Class of Shares. The class and series of the Company's capital stock for which this Warrant shall be exercisable (the "Class") shall be Qualified Financing Securities; provided, that if, prior to the consummation of the Qualified Financing, there shall be an Acquisition or IPO, or the Company shall consummate an Equity Financing that is not a Qualified Financing, or the Company shall not have consummated the initial closing of a Qualified Financing on or before June 30, 2009, then "Class" shall be Series A Stock (i) as of immediately prior to the effectiveness of the registration statement filed in connection with such IPO or the closing of such Acquisition, or (ii) as of immediately following the closing of such Equity Financing, or (iii) from and after July 1, 2009, as the case may be.
Class of Shares. The class and series of the Company’s capital stock for which this Warrant shall be exercisable (the “Class”) shall be Qualified Financing Securities; provided, that if, prior to the consummation of the Qualified Financing, there shall be an Acquisition, IPO or any event described in Article 3.2 below, then “Class” shall be Series C Stock as of immediately prior to the effectiveness of the registration statement filed in connection with the IPO, the closing of the Acquisition or the effective date of such Article 3.2 event (and the record date thereof if the Company shall establish a record date for determining shareholders entitled to participate in such event), as the case may be; and in all cases subject to adjustment from time to time in accordance with the provisions of this Warrant.
Class of Shares. The class and series of the Company’s capital stock for which this Warrant shall be exercisable (the “Class”) shall be Qualified Financing Securities; provided, that if the Qualified Financing shall not have been consummated, for any reason or no reason, on or before April 30, 2010, then the “Class” shall be Series A Stock from and after such date; provided, further, that if, prior to both April 30, 2010 and the consummation of the Qualified Financing, there shall be an Acquisition or IPO, then “Class” shall be Series A Stock as of immediately prior to (i) the effectiveness of the registration statement filed in connection with the IPO, or (ii) the closing of the Acquisition, as the case may be.
Class of Shares. When issued and delivered pursuant to this Agreement, the Shares will not be of the same class (within the meaning of Rule 144A(d)(3) under the Securities Act) as securities of the Company that are listed on a national securities exchange registered under Section 6 of the Exchange Act or that are quoted in a U.S. automated inter-dealer quotation system.
Class of Shares. The class and series of the Company’s capital stock (the “Class”) for which this Warrant shall be exercisable shall initially be Common Stock; provided, that if a Qualified Financing shall occur prior to the consummation of the IPO and (a) the Qualified Financing Price is less than or equal to the then-effective Warrant Price, then the “Class” shall be Qualified Financing Securities from and after the consummation of such Qualified Financing, or (b) the Qualified Financing Price is greater than the then-effective Warrant Price, then the “Class” shall be Series C Stock from and after the consummation of such Qualified Financing.
Class of Shares. The class and series of the Company’s capital stock for which this Warrant shall be exercisable (the “Class”) shall be Qualified Financing Securities; provided, that if, upon consummation of the Qualified Financing, the Qualified Financing Price shall be greater than the then-effective Series C Price, then the “Class”: shall be Series C Stock from and after the consummation of such Qualified Financing; provided, further, that if, prior to the consummation of the Qualified Financing, there shall be an Acquisition or IPO, then “Class” shall be Series C Stock as of immediately prior to (i) the effectiveness of the registration statement filed in connection with the IPO, or (ii) the closing of the Acquisition, as the case may be. Notwithstanding the foregoing definition of Class, if Pay to Play Provisions are at any time applied to the outstanding shares of the Class, then from and after such application, “Class” shall mean that security that a holder of outstanding shares of the Class prior to such application would have received had such holder participated in the manner necessary to receive or retain the security having the rights more favorable to the holder. As used herein, “Pay to Play Provisions” means (a) provisions that require the holder of a security to participate in a subsequent round of equity financing or lose all or a portion of the benefit of antidilution protection applicable to a security or have such security automatically convert to common stock or another series of capital stock, or (b) an exchange transaction having the same or similar economic effect.
Class of Shares. The Class of Shares heretofore established shall be designated Investor Class, Class I and Class Y. The Classes of Shares shall have such additional characteristics and limitations not inconsistent with or contrary to the provisions of this Section 4.2 and may be offered by such Series as may be determined from time to time by the Trustees.
Class of Shares. The class and series of the Company’s capital stock for which this Warrant shall be exercisable (the “Class”) shall be Qualified Financing Securities; provided, that if the Qualified Financing is not consummated, for any reason or no reason, on or before September 30, 2012, or if, prior to the consummation of the Qualified Financing, there shall be an Acquisition, IPO or any event described in Article 3.2 below, then “Class” shall be Series D Stock from and after such date or as of immediately prior to the effectiveness of the registration statement filed in connection with the IPO, the closing of the Acquisition or the effective date of such Article 3.2 event (and the record date thereof if the Company shall establish a record date for determining shareholders entitled to participate in such event), as the case may be; and in all cases subject to adjustment from time to time in accordance with the provisions of this Warrant.
Class of Shares. Cumulative Paid-In-Kind Convertible Preferred Shares, par value $0.01 per share (“Preferred Shares”).
Class of Shares. Unless otherwise determined by the Company in general meeting, there shall be one class of Shares which shall be ordinary shares, each carrying one voting right. The relative rights, privileges, preferences and obligations with respect to each Share shall be determined under the Articles and the Act.
