Covered Securities

Covered Securities. With respect to any Holder, any of the following: (i) any and all shares of Company Capital Stock which are owned by such Holder as of the Consummation Date, (ii) any shares of Company Capital Stock issuable upon exercise, conversion or exchange of any securities of the Company which are owned by such Holder as of the Consummation Date, (iii) any securities of the Company issued in respect of the shares of Company Capital Stock issued or issuable to any of the Holders by way of stock dividend... or stock split or in connection with a combination of shares, recapitalization, merger, consolidation or other reorganization or otherwise and any shares of Company Capital Stock issuable upon conversion, exercise or exchange thereof, in each case to the extent relating to any securities of the Company which were owned by such Holder as of the Consummation Date and (iv) any other securities of the Company issued or issuable to any Holder that are convertible into or exercisable or exchangeable for Company Capital Stock, whether at the option of the Holder or otherwise, in each case to the extent relating to any securities of the Company which were owned by such Holder as of the Consummation Date; provided, in all cases, that for any Investor who receives any such securities in a subsequent closing of the Equity Financing occurring after the Consummation Date, such securities shall also be deemed to be Covered Securities and shall be deemed to have been held by such Investor as of the Consummation Date for purposes of Section 2; provided, further, that for the avoidance of doubt Covered Securities shall not include Company Capital Stock acquired by any Holder in the open market on or after the Consummation Date View More