Securities Outstanding Clause Samples
The 'Securities Outstanding' clause defines the total number of a company's securities, such as shares or bonds, that are currently issued and held by investors. This clause typically specifies which types of securities are included in the count, such as common stock, preferred stock, or convertible instruments, and may clarify whether treasury shares or unexercised options are excluded. Its core practical function is to provide a clear and consistent basis for calculations involving ownership percentages, voting rights, or financial metrics, thereby ensuring transparency and preventing disputes over the company's capital structure.
Securities Outstanding. In determining the number or ----------------------- other amount outstanding of any securities of the Company or the percentage of Voting Power of any class or series beneficially owned by such person, securities owned by the Company or any of its Subsidiaries shall be deemed to be not outstanding.
Securities Outstanding. There shall be no shares of Common Stock or other Eldorado securities issued and outstanding as of the Effective Time other than (a) the 3,787,734 shares issued and outstanding as of the date hereof, and (b) any shares issued upon the exercise of Options subsequent to the date hereof, which exercise has been in accordance with the terms of the applicable Option as in effect on the date hereof.
Securities Outstanding. There shall be no shares of Common Stock or other Company securities issued and outstanding as of the Effective Time other than the 1,276,411 shares of Company Common Stock that are issued and outstanding as of the date hereof (plus any shares of Common Stock issued prior to the Effective Time upon exercise of vested Company Options) and 249,810 Company Options issued and outstanding on the date hereof (less any vested Company Options exercised after the date hereof).
Securities Outstanding. In determining the number or other amount outstanding of any securities of the Company, securities owned by the Company or any of its Subsidiaries shall be deemed to be not outstanding.
Securities Outstanding. 41 6.2.5 Third Party Consents..................................... 41 6.2.6 Receipt of Legal Opinion................................. 41 6.2.7 Shareholders and Non-Competition Agreements.............. 41 6.2.8 Receipt of Officers' Certificates........................ 41 6.2.9 Documents and Instruments in Satisfactory Form........... 42 6.2.9 Recommendation to Shareholders........................... 42 6.2.9 Consent of Auditors...................................... 42 6.3 Conditions to the Obligations of the Company..................... 42 6.3.1 Accuracy of Representations and Warranties............... 42 6.3.2
Securities Outstanding. If the Company complies with the provisions of the preceding paragraph, on and after the Failure Purchase Date, all right, title and interest of a Holder to any CVR Payment, if any, shall cease to accrue on the Securities called for. If any Security called for Failure Purchase shall not be so paid upon surrender for Failure Purchase because of the failure of the Company to comply with the preceding paragraph, interest shall be paid on the unpaid Failure Purchase Price from the Failure Purchase Date until such Failure Purchase Price is paid at the Shortfall Interest Rate.
Securities Outstanding. The terms "