Reclassifications. The reclassification of Common Stock into securities (other than Common Stock) and/or cash and/or other consideration shall be deemed to involve a subdivision or combination, as the case may be, of the number of shares of Common Stock outstanding immediately prior to such reclassification into the number or amount of securities and/or cash and/or other consideration outstanding immediately thereafter and the effective date of such reclassification shall be deemed to be “the day upon which such subdivision becomes effective,” or “the day upon which such combination becomes effective,” as the case may be, within the meaning of clause (2) above.
Appears in 13 contracts
Samples: Loan Agreement (Ocean Thermal Energy Corp), Loan Agreement (Ocean Thermal Energy Corp), Loan Agreement (Ocean Thermal Energy Corp)
Reclassifications. The reclassification of Common Stock into securities (other than Common Stock) and/or cash and/or other consideration shall be deemed to involve a subdivision or combination, as the case may be, of the number of shares of Common Stock outstanding immediately prior to such reclassification into the number or amount of securities and/or cash and/or other consideration outstanding immediately thereafter and the effective date of such reclassification shall be deemed to be “"the day upon which such subdivision becomes effective,” " or “"the day upon which such combination becomes effective,” " as the case may be, within the meaning of clause (2) above.
Appears in 4 contracts
Samples: Bridge Loan Agreement (Ocean Thermal Energy Corp), Merger Agreement (Drovers Bancshares Corp), Warrant Agreement (Fulton Financial Corp)
Reclassifications. The reclassification of Common Stock into securities (other than Common Stock) and/or cash and/or other consideration shall be deemed to involve a subdivision or combination, as the case may be, of the number of shares of Common Stock outstanding immediately prior to such reclassification into the number or amount of securities and/or cash and/or other consideration outstanding immediately thereafter and the effective date of such reclassification shall be deemed to be “the day upon which such subdivision becomes effective,” or “the day upon which such combination becomes effective,” as the case may be, within the meaning of clause (2) above.. Warrant 2
Appears in 3 contracts
Samples: Loan Agreement (Ocean Thermal Energy Corp), Loan Agreement (Ocean Thermal Energy Corp), Loan Agreement (Ocean Thermal Energy Corp)
Reclassifications. The reclassification of Common Stock into securities (other than Common Stock) and/or cash and/or other consideration shall be deemed to involve a subdivision or combination, as the case may be, of the number of shares of Common Stock outstanding immediately prior to such reclassification into the number or amount of securities and/or cash and/or other consideration outstanding immediately thereafter and the effective date of such reclassification shall be deemed to be “the day upon which such subdivision becomes effective,” or “the day upon which such combination becomes effective,” as the case may be, within the meaning of clause (2ii) above.
Appears in 2 contracts
Samples: Secured Convertible Promissory Note (Bond) Addendum (Ocean Thermal Energy Corp), Secured Convertible Promissory Note (Bond) (Ocean Thermal Energy Corp)
