Agreement, (iv) the Warrant Stock, (iv) (v) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and (v) capital, (vi) Common Stock issued or the issuance or grants of options op tions to purchase Common Stock granted or issued pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding as they exist on now exist, (vii) any warrants issued to the date of placement agent and its designees for the transactions contemplated by the Purchase Agreement. Agreement, (viii) the payment of any principal and accrued interest in shares of Common Stock pursuant to the secured convertible promissory notes issued pursuant to the Purchase Agreement, and (ix) the payment of any dividends in shares of Common Stock pursuant to the Issuer's Series C Convertible Preferred Stock. View More

Additional Shares of Common Stock. All all shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, (ii) securities issued pursuant to a bona fide firm underwritten public offering of the Issuer's securities, (iii) securities issued pursuant to the conversion or exercise of convertible or exercisable excercisable securities issued or outstanding on or prior to the Original Issue Date (so long as date hereof or issued pursuant to the conversion or exercise price in such securities are not amended to lower such price and/or adversely affect the Holders), (iii) Purchase Agreement, (iv) the Warrant Stock, (iv) (v) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and (v) capital, (vi) Common Stock issued or the issuance or grants of options op tions to purchase Common Stock granted or issued pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding as they exist on now exist, (vii) any warrants issued to the date of placement agent and its designees for the transactions contemplated by the Purchase Agreement. Agreement, and (viii) the payment of any principal and accrued interest in shares of Common Stock pursuant to the secured convertible promissory notes issued pursuant to the Purchase Agreement View More

Additional Shares of Common Stock. All means all shares of Common Stock issued by the Issuer after the Original Issue Date, and all shares of Other Common, if any, issued by the Issuer after the Original Issue Date, except: (i) securities issued (other than for cash) in connection with a merger, acquisition, or consolidation, consolidation involving a Person that is not an Affiliate of the Issuer or its Affiliates which has been duly approved by the Board, (ii) securities issued pursuant to the conversion or exercise of... convertible or exercisable securities issued or outstanding on or prior to the Original Issue Date Date, including, but not limited to, securities issued pursuant to the MSD Warrants (so long as the conversion terms or exercise price in of any such securities are not amended to lower such price and/or adversely affect the Holders), (iii) the Warrant Stock, (iv) securities issued in connection with bona fide strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital and (v) Common Stock issued or the issuance or grants of options to purchase Common Stock pursuant to the Issuer's stock option plans and employee stock purchase plans outstanding as they exist from time to time or employment agreements with employees of the Issuer or its Subsidiaries if the purchase price or exercise price per share, as applicable, of Common Stock on the date of such issuance or grant equals or exceeds the Purchase Agreement. Per Share Market Value on the date of such issuance or grant and (v) any securities issued pursuant to the exercise of the Other Lion Warrants. View More