Excluded Stock Definition Example with 6 Variations

Excluded Stock. Means means (A) capital stock, Options (as defined in Section 4D(1)) or Convertible Securities (as defined in Section 4D(1)) issued to employees, consultants, officers or directors of the Company pursuant to any stock or option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (B) shares of Common Stock issued upon the conversion or exercise of... Options or Convertible Securities issued prior to the date hereof, provided that such securities have not been amended since the date hereof, (C) securities issued pursuant to that certain Purchase Agreement dated December 21, 2004, among the Company and the Investors named therein (the "Purchase Agreement") and securities issued upon the exercise or conversion of those securities, (D) capital stock or Convertible Securities issued to a lender in connection with the provision of credit to the Company and (D) (E) shares of Common Stock issued or issuable by reason of a dividend, stock split or other distribution on shares of Common Stock (but only to the extent that such a dividend, split or distribution results in an adjustment in the Conversion Price pursuant to the other provisions of this Series N M Preferred Stock). View More

Excluded Stock. Means means (A) capital stock, Options (as defined in Section 4D(1)) 4E(1)) or Convertible Securities (as defined in Section 4D(1)) 4E(1)) issued to employees, consultants, officers or directors of the Company pursuant to any stock or option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (B) shares of Common Stock issued upon the conversion or... exercise of Options or Convertible Securities issued prior to the date hereof, the Series F Preferred Stock is issued, provided that such securities have not been amended since the date hereof, (C) capital stock or Convertible Securities issued to a lender in connection with the provision of credit to the Company and (D) shares of Common Stock issued or issuable by reason of a dividend, stock split or other distribution on shares of Common Stock (but only to the extent that such a dividend, split or distribution results in an adjustment in the Conversion Price pursuant to the other provisions of this Series N F Preferred Stock). View More

Excluded Stock. Means means (A) capital stock, Options (as defined in Section 4D(1)) or Convertible Securities (as defined in Section 4D(1)) issued to employees, consultants, officers or directors of the Company Corporation pursuant to any stock or option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company Corporation or a majority of the members of a committee of non-employee directors established for such purpose, (B) shares of Common Stock issued upon the... conversion or exercise of Options or Convertible Securities issued prior to the date hereof, provided that such securities have not been amended since the date hereof, hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof, (C) capital stock securities issued pursuant to those certain Purchase Agreements dated November 9, 2006 and January 3, 2007, among the Corporation and the Investors named therein (the "Purchase Agreements") and securities issued upon the exercise or Convertible Securities issued to a lender in connection with the provision conversion of credit to the Company those securities, and (D) shares of Common Stock issued or issuable by reason of a dividend, stock split or other distribution on shares of Common Stock (but only to the extent that such a dividend, split or distribution results in an adjustment in the Conversion Price pursuant to the other provisions of this Series N B Preferred Stock). View More

Excluded Stock. Means means (A) capital stock, Options (as defined in Section 4D(1)) or Convertible Securities (as defined in Section 4D(1)) issued to employees, consultants, officers or directors of the Company pursuant to any stock or option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (B) shares of Common Stock issued upon the conversion or exercise of... Options or Convertible Securities issued prior to the date hereof, provided that such securities have not been amended since the date hereof, hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof, (C) capital stock or Convertible Securities securities issued pursuant to a lender in connection with the provision of credit to that certain Purchase Agreement dated October 31, 2006, among the Company and the Investors named therein (the "Purchase Agreement") and securities issued upon the exercise or conversion of those securities, and (D) shares of Common Stock issued or issuable by reason of a dividend, stock split or other distribution on shares of Common Stock (but only to the extent that such a dividend, split or distribution results in an adjustment in the Conversion Price pursuant to the other provisions of this Series N B Preferred Stock). View More

Excluded Stock. Means means (A) capital stock, Options (as defined in Section 4D(1)) or Convertible Securities (as defined in Section 4D(1)) issued to employees, consultants, officers or directors of the Company Corporation pursuant to any stock or option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company Corporation or a majority of the members of a committee of non-employee directors established for such purpose, (B) shares of Common Stock issued upon the... conversion or exercise of Options or Convertible Securities issued prior to the date hereof, provided that such securities have not been amended since the date hereof, hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof, (C) securities issued pursuant to that certain Purchase Agreement dated March 4, 2005, among the Corporation and the Investors named therein (the "Purchase Agreement") and securities issued upon the exercise or conversion of those securities, (D) capital stock or Convertible Securities issued to in a lender in connection with joint venture, strategic partnership or licensing arrangement, the provision primary purpose of credit to which is not the Company raising of capital and (D) (E) shares of Common Stock issued or issuable by reason of a dividend, stock split or other distribution on shares of Common Stock (but only to the extent that such a dividend, split or distribution results in an adjustment in the Conversion Price pursuant to the other provisions of this Series N A Preferred Stock). View More

Excluded Stock. Means means (A) capital stock, Options (as defined in Section 4D(1)) or Convertible Securities (as defined in Section 4D(1)) issued to employees, consultants, officers or directors of the Company pursuant to any stock or option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose, (B) shares of Common Stock issued upon the conversion or exercise of... Options or Convertible Securities issued prior to the date hereof, provided that such securities have not been amended since the date hereof, hereof to increase the number of shares of Common Stock issuable thereunder or to lower the exercise or conversion price thereof, (C) capital stock or Convertible Securities securities issued pursuant to a lender in connection with the provision of credit to that certain Purchase Agreement dated January 13, 2006, among the Company and the Investors named therein (the "Purchase Agreement") and securities issued upon the exercise or conversion of those securities, and (D) shares of Common Stock issued or issuable by reason of a dividend, stock split or other distribution on shares of Common Stock (but only to the extent that such a dividend, split or distribution results in an adjustment in the Conversion Price pursuant to the other provisions of this Series N A Preferred Stock). View More