Additional Stock

Additional Stock. Means all capital stock issued by the Corporation after the date of the first issuance of shares of Series E Stock, other than (i) Common Stock issuable upon conversion of Series E Stock or Series F Stock, (ii) capital stock of the Corporation issued at a per share consideration equal to or greater than the Issuance Consideration, (iii) Series E Stock, Series F Stock and the warrants to purchase Common Stock issued in the Offering, (iv) Common Stock issued as a dividend or distribution on the... Series E Stock or Series F Stock, (v) additional shares of Common Stock issuable to the holders of Series C Stock, Series E Stock or Series F Stock 1 under the anti-dilution provisions of such Series for events occurring after the date this Certificate is filed with the Secretary of State of Delaware, (vi) Common Stock issued as a result of Exempt Issuances, or (vii) additional shares of Series E Stock or Series F Stock issued as a dividend or distribution on the Series E Stock or Series F Stock. View More

Additional Stock. Is defined as any Common Stock issued or deemed (according to the terms hereof) to be issued after the date hereof, other than Common Stock issued upon the exercise of this Warrant, or Common Stock issued by the Company as a stock dividend on, or upon the subdivision or combination of, the outstanding shares of Common Stock, and Common Stock issued or issuable pursuant to the agreements referred to in the footnotes of EXHIBIT 3.17 to the Investment Agreement.

Additional Stock. Any shares of Common Stock or Common Stock Equivalents issued other than (i) any shares of Common Stock issuable upon exercise of the warrants contemplated by the Loan Agreement by and among the Corporation and the lenders party thereto and Greenlight APE, L.L.C., as Administrative Agent, dated September 24, 2010, as such may be amended from time to time, or (ii) any shares of Common Stock issued or issuable upon conversion of the Series A Non-Voting Convertible Preferred Stock.

Additional Stock. Means any Equity Securities of the Company issued by the Company after the applicable Closing Date but prior to the second anniversary of the applicable Closing Date other than (i) the Notes (as defined in the Convertible Note Purchase Agreement) and the Conversion Shares; (ii) Common Stock issued or issuable as a dividend or distribution on or upon conversion of the Preferred Stock of the Company; (iii) Common Stock issued or issuable by reason of a dividend, stock split, split-up or other... distribution on Common Stock, (iv) any Common Stock issued or issuable (including pursuant to options or warrants) to financial institutions in connection with commercial credit arrangements approved by the Board of Directors of the Company, (v) any Common Stock issued or issuable to employees, officers, or directors of the Company or their respective immediate family members pursuant to currently outstanding or newly created options or warrants that are approved by the Board of Directors of the Company or a committee thereof, (vi) Common Stock issued upon conversion of the Company's 5% Convertible Subordinated Notes due on or about the third anniversary of the Series C Closing Date as defined in the Restated Charter in the aggregate principal amount of E1,374,750, (vii) shares or interests issued or issuable pursuant to any rights or agreements, options, warrants or convertible securities outstanding as of the date of this Note or the issuance of any of the warrants listed on Section 5.3(a) of the Schedule of Exceptions to the Convertible Note Purchase Agreement or the issuance of any shares of Common Stock upon exercise thereof, (viii) any Equity Securities issued for consideration other than cash pursuant to a merger, consolidation, strategic alliance, acquisition or similar business combination approved by the Board of Directors of the Company, (ix) any Equity Securities issued in connection with any recapitalization or similar event by the Company, (x) any Equity Securities that are issued by the Company pursuant to an IPO, and (xi) any Equity Securities issued in connection with strategic transactions involving the Company and other entities, including joint ventures, manufacturing, marketing or distribution arrangements provided that the issuance of shares therein has been approved by the Board of Directors of the Company View More

Additional Stock. Shall have the meaning set forth in the Restated Certificate.