Excluded Securities Definition Example with 7 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 shares of Common Stock issued or issuable, or deemed issued or issuable pursuant to Section 2(a): (i) in connection with any Approved Stock Plan, (ii) upon exercise of the Warrants; provided, that the terms of such Warrants are not amended, modified or changed on or after the Subscription Date and (iii) upon conversion, exercise or exchange 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

Variations

Excluded Securities. Means any shares of Common Stock issued or issuable, issuable or deemed to be issued or issuable pursuant to in accordance with Section 2(a): 2(a) hereof by the Company: (i) in connection with under any Approved Stock Plan, (ii) upon exercise of any SPA, Series A Warrants, any Series B Warrants and any Series C Warrants, in each case issued pursuant to the Warrants; Securities Purchase Agreement; provided, that the terms of such SPA Warrants Series B Warrants and Series C Warrants are not... amended, modified or changed on or after the Subscription Date and Date, or (iii) 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 View More
Excluded Securities. Means means any shares of Common Stock issued or issuable, or deemed issued or issuable pursuant to Section 2(a): (i) in connection with any Approved Stock Plan, (ii) upon exercise of the Warrants; provided, that the terms of such Warrants are not amended, modified or changed on or after the Subscription Date and Date, (iii) upon conversion, exercise or exchange 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. Date, and (iv) to new employees of the Company under NASDAQ Rule 5635(c)(4). View More
Excluded Securities. Means any shares of Common Stock issued or issuable, or deemed issued or issuable pursuant to Section 2(a): issuable: (i) in connection with any Approved Stock Plan, Plan; (ii) pursuant to the terms of the Notes or upon the exercise of the SPA Warrants; provided, provided that the terms of such Notes or SPA Warrants are not amended, modified or changed on or after the Subscription Date and Date; or (iii) upon conversion, conversion or 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. Date View More
Excluded Securities. Means any shares of Common Stock issued or issuable, issuable or deemed to be issued or issuable pursuant to in accordance with Section 2(a): 2(a) hereof by the Company: (i) in connection with under any Approved Stock Plan, (ii) upon exercise of any SPA Warrants, any Series B Warrants and any Pre-funded Warrants, in each case issued pursuant to the Warrants; Securities Purchase Agreement; provided, that the terms of such SPA Warrants, Series B Warrants and Pre-funded Warrants are not amended,... modified or changed on or after the Subscription Date and Date, or (iii) 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 View More
Excluded Securities. Means means any shares of Common Stock issued or issuable, or deemed issued or issuable pursuant to Section 2(a): (i) in connection with any Approved Stock Plan, (ii) upon exercise of the Warrants; provided, that the terms of such Warrants are not amended, modified or changed on or after the Subscription Date and Date, (iii) upon conversion, exercise or exchange 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. Date, and (iv) for consideration other than cash and with an aggregate market value of less than $100,000 in any twelve (12) month period. View More
Excluded Securities. Means any shares of Common Stock issued or issuable, issuable or deemed to be issued or issuable pursuant to in accordance with Section 2(a): (i) in connection with 2(a) hereof by the Company: (A) under any Approved Stock Plan, (ii) Plan; (B) pursuant to the terms of the Series B Preferred Shares in accordance herewith; provided, that the provisions relating to the Series B Preferred Shares are not amended, modified or changed on or after the Subscription Date; (C) upon the exercise of the... Warrants; provided, provided that the terms of such Warrants are not amended, modified or changed on or after the Subscription Date and (iii) Date; (D) 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 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 View More
Excluded Securities. Means any shares of Common Stock issued or issuable, or deemed issued or issuable issuable: (i) pursuant to Section 2(a): (i) the Prospectus Supplement, (ii) in connection with any Approved Stock Plan, (ii) (iii) upon exercise of the Warrants; Warrants provided, that the terms of such Warrants are not amended, modified or changed on or after the Subscription Date and (iii) (iv) upon conversion, exercise or exchange of any Options or Convertible Securities which are outstanding on the day... immediately preceding the Subscription Date; Date provided, that the terms of such Options or Convertible Securities are not amended, modified or changed on or after the Subscription Date. Date View More
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