Common Stock Deemed Outstanding
Common Stock Deemed Outstanding. Means, at any given time, the number of shares of Common Stock actually outstanding at such time, plus the number of shares of Common Stock deemed to be outstanding pursuant to Sections 2(a)(i) and 2(a)(ii) hereof regardless of whether the Options or Convertible Securities are actually exercisable at such time, but excluding any shares of Common Stock owned or held by or for the account of the Company or issuable upon exercise of the SPA Warrants.
Found in
IPARTY CORP contract
Common Stock Deemed Outstanding. Has the meaning assigned to it in Section ------------------------------- (h)(i)(D)(VI).
Found in
CICERO INC contract
Common Stock Deemed Outstanding. Means, at any given time, the sum of (i) the number of shares of Common Stock actually outstanding at such time, plus (ii) the number of shares of Common Stock issuable upon exercise of any warrants or other rights or options to subscribe for or purchase Common Stock and conversion or exchange of any securities (directly or indirectly) convertible into or exchangeable for Common Stock, in each case actually outstanding at such time (treating as actually outstanding any such warrants, rights,...
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QUANTUM CORP contract
Common Stock Deemed Outstanding. Means, at any given time, the number of shares of Common Stock actually outstanding at such time, plus the number of shares of Common Stock issuable upon the conversion, exchange, or exercise in full, of all Convertible Securities, whether or not the Convertible Securities are convertible into or exercisable or exchangeable for Common Stock at such time.
Common Stock Deemed Outstanding. The number of shares of Common Stock actually outstanding, plus the maximum total number of shares of Common Stock issuable upon the exercise of any then outstanding Warrants or issuable upon conversion of any then outstanding Series A Preferred Stock or Series B Preferred Stock, whether or not such Warrants, Series A Preferred Stock or Series B Preferred Stock are actually exercisable, convertible or exchangeable at such time, without duplication.
Found in
ITC DELTACOM INC contract
Common Stock Deemed Outstanding. At any given time, the sum of: (a) the number of shares of Common Stock outstanding at such time, plus ---- (b) the number of shares of Common Stock issuable upon conversion, exercise, or exchange of any Common Stock Equivalents outstanding at such time.
Found in
ENCORE MEDICAL CORP contract
Common Stock Deemed Outstanding. Shall mean, at any given time, the number of shares of Common Stock actually outstanding at such time, plus the number of shares of Common Stock deemed to be outstanding pursuant to Sections 6(a)(i) and 6(a)(ii) hereof regardless of whether the Options or Convertible Securities are actually exercisable at such time, but excluding any shares of Common Stock owned or held by or for the account of the Company or issuable upon conversion of the Debentures or exercise of the Warrants.
Found in
HEMISPHERX BIOPHARMA INC contract
Common Stock Deemed Outstanding. Means, at any given time, the number of shares of Common Stock actually outstanding at such time, plus the number of shares of Common Stock deemed to be outstanding pursuant to SECTION 5(d) of this Note regardless of whether the Options or Convertible Securities are actually exercisable at such time, but excluding any shares of Common Stock issuable upon exercise of the Notes.
Found in
VITALSTREAM HOLDINGS INC contract
Common Stock Deemed Outstanding. Shall mean the number of shares of Common Stock determined on a fully diluted basis giving effect to all outstanding Common Stock Equivalents.
Common Stock Deemed Outstanding. Means, at any given time, the number of shares of Common Stock actually outstanding at such time.
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Found in
Energem Corp contract