Additional Shares of Common Stock Definition Example

Additional Shares of Common Stock. 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 excercisable securities... issued or outstanding on or prior to the date hereof or issued pursuant to the Purchase Agreement, (iv) the Warrant Stock, (v) securities issued in connection with strategic license agreements or other partnering arrangements so long as such issuances are not for the purpose of raising capital, (vi) Common Stock issued or op tions to purchase Common Stock granted or issued pursuant to the Issuer's stock option plans and employee stock purchase plans as they now exist, (vii) any warrants issued to the placement agent and its designees for the transactions contemplated by the Purchase 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