Excluded Issuance

Excluded Issuance. The issuance of (A) capital stock, Options or Convertible Securities issued to directors, officers, employees or consultants of the Company in connection with their service as directors of the Company, their employment by the Company or their retention as consultants by the Company pursuant to an equity compensation program approved by the Board or the compensation committee of the Board, (B) shares of Common Stock issued upon the conversion, exercise or exchange of Options or Convertible... Securities issued prior to the Issuance Date; provided that neither the conversion price, exercise price nor number of shares issuable under such Options or Convertible Securities is amended, modified or changed after the Issuance Date other than pursuant to the provisions of such Options or Convertible Securities as they exist as of the Issuance Date, (C) Common Stock or Convertible Securities issued pursuant to a strategic partnership, acquisition or licensing arrangement and (D) securities issued pursuant to the Subscription Agreement and the other similar subscription agreements entered into by the Company and the purchasers of the other warrants issued on the Issuance Date or the shares of Common Stock issued upon exercise of this Warrant or the other warrants issued on the Issuance Date. View More

Excluded Issuance. An issuance or sale of Common Stock of the Issuer in connection with: (a) a grant to any existing or prospective directors, officers or other employees of the Issuer or any subsidiary of the Issuer pursuant any equity-based plans or other compensation agreement; (b) the conversion or exchange of any securities of the Issuer into Common Stock of the Issuer, or the exercise of any warrants or other rights to acquire Common Stock of the Issuer (other than as provided for in the Convertible Note... Agreement); or (c) any subdivision of Common Stock of the Issuer (by a split of Common Stock of the Issuer or otherwise), payment of stock dividend, reclassification, reorganization or any similar recapitalization View More

Excluded Issuance. Means (i) any issuance of Common Stock or Convertible Securities pursuant to the Company's Omnibus Stock Option Plan and (ii) any issuance of Common Stock or Convertible Securities for assets, the conversion of existing debt or any other consideration other than cash or a cash equivalent.

Excluded Issuance. Means (i) any issuance of Common Stock or Convertible Securities prior to March 1, 2015 to Dart Asset Management (or any affiliate thereof) on terms that are materially similar to (or less advantageous to Dart Asset Management (or an affiliate thereof) than) those under which the Buyer purchased the Securities, (ii) any issuance of Common Stock or Convertible Securities pursuant to the Company's Omnibus Stock Option Plan and (iii) any issuance of Common Stock or Convertible Securities for... assets, the conversion of existing debt or any other consideration other than cash or a cash equivalent. View More

Excluded Issuance. Shall mean any of the following: (i) the issuance of any shares of Common Stock or Rights pursuant to any employee benefit plan or program, incentive compensation plan or program, executive compensation agreement or directors' compensation program, in each case approved by the Board or a committee thereof, or pursuant to this Option, (ii) the issuance of any shares of Common Stock upon exercise of any of the Class A Options and/or Class B Options of the Company outstanding as of the date of... this Option, and (iii) the issuance of any shares of Common Stock or Rights pursuant to a Fundamental Change Transaction. View More

Excluded Issuance. The meaning specified under the Investment Agreement