Additional Common Units means all Common Units issued (or, pursuant to Section 9.2(c), deemed to be issued) by the Company after the Series C Original Issue Date, other than (1) the following Common Units and (2) Common Units deemed issued pursuant to the following Convertible Securities (clauses (1) and (2), collectively, “Exempted Securities”):
A. Class A Common Units or Convertible Securities issued as a dividend or distribution on Preferred Units;
B. Common Units issued by reason of a dividend, Unit split, split up or other distribution that is covered by Section 9.1(g), Section 9.1(h), Section 9.3, Section 9.4, Section 9.5 or Section 9.6;
C. Class B Common Units issued in accordance with the terms of this Agreement and with a Threshold Amount that is approved by the Board, including at least a Preferred Director Majority;
D. Units or Convertible Securities actually issued upon the exercise, conversion or exchange of Convertible Securities, in each case provided that (1) such issuance is pursuant to the terms of such Convertible Security and (2) such exercised, converted or exchanged Convertible Securities (or, if applicable, the Convertible Securities underlying such exercised, converted or exchanged Convertible Securities) as were outstanding as of the Effective Date;
E. Common Units or Convertible Securities issued to banks, equipment lessors or other financial institutions, or to real property lessors, pursuant to a debt financing, equipment leasing or real property leasing transaction approved by the Board, including at least a Preferred Director Majority in respect of any such approval given after the Series C Original Issue Date;
F. Common Units or Convertible Securities issued to suppliers or third party service providers in connection with the provision of goods or services pursuant to transactions approved by the Board, including at least a Preferred Director Majority in respect of any such approval given after the Series C Original Issue Date;
G. Common Units or Convertible Securities issued pursuant to the acquisition of another entity by the Company by merger, purchase of substantially all of the assets or other reorganization or to a joint venture agreement, provided that such issuances are approved by the Board, including at least a Preferred Director Majority in respect of any such approval given after the Series C Original Issue Date;
H. Common Units or Convertible Securities issued in connection with sponsored research, collaboration, technology license, dev...
Additional Common Units has the meaning specified in Section 9.2(a)(iii).
Additional Common Units means all Common Units issued (or deemed to be issued) by the Company after the date hereof, other than (1) Common Units or Convertible Securities issued to Managers, Officers or other Service Providers pursuant to any Incentive Plan, (2) the following Common Units and (3) Common Units deemed issued pursuant to the following Convertible Securities:
Examples of Additional Common Units in a sentence
An amendment to the Registration Statement, or a supplement to the Prospectus, as the case may be, relating to the Purchased Common Units [and the Additional Common Units], in the form heretofore delivered to BMOCM is now proposed to be filed with the Securities and Exchange Commission.
In the event that after the Original Issue Date the Company shall issue Additional Common Units for a consideration per Unit (determined pursuant to Section 8(f)) less than the Conversion Price in effect immediately prior to such issue, then and in such event, the Conversion Price shall be reduced, concurrently with such issue, to a price equal to the consideration per Unit (determined pursuant to Section 8(f)) received by the Company for the issue of such Additional Common Units.
Prior to the Closing Date, BreitBurn will submit to The Nasdaq Global Market a Notification Form: Listing of Additional Common Units with respect to the Purchased Units.
The number of Additional Common Units set forth in the table in clause (d) below shall be adjusted at the same time and in the same manner as the Conversion Rate is adjusted pursuant to Section 12.05.
Any and all other changes to product labels or package leaflets will continue to require a formal notification to the HPRA.
More Definitions of Additional Common Units
Additional Common Units shall have the meaning set forth in Section 4.03(d)(i).
Additional Common Units means all Common Units issued (or, pursuant to Section 8(e), Section 8(h) or Section 8(i), deemed to be issued) by the Company after the Original Issue Date, other than
(i) Common Units issued (A) pursuant to any bona fide acquisition of assets or operating business by the Company or any bona fide merger or business combination involving the acquisition by the Company of assets or operating business which has been approved by its Board of Directors; provided that any such transaction is at arms-length terms, (B) in connection with any pro rata distribution or split of Common Units in respect of which adjustment has been made pursuant to Section 8(g), (C) to financial institutions or commercial lenders in connection with commercial credit arrangements, equipment financings or similar transactions, or (D) for commercial reasons and not capital-raising reasons, to potential or existing trade partners or service providers providing trade enabling services; provided that the aggregate Fair Market Value, in each case as determined at the time of issuance, of all Common Units issued pursuant to clauses (C) and (D) hereof may not exceed $15 million;
(ii) up to30,000 Common Units (including any such Common Units which are repurchased) issued pursuant to the Company’s equity incentive plans; and
(iii) Common Units issued in connection with any event for which adjustment is made pursuant to Section 8(h) hereof.
Additional Common Units means all Common Units of the Company issued or to be issued by the Company after the Initial Issuance Date, except Common Units which have been or may be issued upon conversion of the Series B Units, the Series C Units and the other convertible securities, convertible instruments, warrants, options and rights outstanding on the Initial Issuance Date referred to in subsection (c) of this Section 10.
Additional Common Units means all Common Units issued (or, pursuant to Subsections 3.6.5(b) or 3.7.5(b) below, deemed to be issued) by the Company after the Series B Original Issue Date, other than the following Common Units and Common Units deemed issued pursuant to the following Options and Convertible Securities (collectively, “Excluded Securities”):
Additional Common Units means all Common Units issued by the Company or deemed to be issued pursuant to this Section B8 (including Common Units subsequently reacquired or retired by the Company), other than:
Additional Common Units means all Common Units issued by the Company or deemed to be issued pursuant to this subsection (e), other than: (A) Series C Preferred Units issued upon the exercise or conversion of Series C Warrants; (B) Common Units issued upon the conversion of Series A Preferred Units or Series C Preferred Units; and (C) Series A Preferred Units issued upon the conversion or exercise of Series A Warrants as in effect on the Effective Date. The “Effective Price” of Additional Common Units shall mean the quotient determined by dividing the total number of Additional Common Units issued or sold, or deemed to have been issued or sold by the Company under this subsection (e), into the aggregate consideration received, or deemed to have been received by the Company for such issue under this subsection (e), for such Additional Common Units.
Additional Common Units has the meaning specified in the recitals hereof.