Excluded Issuances. Means any issuance or sale (or deemed issuance or sale in accordance with Section 4(d)) by the Company after the Original Issue Date of: (a) shares of Common Stock issued upon the exercise of this Warrant; (b) up to an aggregate of 1,154,550 shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of Options 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, in each case authorized by the Board and issued pursuant to the Company's 2017 Stock Incentive Plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares of Common Stock issued upon the conversion or exercise of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, provided that such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof.
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Excluded Issuances.
Means means any issuance or sale (or deemed issuance or sale in accordance with Section 4(d)) by the Company after the Original Issue Date of: (a) shares of Common Stock issued upon the exercise of this Warrant; (b)
up to an aggregate of 1,154,550 shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of Options 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, in each case authorized by the Board and issued pursuant to the Company's 2017 Stock Incentive Plan equity incentive plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares of Common Stock issued upon the conversion or exercise of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, provided that such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof. thereof; (d) shares of Common Stock, Options or Convertible Securities issued (i) to persons in connection with a joint venture, strategic alliance or other commercial relationship with such person (including persons that are customers, suppliers and strategic partners of the Company) relating to the operation of the Company's business and not for the primary purpose of raising equity capital, (ii) in connection with a transaction in which the Company, directly or indirectly, acquires another business or its tangible or intangible assets, or (iii) to lenders as equity kickers in connection with debt financings of the Company, in each case where such transactions have been approved by the Board; (e) shares of Common Stock in an offering for cash for the account of the Company that is underwritten on a firm commitment basis and is registered with the Securities and Exchange Commission under the Securities Act of 1933, as amended; or (f) shares of Common Stock, Options or Convertible Securities issued to the lessor or vendor in any office lease or equipment lease or similar equipment financing transaction in which the Company obtains the use of such office space or equipment for its business.
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Excluded Issuances.
Means any issuance or sale (or deemed issuance or sale in accordance with Section
4(d)) 4.6 by the Company after the
Original Issue Date date of issuance of this Warrant set forth above of: (a) shares of Common Stock issued upon the exercise of this
Warrant; Warrant or upon the exercise of any other warrants issued pursuant to the Securities Purchase Agreement; (b)
up shares of Common Stock issued upon the exercise of warrants issued to
an aggregate of 1,154,550 Skyway Capital Markets, its... affiliates or assigns in connection with the transactions contemplated by the Securities Purchase Agreement, or (c) shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of (i) Options outstanding prior to the date of this Warrant, or (ii) Options granted 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, in each case authorized by the Board of Directors of the Company and issued pursuant to the Company's 2017 Stock Incentive Plan an authorized equity incentive plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares date of Common Stock issued upon the conversion or exercise issuance of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, this Warrant set forth above), provided that in the case of foregoing clauses (a), (b), or (c), such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof. thereof
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Excluded Issuances.
Means means any issuance or sale
(or deemed issuance or sale in accordance with Section 4(d)) by the Company after the Original Issue Date of: (a) shares of Common Stock issued upon the exercise of this
Warrant; Warrant or (b) up to an aggregate of
1,154,550 1,000,000 shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of Options 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, in each case authorized by the Board and issued pursuant to the Company's 2017 stock plan referred to as the "Wyndcrest DD Florida, Inc. - 2010 Stock Incentive Plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); Plan"; or (c) shares of Common Stock issued upon the conversion or exercise of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, provided that such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof.
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Excluded Issuances.
Means means any issuance or sale (or deemed issuance or sale in accordance with Section
4(d)) 4.6) by the Company after the
Original Issue Date date of issuance of this Warrant set forth above of: (a) shares of Common Stock issued upon the exercise of this
Warrant; Warrant or upon the exercise of any other warrants issued pursuant to the Securities Purchase Agreement; (b)
up shares of Common Stock issued upon the exercise of warrants issued to
an aggregate of 1,154,550 Skyway Capital Markets,... its affiliates or assigns in connection with the transactions contemplated by the Securities Purchase Agreement, or (c) shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of (i) Options outstanding prior to the date of this Warrant, or (ii) Options granted 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, in each case authorized by the Board of Directors of the Company and issued pursuant to the Company's 2017 Stock Incentive Plan an authorized equity incentive plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares date of Common Stock issued upon the conversion or exercise issuance of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, this Warrant set forth above), provided that in the case of foregoing clauses (a), (b), or (c), such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof.
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Excluded Issuances.
Means means any issuance or sale (or deemed issuance or sale in accordance with Section
4(d)) 4.6 by the Company after the
Original Issue Date date of issuance of this Warrant set forth above of: (a) shares of Common Stock issued upon the exercise of this
Warrant; Warrant or upon the exercise of any other warrants issued pursuant to the Securities Purchase Agreement; (b)
up shares of Common Stock issued upon the exercise of warrants issued to
an aggregate of 1,154,550 Skyway Capital Markets,... its affiliates or assigns in connection with the transactions contemplated by the Securities Purchase Agreement, or (c) shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of (i) Options outstanding prior to the date of this Warrant, or (ii) Options granted 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, in each case authorized by the Board of Directors of the Company and issued pursuant to the Company's 2017 Stock Incentive Plan an authorized equity incentive plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares date of Common Stock issued upon the conversion or exercise issuance of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, this Warrant set forth above), provided that in the case of foregoing clauses (a), (b), or (c), such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof.
