Preferred Share. For the purposes of this Section 14(b), the current market value of a Preferred Share shall be the closing price of a Preferred Share (as determined pursuant to the second sentence of Section 11(d)(i) hereof) for the Trading Day immediately prior to the date of such exercise.
Preferred Share. ..............1(n).......................4
Preferred Share. The closing price for such days shall be the last reported sale price regular way or, in case no such reported sale takes place on such date, the average of the reported closing bid and asked prices regular way, in either case of the New York Stock Exchange, Inc., or if the Series B-1 Preferred Shares or Common Shares, as the case may be, are not listed or admitted to trading on the New York Stock Exchange, Inc., on the principal national securities exchange on which the Series B-1 Preferred Shares or Common Shares, as the case may be, are listed or admitted to trading or, if not listed or admitted to trading on any national securities exchange, the closing sale price of the Series B-1 Preferred Shares or Common Shares, as the case may be, or in case no reported sale takes place, the average of the closing bid and asked prices, on NASDAQ or any comparable system. If the Series B-1 Preferred Shares or Common Shares, as the case may be, are not quoted on NASDAQ or any comparable system, the Board of Trustees shall in good faith determine the current market price on such basis as it considers appropriate. Prompt payment of the purchase price shall be made in cash by the Company in such manner as may be determined by the Board of Trustees, but in no event later than twenty Business Days after the Board of Trustees elects to make such purchase. From and after the date fixed for purchase by the Board of Trustees, and so long as payment of the purchase price for the Series B-1 Preferred Shares to be so purchased shall have been made or duly provided for, the holder of any Series B-1 Excess Shares so called for purchase shall cease to be entitled to dividends, distributions, voting rights and other benefits with respect to such Series B-1 Preferred Shares, excepting only the right to payment of the purchase price fixed as aforesaid. Any dividend or distribution paid to a proposed transferee of Series B-1 Excess Shares prior to the discovery by the Company that the Series B-1 Preferred Shares have been transferred in violation of this Section 15.6 shall be repaid to the Company upon demand. The Series B-1 Preferred Shares purchased pursuant to the provisions of this Section 15.6(f) shall thereupon be retired and may not be reissued as Series B-1 Preferred Shares but shall thereafter have the status of authorized but unissued Shares.
Preferred Share. In the event the Corporation shall at any time declare or pay any dividend on the Common Stock payable in Common Stock, or effect a subdivision or combination or consolidation of the outstanding shares of Common Stock (by reclassification or otherwise than by payment of a dividend in Common Stock) into a greater or lesser number of shares of Common Stock, then in each such case the amount to which holders of Series A Preferred Shares were entitled immediately prior to such event under clause (ii) of the preceding sentence shall be adjusted by multiplying such amount by a fraction the numerator of which is the number of shares of Common Stock outstanding immediately after such event and the denominator of which is the number of shares of Common Stock that were outstanding immediately prior to such event.
Preferred Share. 4 Section 1.11 Substrate............................................ 4 Section 1.12 Toll Processing...................................... 4 Section 1.13 Raw Materials Supply Agreement....................... 5 Section 1.14 Start-Up Date........................................ 5 Section 1.15 Wheeling-Pittsburgh.................................. 5 Section 1.16 Out-of-Pocket Expenses............................... 5
Preferred Share. If the Company shall fail to discharge any mandatory redemption obligation due to the fact that funds are not legally available, such mandatory redemption obligation shall be discharged as soon as the Company has funds legally available therefor to discharge such obligation.
Preferred Share. The Purchaser shall have received a share certificate evidencing its ownership of the Shares in the amounts set forth in EXHIBIT A hereof, which Shares have been duly authorized and issued by the Company.
Preferred Share. Prior to Closing, BTI shall create and issue one (1) share of preferred stock (the "Preferred Share") granting Shareholder (i) the right to designate certain board members of BTI (as set forth in Section 6.01) and (ii) approval rights for the filing of a voluntary bankruptcy by BTI. At Closing, such Preferred Share shall be delivered to American Escrow Company, Inc. (the "Escrow Agent") to be held pursuant to the terms of the escrow agreement in the form attached hereto as Exhibit E, the terms of which are incorporated herein by reference for all purposes (the "Escrow Agreement").
Preferred Share. Subscriber hereby agrees to purchase from the Company, a number of Units at a price equal to Purchase Price and for the aggregate subscription amount set forth on the signature page hereto. The minimum investment is $10,000.00 per subscriber. The Subscriber understands that this subscription is not binding upon the Company until the Company and Xxxxxx Xxxxxxx & Company, Inc. (the “Selling Agent”) accept it. The Subscriber acknowledges and understands that acceptance of this subscription will be made only by a duly authorized representative of the Company executing and mailing or otherwise delivering to the Subscriber, at the Subscriber’s address set forth herein, a counterpart copy of the signature page to this Subscription Agreement indicating the Company’s acceptance of this Subscription. The Company and the Selling Agent reserve the right, in their sole discretion for any reason whatsoever to accept or reject this subscription in whole or in part. Following the acceptance of this Subscription Agreement by the Company and the receipt and acceptance by the Company of subscriptions in an amount equal to the Minimum Offering (as defined below), the Company shall instruct its transfer agent to issue and deliver to Subscriber certificates evidencing the appropriate number of Securities subscribed for against payment in U.S. Dollars of the Purchase Price. If this subscription is rejected, the Company and Subscriber shall thereafter have no further rights or obligations to each other under or in connection with this Subscription Agreement. If this subscription is not accepted
