Common use of Rights to Purchase New Securities Clause in Contracts

Rights to Purchase New Securities. (a) In the event that the Company proposes to issue New Securities, each member of the Investor Group shall have the right to purchase, in lieu of the person to whom the Company proposed to issue such New Securities, in accordance with paragraph (b) below, a number of New Securities equal to the product of (i) the total number or amount of New Securities which the Company proposes to issue at such time and (ii) a fraction, the numerator of which shall be the total number of shares of Common Stock which such member owns at such time on a Fully Diluted Basis, and the denominator of which shall be the total number of shares of Common Stock then outstanding on a Fully Diluted Basis.

Appears in 4 contracts

Samples: Stockholders’ Agreement (Parking REIT, Inc.), Stockholders’ Agreement (Pathmark Stores Inc), Stockholders’ Agreement (Pathmark Stores Inc)

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Rights to Purchase New Securities. (a) In the event that the Company proposes to issue New Securities, each member of the Investor Yellowstone Group shall have the right to purchase, in lieu of the person to whom the Company proposed to issue such New Securities, in accordance with paragraph (b) below, a number of New Securities equal to the product of (i) the total number or amount of New Securities which the Company proposes to issue at such time and (ii) a fraction, the numerator of which shall be the total number of shares of Common Stock which such member owns at such time on a Fully Diluted Basis, and the denominator of which shall be the total number of shares of Common Stock then outstanding on a Fully Diluted Basis.

Appears in 1 contract

Samples: Stockholders’ Agreement (Pathmark Stores Inc)

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