Shares

Shares. The meaning set forth in the Recitals, provided, however, that for the avoidance of doubt Shares shall not include shares of the Parent's Common Stock acquired by the Investor in the open market or in any other private placement transaction occurring after the Closing Date

Shares. The shares of Common Stock issued to MST as "Securities Consideration" under the Purchase Agreement.

Shares. With respect to each Stockholder, all shares, whether now owned or hereafter acquired, of Common Stock and Preferred Stock, owned by such Stockholder; provided, however, for the purposes of any computation of the number of "Shares" owned by any Stockholder pursuant to the definition of "Eligible Investor" and any of Sections 2, 3, 6 and 8.3, all outstanding Common Stock Equivalents owned by any Stockholder shall be deemed converted, exercised or exchanged as applicable and the shares of Common... Stock issuable upon such conversion, exercise or exchange shall be deemed outstanding and owned by such Stockholder, whether or not such conversion, exercise or exchange has actually been effected View More

Shares. Means the shares of Common Stock to be issued upon conversion pursuant to the Credit Agreement.

Shares. Shall mean (i) all Company Common Shares, warrants and/or other rights to acquire Company Common Shares of which such Shareholder is the registered or beneficial owner as of the date hereof, and (ii) all additional Company Common Shares, warrants and/or other rights to acquire Company Common Shares of which such Shareholder acquires registered or beneficial ownership during the period from the date of this Agreement through the Expiration Date (including by way of share dividend or... distribution, subdivision, recapitalization, consolidation, exchange of shares and the like). For avoidance of doubt, "Shares" shall exclude any physically-settled or cash-settled swap instruments to which the Shareholder does not have the right to control or direct the voting of the underlying Company Common Shares. View More

Shares. Means shares of common stock of the Company, $0.0001 par value per share, subject to adjustment as set forth herein.

Shares. Means shares of Common Stock of the Company held by HCP or its Affiliates.

Shares. Shall mean: (i) all securities of DMK (including all shares of DMK Common Stock, and all shares of DMK Common Stock that are issuable upon exercise, conversion or exchange of outstanding options, warrants, convertible notes and other rights to acquire shares of DMK Common Stock) Owned by Securityholder as of the date of this Support Agreement or thereafter acquired by or issued to Securityholder; and (ii) all additional securities of DMK of which Securityholder acquires Ownership during the... period from the date of this Support Agreement through the Expiration Date (including by way of stock dividend or distribution, split-up, recapitalization, combination, exchange of shares and the like). View More

Shares. The transferable units of beneficial interest, $0.001 par value per share, of the Company or any security into which such transferable units of beneficial interest may be changed by reason of any transaction or event of the type referred to in Section 12 of this Plan.

Shares. Shares of the Company's common stock; provided, however, if in the event of a Change of Control, the Holder as a holder of the Company's common stock will not receive an amount equal to the sum of (x) the Buyout Percentage of the Gross Proceeds from a Change of Control plus (y) the Exercise Price, "Shares" shall mean shares of the series of the Company's preferred stock with the most senior liquidation preference which will result in the Holder after exercise of this Warrant receiving the sum... of (x) the Buyout Percentage of the Gross Proceeds from a Change of Control, plus (y) the Exercise Price View More