New Securities
New Securities. Means, collectively, equity securities of the Company, whether or not currently authorized, as well as rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable for such equity securities, excluding (i) any Series A Preferred Stock issued to Kunlun Pharmaceuticals Ltd. on the Second Payment Date, as such term is defined in the Purchase Agreement, (ii) any Series A Preferred Stock...
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Found in
Jaguar Health, Inc. contract
New Securities. Means, collectively, equity securities of the Company, whether or not currently authorized, as well as rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable for such equity securities; provided, however, that shares of Series F Preferred Stock sold pursuant to the Purchase Agreement as it may be amended from time to time are excluded from this definition.
Found in
Invitae Corp contract
New Securities. Any capital stock (or rights to acquire capital stock) of the Company other than Excluded Securities.
Found in
Five9, Inc. contract
New Securities. Means, collectively, equity securities of the Company, whether or not currently authorized, including any stock appreciation or similar rights, contractual or otherwise, convertible debt or units of equity and debt, as well as rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable for such equity securities.
Found in
Everyday Health, Inc. contract
New Securities. All shares of Common Stock issued or deemed to be issued by the Company after the SPA Date, other than Excepted Issuances
Found in
ECOSPHERE TECHNOLOGIES INC contract
New Securities. The meaning set forth in the preamble
New Securities. Equity securities of the Company (other than those securities excluded from the definition of Additional Shares of Common Stock in the Restated Certificate), whether or not currently authorized, as well as rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable (directly or indirectly) for such equity securities
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SUTRO BIOPHARMA, INC. contract
New Securities. Means any Common Stock, whether now authorized or not, and rights, options or warrants to purchase such Common Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock that are issued in a capital raising transaction for cash consideration; provided, however, that the term "New Securities" does not include any (a) New Securities issued as part of the consideration in connection with any acquisition of the assets or capital stock of...
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Cadrenal Therapeutics, Inc. contract
New Securities. The meaning set forth in the Recitals
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Charge Enterprises, Inc. contract
New Securities. Shall mean any shares of Common Stock or Common Stock Equivalents, except for (a) shares of Common Stock or Common Stock Equivalents that are issued pursuant to the Company's stock option and incentive plans or other employee or director compensation plans; (b) shares of Common Stock or Common Stock Equivalents that are issued as matching contributions under the Company's 401(k) plan; (c) shares of Common Stock or Common Stock Equivalents that are issued as a dividend or other distribution on...
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Found in
Bloom Energy Corp contract