Excluded Securities Definition Example with 8 Variations

This page contains an example definition of Excluded Securities, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
Excluded Securities. Means any Common Stock issued or issuable: (i) in connection with any Approved Stock Plan; (ii) upon conversion of the SPA Securities or the exercise of the SPA Warrants; (iii) in connection with the payment of any Interest Shares on the SPA Securities; and (iv) upon exercise of any Options or Convertible Securities which are outstanding on the day immediately preceding the Subscription Date, provided that the terms of such Options or Convertible Securities are not amended, modified or changed... on or after the Subscription Date. View More Arrow
Found in STINGER SYSTEMS, INC contract

Variations

Excluded Securities. Means means any shares of Common Stock issued or issuable: issuable, or deemed issued or issuable pursuant to Section 2(a): (i) in connection with any Approved Stock Plan; Plan, (ii) upon conversion of the SPA Securities or the exercise of the SPA Warrants; provided, that the terms of such Warrants are not amended, modified or changed on or after the Subscription Date and (iii) in connection with the payment of any Interest Shares on the SPA Securities; and (iv) upon conversion, exercise or... exchange of any Options or Convertible Securities which are outstanding on the day immediately preceding the Subscription Date, provided Date; provided, that the terms of such Options or Convertible Securities are not amended, modified or changed on or after the Subscription Date. View More Arrow
Found in Isoray, Inc. contract
Excluded Securities. Means any Common Stock issued or issuable: (i) issuable or deemed to be issued in accordance with Section 2(a) hereof by the Company: (A) in connection with any Approved Stock Plan; (ii) (B) upon conversion of the SPA Securities or upon the exercise of the SPA Warrants; (iii) in connection with the payment of any Interest Shares on the SPA Securities; and (iv) (C) upon conversion, exercise or exchange of any Options or Convertible Securities which are outstanding on the day immediately... preceding the Subscription Date, provided that such issuance of Common Stock upon exercise of such Options or Convertible Securities is made pursuant to the terms of such Options or Convertible Securities in effect on the date immediately preceding the Subscription Date and such Options or Convertible Securities are not amended, modified or changed on or after the Subscription Date. Date; (D) in connection with any stock split, stock dividend, recapitalization or similar transaction by the Company for which adjustment is made pursuant to Section 2(b); and (E) in connection with mergers, acquisitions, strategic business partnerships or joint ventures, in each case with non-affiliated third parties and otherwise on an arm's-length basis, the primary purpose of which is not to raise additional capital View More Arrow
Found in China XD Plastics Co Ltd contract
Excluded Securities. Means means any Common Stock issued or issuable: (i) in connection with any Approved Stock Plan; (ii) upon conversion of the SPA Securities or the exercise of the SPA Warrants; (iii) in connection with any stock split, stock dividend, recapitalization or similar transaction by the payment of any Interest Shares on the SPA Securities; Company for which adjustment is made pursuant to Section 2(b); and (iv) upon exercise of any Options or Convertible Securities which are outstanding on the day... immediately preceding the Subscription Date, provided that the terms of such Options or Convertible Securities are not amended, modified or changed on or after the Subscription Date. View More Arrow
Found in China Intelligence Information Systems Inc. contract
Excluded Securities. Means means any Common Stock issued or issuable: (i) issuable or deemed to be issued in connection accordance with Section 2(a) hereof by the Company: (A) under any Approved Stock Plan; (ii) upon Plan (as defined in the Certificate of Designations); (B) in respect of a conversion or redemption of the SPA Securities Preferred Shares or as Dividend Shares (as defined in the Certificate of Designations) in accordance with the Certificate of Designations or upon the exercise of the SPA Warrants; ... class="diff-color-red">(iii) in connection with the payment of any Interest Shares on the SPA Securities; and (iv) (C) upon conversion, exercise or exchange of any Options or Convertible Securities which are outstanding on the day immediately preceding the Subscription Issuance Date, provided that such issuance of Common Stock upon exercise of such Options or Convertible Securities is made pursuant to the terms of such Options or Convertible Securities in effe ct on the date immediately preceding the Issuance Date and such Options or Convertible Securities are not amended, modified or changed on or after the Subscription Date. Issuance Date; (D) in connection with any stock split, stock dividend, recapitalization or similar transaction by the Company for which adjustment is made pursuant to Section 2(b) hereof; and (E) as the consideration issued to the stockholders of the target entity in a merger transaction or stock acquisition or to the partners in strategic business partnerships or joint ventures, in each case with non-affiliated third parties in a bona fide transaction and otherwise on an arm's length basis, the purpose of which is not to raise additional capital, which for purposes of clarity shall not include securities issued to any other party in connection with any such transaction. View More Arrow
Found in BEACON POWER CORP contract
Excluded Securities. Means means any shares of Common Stock issued or issuable: (i) in connection with any Approved Stock Plan; (ii) upon conversion of the SPA Securities or the exercise of the SPA Warrants; (iii) in connection with the payment Warrants and upon issuance of any Interest Adjustment Shares on (as defined in the SPA Securities; Securities Purchase Agreement); and (iv) (iii) upon exercise of any Options or Convertible Securities which are outstanding on the day immediately preceding the Subscription ... class="diff-color-red">Date, Date; provided that the terms of such Options or Convertible Securities are not amended, modified or changed on or after the Subscription Date. View More Arrow
Found in Digital Domain Media Group, Inc. contract
Excluded Securities. Means means any Common Stock issued or issuable: (i) in connection with any Approved Stock Plan; (ii) upon conversion of the SPA Securities or the exercise of the SPA Warrants; (iii) in connection with the payment of any Interest Shares on the SPA Securities; and (iv) upon exercise of any Options or Convertible Securities which are outstanding on the day immediately preceding the Subscription Date, Date and described in the disclosure schedules attached to the Securities Purchase Agreement,... provided that the terms of such Options or Convertible Securities are not amended, modified or changed on or after the Subscription Date. View More Arrow
Found in STINGER SYSTEMS, INC contract
Excluded Securities. Means means any Common Stock issued or issuable: (i) in connection with any Approved Stock Plan; (ii) upon conversion of the SPA Securities or the exercise of the SPA Warrants; (iii) in connection with any stock split, stock dividend, recapitalization or similar transaction by the payment of any Interest Shares on the SPA Securities; Company for which adjustment is made pursuant to Section 2(b); and (iv) upon exercise of any Options or Convertible Securities which are outstanding on the day... immediately preceding the Subscription Date, provided that the terms of such Options or Convertible Securities are not amended, modified or changed on or after the Subscription Date. View More Arrow
Found in RxElite, Inc. contract
Excluded Securities. Means any Common Stock issued or issuable: (i) in connection with any Approved Stock Plan; (ii) upon conversion of the SPA Securities or the exercise of the SPA Warrants; (iii) in connection with any stock split, stock dividend, recapitalization or similar transaction by the payment of any Interest Shares on the SPA Securities; Company for which adjustment is made pursuant to Section 2(b); and (iv) upon exercise of any Options or Convertible Securities which are outstanding on the day... immediately preceding the Subscription Date, provided that the terms of such Options or Convertible Securities are not amended, modified or changed on or after the Subscription Date. View More Arrow
Found in RxElite, Inc. contract
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