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Excluded Issuances.
Means means any issuance or sale (or deemed issuance or sale in accordance with Section
4(d)) 4.6 by the Company after the
Original Issue Date date of issuance of this Warrant set forth above of: (a) shares of Common Stock issued upon the exercise of this
Warrant; Warrant or upon the exercise of any other warrants issued pursuant to the Securities Purchase Agreement; (b)
up shares of Common Stock issued upon the exercise of warrants issued to
an aggregate of 1,154,550 Skyway Capital Markets,... its affiliates or assigns in connection with the transactions contemplated by the Securities Purchase Agreement, or (c) shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of (i) Options outstanding prior to the date of this Warrant, or (ii) Options granted 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, in each case authorized by the Board of Directors of the Company and issued pursuant to the Company's 2017 Stock Incentive Plan an authorized equity incentive plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares date of Common Stock issued upon the conversion or exercise issuance of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, this Warrant set forth above), provided that in the case of foregoing clauses (a), (b), or (c), such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof.
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Excluded Issuances.
Means means any issuance or sale (or deemed issuance or sale in accordance with Section
4(d)) 4.6 by the Company after the
Original Issue Date date of issuance of this Warrant set forth above of: (a) shares of Common Stock issued upon the exercise of this
Warrant; Warrant or upon the exercise of any other warrants issued pursuant to the Securities Purchase Agreement; or (b)
up to an aggregate of 1,154,550 shares of Common Stock (as such number of shares is equitably adjusted for subsequent
... stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of (i) Options or Convertible Securities outstanding prior to the date of this Warrant, or (ii) Options or shares of Common Stock granted 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, in each case authorized by the Board of Directors of the Company and issued pursuant to the Company's 2017 Stock Incentive Plan an authorized equity incentive plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares date of Common Stock issued upon the conversion or exercise issuance of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, this Warrant set forth above), provided that in the case of foregoing clauses (a) or (b), such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof.
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Excluded Issuances.
Means means any issuance or sale (or deemed issuance or sale in accordance with Section 4(d)) by the Company after the Original Issue Date of: (a) shares of Common Stock issued upon the exercise of this Warrant; (b) up to an aggregate of
1,154,550 15,000,000 shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock
dividends dividends, and recapitalizations) issued directly or upon the exercise of Options to directors,
... officers, employees, or consultants of the Company in connection with their service as directors of the Company, their employment by the Company Company, or their retention as consultants by the Company, in each case authorized by the Board and issued pursuant to the Company's 2017 Stock 2023 Omnibus Equity Incentive Plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares of Common Stock issued upon the conversion or exercise of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, provided that such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof. thereof except in accordance with the terms of such Options or Convertible Securities; (d) shares of Common Stock, Options, or Convertible Securities issued (i) to Persons in connection with a joint venture, strategic alliance, or other commercial relationship with such Person (including Persons that are customers, suppliers, and strategic partners of the Company) relating to the operation of the Company's business and not for the primary purpose of raising equity capital, (ii) in connection with a transaction in which the Company, directly or indirectly, acquires another business or its tangible or intangible assets, or (iii) to lenders as equity kickers in connection with debt financings of the Company, in each case where such transactions have been approved by the Board; (e) shares of Common Stock in an offering for cash for the account of the Company that is underwritten on a firm commitment basis and is registered with the Securities and Exchange Commission under the Securities Act; or (f) shares of Common Stock, Options, or Convertible Securities issued to the lessor or vendor in any office lease or equipment lease or similar equipment financing transaction in which the Company obtains the use of such office space or equipment for its business.
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Excluded Issuances.
Means means any issuance or sale (or deemed issuance or sale in accordance with Section
4(d)) 5(d)) by the Company after the Original Issue Date of: (a) shares of Common Stock issued upon the exercise of this Warrant; (b) up to an aggregate of
1,154,550 9,743,114 shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of Options 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, in each case authorized by the Board and issued pursuant to the 2 Company's 2017 Stock Incentive Plan, 2018 Stock Incentive Plan and 2023 Stock Incentive Plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares of Common Stock issued upon the conversion or exercise of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, provided that such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof. thereof; (d) Exempted Securities, as defined in the Company's Fourth Amended and Restated Certificate of Incorporation; or (e) shares of Common Stock or Convertible Securities issued in connection with any financing approved by at least four (4) directors of the Board.
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Excluded Issuances.
Means means any issuance or sale (or deemed issuance or sale in accordance with Section 4(d)) by the Company after the Original Issue Date of: (a) shares of Common Stock issued upon the exercise of this Warrant; (b) up to an aggregate of
1,154,550 9,743,114 shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of Options 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, in each case authorized by the Board and issued pursuant to the Company's 2017 Stock Incentive Plan, 2018 Stock Incentive Plan and 2023 Stock Incentive Plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date); or (c) shares of Common Stock issued upon the conversion or exercise of Options (other than Options covered by clause (b) above) or Convertible Securities issued prior to the Original Issue Date, provided that such securities are not amended after the date hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof. thereof; (d) Exempted Securities, as defined in the Company's Fourth Amended and Restated Certificate of Incorporation; or (e) shares of Common Stock or Convertible Securities issued in connection with any financing approved by at least four (4) directors of the Board.
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