DEFINITION OF NEW SECURITY Sample Clauses

DEFINITION OF NEW SECURITY. Except as set forth below, "New Securities" shall mean any securities of the Company which are part of the same class or series as the shares, whether now authorized or not, and rights, options or warrants to purchase such securities. Notwithstanding the foregoing, "New Securities" does not include (i) the Exchange Shares, (ii) securities offered to the public generally pursuant to a registration statement under the Securities Act in which the Company is likely to receive as net proceeds at least Five Million and No/100 Dollars ($5,000,000.00), (iii) securities issued in the acquisition of another corporation by the Company by merger, purchase of substantially all of the assets or other reorganization whereby the Company or its shareholders own not less than fifty-one percent (51%) of the voting power of the surviving or successor corporation, (iv) shares of the Company's Common Stock or related options exercisable for such Common Stock issued to employees, officers and directors of, and consultants, customers, and vendors to, the Company, pursuant to any arrangement approved by the Board of Directors of the Company, and (v) stock issued pursuant to any rights or agreements, including without limitation, convertible securities, options, warrants and rights.
Sample 1
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Related to DEFINITION OF NEW SECURITY

  • Incorporation of Certain Definitions by Reference Each capitalized term used herein and not otherwise defined herein shall have the meaning provided therefor (including by incorporation by reference) in the Related Documents.

  • Addition of Definitions With respect to the Senior Notes only, Section 1.01 of the Base Indenture is amended to include the following definitions (which shall be deemed to arise in Section 1.01 in their proper alphabetical order):

  • Relation to Indenture Definitions SECTION 1.01 This Supplemental Indenture constitutes an integral part of the Indenture.

  • Definition of Default The BUYER shall be deemed to be in default under this CONTRACT in the following cases:

  • Other Definitions Defined in Term Section

  • Definition of Company Solely for purposes of this Article 6, the term "Company" also shall include any existing or future subsidiaries of the Company that are operating during the time periods described herein and any other entities that directly or indirectly, through one or more intermediaries, control, are controlled by or are under common control with the Company during the periods described herein.

  • Other Defined Terms As used in this Agreement, the following terms have the meanings specified below:

  • Indenture; Defined Terms This Note is one of the 3.225% Senior Notes due 2022 (the “Notes”) issued under the Senior Indenture dated as of June 5, 2009 (as amended, modified or supplemented from time to time in accordance therewith, the “Base Indenture” and, as amended, modified and supplemented by the Third Supplemental Indenture dated as of August 27, 2012, the “Indenture”) by and between the Issuer and the Trustee, as trustee. This Note is a “Global Security” and the Notes are “Global Securities” under the Indenture. For purposes of this Note, unless otherwise defined herein, capitalized terms herein are used as defined in the Indenture. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S.C. Sections 77aaa-77bbbb) (the “TIA”) as in effect on the date on which the Indenture was qualified under the TIA. Notwithstanding anything to the contrary herein, the Notes are subject to all such terms, and holders of Notes are referred to the Indenture and the TIA for a statement of them. To the extent the terms of the Indenture and this Note are inconsistent, the terms of the Indenture shall govern.

  • Definition of Certain Terms Used Herein As used herein, the following terms shall have the following meanings:

  • Definition of Change of Control For purposes of this Agreement, a “Change of Control” will mean the first to occur of:

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