Subject Shares

Subject Shares. Shall mean: (i) all securities of the Company (including all shares of Company Common Stock and all options, warrants and other rights to acquire shares of Company Common Stock) owned by the Stockholder as of the date hereof; and (ii) all additional securities of the Company (including all additional shares of Company Common Stock and all additional options, warrants and other rights to acquire shares of Company Common Stock) of which the Stockholder acquires beneficial ownership during... the period from the date of this Agreement through the Expiration Date (including by way of purchase, exercise of options, warrants or other securities, the conversion or exchange of any securities, stock dividend or distribution, split-up, recapitalization, combination, exchange of shares and the like). View More

Subject Shares. Means (i) all shares of Company Capital Stock Beneficially Owned by Shareholder as of the date of this Agreement; and (ii) all additional shares of Company Capital Stock of which Shareholder acquires Beneficial Ownership during the period from the date of this Agreement through the Expiration Date.

Subject Shares. Other than nontransferable restricted shares of Company Common Stock, with respect to each Stockholder, (i) all shares of Company Common Stock beneficially owned by such Stockholder as of the date hereof; and (ii) all additional shares of Company Common Stock of which such Stockholder acquires beneficial ownership during the period from the date of this Agreement through the Expiration Date (including by way of stock dividend or distribution, split-up, recapitalization, combination, exchange of... shares or issued upon the exercise of any options, the settlement of any restricted stock or other conversion of any convertible securities). View More

Subject Shares. Shall mean any shares of Company Capital Stock owned, or hereafter acquired, by the Stockholder, or for which the Stockholder otherwise becomes the record or beneficial owner (within the meaning of Rule 13d-3 of the Exchange Act), prior to the termination of this Agreement.

Subject Shares. Shall mean the 25,425,000 shares of Common Stock owned by the Shareholder together with any other shares of the Company capital stock of which the Shareholder acquires beneficial ownership after the Effective Date and until such time as the Shareholder's registration rights terminate in accordance with Section 4.11 hereof, whether upon the exercise of options, warrants or rights, the conversion or exchange of convertible or exchangeable securities, or by means of purchase, dividend,... distribution or otherwise. For purposes of Section 4 of this Agreement, Subject Shares shall not include any shares of Common Stock which previously have been registered under the Securities Act, which have been sold to 2 3 the public either pursuant to a registration statement under the Securities Act or Rule 144, or, except to the extent of a permitted assignment of the Shareholder's rights under Sections 4.1 and 4.2 pursuant to Section 5 of this Agreement, which have been sold in a private transaction. View More

Subject Shares. Means (i) all shares of Company Capital Stock Beneficially Owned by each Stockholder as of the date of this Voting Agreement and (ii) all additional shares of Company Capital Stock of which each Stockholder acquires Beneficial Ownership during the period from the date of this Voting Agreement through the Expiration Date.

Subject Shares. Shall mean all issued and outstanding shares of Series B Preferred and all Shares of Common Stock issued upon conversion thereof, and all shares issued upon exercise of the Warrants that are owned of record or beneficially by the Shareholders or their affiliates as of the date hereof or from time to time while this Agreement is in effect.

Subject Shares. Shall mean 2,086,918 shares of Company Common Stock held by the Stockholder or its affiliates as set forth opposite the Stockholder's name on Schedule I hereto, all of which are Beneficially Owned by the Stockholder.

Subject Shares. Shall mean 1,577,560 shares of Company Common Stock held by the Stockholder or its affiliates as set forth opposite the Stockholder's name on Schedule I hereto, together with any shares acquired by the Stockholder or its affiliates in any capacity after the date hereof and prior to the termination of the Agreement, whether upon exercise of Options or by means of purchase, dividend, distribution or otherwise, all of which are Beneficially Owned... by the Stockholder. Capitalized terms used and not otherwise defined herein have the respective meanings ascribed to them in the Merger Agreement. View More

Subject Shares. Has the meaning specified in the Recitals.