Applicable Number

Applicable Number. Shall mean the following: i. three, so long as Morgenthaler, Ampersand, Ampersand Companion and Sound Beach and any Affiliate, Associate, partner or member thereof own, in aggregate, at least 69% of the Common Stock Equivalents acquired by them on the Closing Date pursuant 10 11 to the Merger Agreement, Stock Purchase Agreement and Subordinated Notes and... Warrant Purchase Agreement. ii. two, so long as Morgenthaler, Ampersand, Ampersand Companion and Sound Beach and any Affiliate, Associate, partner or member thereof own, in aggregate, at least 50% but less than 69% of the Common Stock Equivalents acquired by them on the Closing Date pursuant to the Merger Agreement, Stock Purchase Agreement and Subordinated Notes and Warrant Purchase Agreement. iii. one, so long as Morgenthaler, Ampersand, Ampersand Companion and Sound Beach and any Affiliate, Associate, partner or member thereof own, in aggregate, at least 15% but less than 50% of the Common Stock Equivalents acquired by them on the Closing Date pursuant to the Merger Agreement, Stock Purchase Agreement and Subordinated Notes and Warrant Purchase Agreement. iv. zero, so long as Morgenthaler, Ampersand, Ampersand Companion and Sound Beach and any Affiliate, Associate, partner or member thereof own, in aggregate, less than 15% of the Common Stock Equivalents acquired by them on the Closing Date pursuant to the Merger Agreement, Stock Purchase Agreement and Subordinated Notes and Warrant Purchase Agreement. View More

Applicable Number. Such number of directors of the Company which, as a percentage of all directors of the Company, when rounded up most closely approximates the percentage of voting power represented by the shares of capital stock of the Company held by MDCP.

Applicable Number. Shall mean the number of shares of Common Stock issuable upon the exercise of the Warrants which number shall be equal to One Hundred Forty Thousand and Forty-Eight (140,048) shares of all Common Stock (determined on a Fully Diluted Basis) on the date hereof, as adjusted pursuant to Section 10 hereof.