Capital Events. If any reorganization or reclassification of the capital stock of the Company, or any consolidation or merger of the Company with another corporation, or the sale of all or substantially all of its assets to another corporation (in any instance, a "Capital Event") shall be effected in such a way that holders of Common Stock shall be entitled to receive stock, securities or assets (including cash) with respect to or in exchange for their Common Stock, then, as a condition of such Capital Event, lawful and adequate provisions shall be made whereby the Holder hereof shall thereafter have the right to purchase and receive upon the basis and upon the terms and conditions specified in this Warrant and in lieu of the shares of the Common Stock of the Company immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby, an amount of such shares of stock, securities or assets (including cash) as may have been issued or payable with respect to or in exchange for a number of outstanding shares of such Common Stock equal to the number of shares of such stock immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby had such Capital Event not taken place.
Capital Events. That portion of Distributions attributable to a Capital Event and allocations of Net Income and Net Loss from a Capital Event which is allocated to the Shareholders shall be apportioned among the Persons who were Shareholders of record on the last day of the month during which the Trust received the proceeds of such Capital Event in accordance with their Percentage Interests based upon the number of Shares owned by each such Shareholder on the last day of such month without regard to Capital Accounts or the number of days during such month in which a Person was a Shareholder.
Capital Events. Net Proceeds from a Capital Event shall be distributed as soon as practicable following the Capital Event (i) first, to the Limited Partners pro rata in proportion to their Percentage Interests until the amount of such distribution equals the unreturned balance of the initial Capital Contribution of such Limited Partners less any amounts previously distributed to the Limited Partners under this Section 3.4.2; and (ii) second, to the extent Net Proceeds from a Capital Event remain available for distribution, to the Partners pro rata in proportion to their Percentage Interests.
Capital Events. 14 4.1 Payments Upon Receipt of Capital Proceeds . . . . .
Capital Events. If there is any other change in the Common Stock of the Company, including recapitalization, reorganization, sale or exchange of assets, exchange of shares, offering of subscription rights, or a merger or consolidation in which the Company is the surviving corporation, an adjustment, if any, shall be made in the shares then subject to this Warrant as the Board of Directors may deem equitable. Failure of the Board of Directors to provide for an adjustment pursuant to this subparagraph prior to the effective date of any Company action referred to herein shall be conclusive evidence that no adjustment is required in consequence of such action.
Capital Events. (a) No later than September 10, 2016 (the “First Capital Event Deadline”), the Issuer shall actually receive, after the Third Supplemental Indenture Effective Date, Net Cash Proceeds from (x) the issuance or sale (other than to a Subsidiary or any controlled Affiliate of the Issuer) of its Capital Stock (other than Disqualified Stock) or (y) any other contribution (other than a contribution from a Subsidiary or any controlled Affiliate of the Issuer) to the equity of the Issuer (other than from an issuance or sale of Disqualified Stock) in an aggregate amount of not less than $25.0 million (the “First Capital Event”). The Net Cash Proceeds actually received by the Issuer from the First Capital Event shall be referred to as the “First Capital Event Proceeds”.
(b) No later than November 30, 2016 (the “Second Capital Event Deadline”), the Issuer shall actually receive, in addition to the First Capital Event Proceeds and after the Third Supplemental Indenture Effective Date, (i) Net Cash Proceeds from (x) the issuance or sale (other than to a Subsidiary or any controlled Affiliate of the Issuer) of its Capital Stock (other than Disqualified Stock) or (y) any other contribution (other than a contribution from a Subsidiary or any controlled Affiliate of the Issuer) to the equity of the Issuer (other than from an issuance or sale of Disqualified Stock) and/or (ii) Net Available Cash from an Asset Disposition (other than an Asset Disposition to any Subsidiary or any controlled Affiliate of the Issuer) in an aggregate amount of not less than $25.0 million (or a lower amount such that when combined with the First Capital Event Proceeds, the total amount is not less than $50.0 million); provided that the Net Cash Proceeds from any such issuance, sale or contribution, and the Net Available Cash from any such Asset Disposition, shall only count towards such dollar threshold if such issuance, sale, contribution or Asset Disposition is a Deleveraging Transaction at the time the Net Cash Proceeds or the Net Available Cash, as applicable, are actually received by the Issuer (the “Second Capital Event”). The Net Cash Proceeds and/or Net Available Cash actually received by the Issuer from the Second Capital Event shall be referred to as the “Second Capital Event Proceeds”.
(c) No later than March 31, 2017 (the “Third Capital Event Deadline,” and together with the First Capital Event Deadline and the Second Capital Event Deadline, each, a “Capital Event Deadline”), the Issuer...
Capital Events. That portion of Distributions attributable to a Capital Event and allocations of Net Income and Net Loss from
Capital Events. 6.1 The number of Covered Unvested Shares and the Company’s purchase price for the Covered Unvested Shares pursuant to the Repurchase Right shall be subject to such equitable adjustment or change, as determined by the Board, to reflect such events as stock dividends, stock splits, recapitalizations, mergers, consolidations or reorganizations of or by the Company.
6.2 In the event of any stock dividend, stock split, recapitalization, or other change affecting the Common Stock as a class that is effected without receipt of consideration, any new, substituted, or additional securities or other property that is by reason of such event distributed with respect to the Covered Unvested Shares (other than any such shares that have been released from the Company’s Repurchase Right pursuant to Section 3.4 hereof), Shares shall be immediately delivered to the Company and shall be covered by the Repurchase Right, as adjusted or changed pursuant to Section 6.1 hereof.
Capital Events. The Borrower shall use its best efforts to consummate the Type A Capital Event on or before October 31,
Capital Events. Any such Available Amounts which are attributable to Capital Events (as reasonably determined by the Board) shall be distributed among the Members in the following order and priority:
(a) First, to the holders of Priority Units (pro rata to each based on the number of such Priority Units held by each such holder) until the aggregate amounts distributed pursuant to this Section 5.4.2(a) is equal to $5.00 per Priority Unit;
(b) Then, any such remaining amounts shall be distributed among the Members in accordance with their relative holdings of Units.
