Stockholder

Stockholder. Means any party to the Stockholders Agreement or this Agreement, the Permitted Transferees of any such party, and any other Person who becomes a party to the Stockholders Agreement or this Agreement. -3- 4 "Stockholder Shares" means (i) any Common Stock held by the Stockholders, including without limitation any Common Stock issued upon conversion of the Series A Preferred Stock, and (ii) any equity securities issued or issuable directly or indirectly with respect to the... securities referred to in clause (i) above by way of stock dividend or stock split or in connection with a combination of shares, recapitalization, merger, consolidation or other reorganization. As to any particular shares constituting Stockholder Shares, such shares will cease to be Stockholder Shares when they have been sold in a Public Sale, an Approved Sale, or upon the consummation of an Initial Public Offering. For purposes of this Agreement, a Person will be deemed to be a holder of Stockholder Shares whenever such Person has the right to acquire directly or indirectly such Stockholder Shares (upon conversion or exercise in connection with a Transfer of securities or otherwise, but disregarding any restrictions or limitations upon the exercise of such right), whether or not such acquisition has actually been effected. View More

Stockholder. Any of the Investor and any affiliate of the Investor to whom the rights granted under this Agreement are transferred by the Investor, pursuant to Section 3 hereof.

Stockholder. Means (i) any Investor or affiliate of an Investor and any persons or entities to whom the rights granted under this Agreement are transferred by any Investors or such affiliates, their successors or assigns, (ii) any Founder (but not with regard to required registrations), (iii) M.I.T. (but not with regard to required registrations), (iv) for purposes of Sections 1, 2 (but not with regard to required registrations), 5, 6, 7 and 8 only, Comerica and Heller, (v) with respect to the rights and... obligations of SVB and Gold Hill relating to the Series C Warrants and any shares issued or issuable thereunder, for purposes of Sections 1, 2 (but not with regard to Sections 2.1(a) and 2.9), 5, 6, 7 and 8 only, SVB and Gold Hill and (vi) for purposes of Sections 1, 2 (but not with regard to required registrations under Section 2.1), 5, 6, 7 and 8 only, a Common Investor. View More

Stockholder. Means (a) the individual whose name and signature appear on the signature page hereto, (b) his, her or its assignees hereunder, (c) his, her or its respective estate, guardian, conservator, committee, trustee, manager, partner or officer, (d) his or her spouse and descendants that are minors or legally incompetent ... (and any estate, guardian, conservator, committee, trustee, manager, partner or officer for such minor) and (e) his, her or its Stockholder's Affilated Entities. In the event of a transfer by operation of law of any Lock-Up Shares owned by the Stockholder, the Stockholder's rights and obligations under this Agreement shall remain and apply to any successor in interest to the Stockholder as if such successor in interest were the original Stockholder signing this Agreement. View More

Stockholder. Has the meaning assigned to such term in the introductory paragraph to this Agreement.

Stockholder. Means a Person owning of record any shares of Common Stock and executing this Agreement or a counterpart thereof.

Stockholder. Shall have the meaning assigned in the preamble hereto.

Stockholder. Means a record holder of one or more shares of capital stock of the Company.

Stockholder. As used herein in respect of the right to notice of a meeting of stockholders or a waiver thereof or to participate or vote thereat or to consent or dissent in writing in lieu of a meeting, as the case may be, the term "share" or "shares" or "share of stock" or "shares of stock" or "stockholder" or "stockholders" refers to an outstanding share or shares of stock and to a holder or holders of record of outstanding shares of stock when the Corporation is authorized to issue only one class of... shares of stock, and such reference is also intended to include any outstanding share or shares of stock and any holder or holders of record of outstanding shares of stock of any class upon which or upon whom the Corporation's Certificate of Incorporation confers such rights where there are two or more classes or series of shares of stock or upon which or upon whom the General Corporation Law confers such rights notwithstanding 2 that the Corporation's Certificate of Incorporation may provide for more than one class or series of shares of stock, one or more of which are limited or denied such rights thereunder; provided , however, that no such right shall vest in the event of an increase or a decrease in the authorized number of shares of stock of any class or series which is otherwise denied voting rights under the provisions of the Corporation's Certificate of Incorporation, including any preferred stock which is denied voting rights under the provisions of the resolution or resolutions adopted by the Board of Directors with respect to the issuance thereof. View More

Stockholder. Means initially Ballinrobe, and any transferee of Ballinrobe that receives shares in accordance with the terms of Section 8(b) above.