Excluded Securities

Excluded Securities. Shares of Common Stock issuable upon conversion of shares of preferred stock issuable upon exercise of options to purchase preferred stock originally issued on September 28, 2016 and as may be amended from time to time

Excluded Securities. (i) shares of Common Stock issued upon exercise or conversion of any exercisable or convertible securities outstanding as of the date hereof, including without limitation the Notes and Warrants issued pursuant to the Securities Purchase Agreement; (ii) shares of Common Stock or securities convertible into Common Stock issued to officers, directors, employees, contractors, consultants or other advisors unanimously approved by the Board; (iii) shares of Common Stock or securities convertible into... Common Stock issued in connection with in consideration for a merger, consolidation or purchase of assets, or in connection with any strategic partnership or joint venture (the primary purpose of which is not to raise equity capital), or in connection with the disposition or acquisition of a business, product or license by the Company; and (iv) shares of Common Stock or securities convertible or exercisable into Common Stock that the holders of a majority of the outstanding principal amount of Notes issued pursuant to the Securities Purchase Agreement elect in writing to deem Excluded Securities. View More

Excluded Securities. Has the meaning set forth in the Rights Agreement.

Excluded Securities. Means (i) securities issued upon the conversion of any debenture, warrant, option, or other convertible security; (ii) Common Stock issuable upon a stock split, stock dividend, any subdivision of, or other distribution on, shares of Common Stock; (iii) shares of Common Stock (or options to purchase such shares of Common Stock) issued or issuable to employees or directors of, or consultants to, the Company pursuant to any plan, agreement or arrangement approved by the Board; (iv) shares of... Common Stock, warrants, options or other convertible securities issued to banks, equipment lessors or other financial institutions, or to real property lessors, pursuant to a debt financing, equipment leasing or real property leasing transaction approved by the Board; (v) shares of Common Stock, warrants, options or other convertible securities issued to suppliers, vendors or third party service providers in connection with the provision of goods or services pursuant to transactions approved by the Board; and (vi) shares of Common Stock, warrants, options or other convertible securities issued as acquisition consideration pursuant to the acquisition of another company by the Company; provided that the issuance of any such securities in (i) through (vi) above are approved by the Board. View More