Aggregate Share Cap definition

Aggregate Share Cap means 11,740,185 shares of Common Stock (subject to proportionate adjustment for stock dividends, stock splits or stock combinations with respect to the Common Stock).

Aggregate Share Cap means initially 96.5 shares of Common Stock per $1,000 principal amount of Securities, subject to proportional adjustment in the same manner as the Conversion Rate upon the occurrence of any of the events described in clauses (1) through (4) under Section 4.06(a).

Aggregate Share Cap means 4,387,379.229 Common Shares, which, together with the 2,700,000 Common Shares issued in the Equity Issuance, represents approximately 19.9% of the outstanding Common Shares as of immediately prior to the date of this Indenture.

Examples of Aggregate Share Cap in a sentence

• Promptly after delivery of such certificate, the Company shall prepare a notice of such adjustment of the Aggregate Share Cap setting forth the adjusted Aggregate Share Cap and the date on which each adjustment becomes effective and shall send such notice of such adjustment of the Aggregate Share Cap to each Holder at its last address appearing on the Note Register of this Indenture.

• Unless and until a Responsible Officer of the Trustee shall have received such Officer’s Certificate, the Trustee shall not be deemed to have knowledge of any adjustment of the Aggregate Share Cap and may assume without inquiry that the last Aggregate Share Cap of which it has knowledge is still in effect.

• As used in this Agreement, the term “Maximum Aggregate Number of Underlying Securities” means (i) before the Company has satisfied the Share Reservation Condition, a number of shares of Common Stock equal to the Aggregate Share Cap and, (ii) if the Company has satisfied the Share Reservation Condition, a number of shares of Common Stock equal to the sum of the Maximum Number of Underlying Securities plus the Maximum Number of Affiliate Underlying Securities.

• Before the Company satisfies the Share Reservation Condition, a number of shares of Common Stock equal to the Aggregate Share Cap have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

• Subject to the Aggregate Share Cap (as defined in the Exchange Notes Indenture), no stockholder approval is required under the rules of the NYSE American LLC (“NYSE American”) in connection with the issuance of the Exchange Notes.

More Definitions of Aggregate Share Cap

Aggregate Share Cap means 80 shares of Common Stock per $1,000 principal amount of Debentures, subject to adjustment upon the occurrence of any of the events described in clauses (1) through (4) under Section 15.06(a).

Aggregate Share Cap means 14,150,382 shares of Common Stock (subject to proportionate adjustment for stock dividends, stock splits or stock combinations with respect to the Common Stock).

Aggregate Share Cap means 184,760,252 shares of Common Stock (subject to proportionate adjustment for share dividends, share splits or share combinations with respect to the Common Stock).

Aggregate Share Cap means: (1) at all times when the NYSE MKT Stockholder Approval has not been obtained, 7,491,100 shares of Common Stock, which, together with the number of shares issued pursuant to the Exchange Agreement, less the maximum number of shares of Common Stock issuable upon coversion of the Existing Convertible Notes to be exchanged pursuant to the Exchange Agreement, represents approximately 19.9% of the outstanding Common Stock as of immediately prior to the Issue Date; and (2) at all times from and after the NYSE MKT Stockholder Approval has been obtained, 127,230,613 shares of Common Stock; provided, however, that the Aggregate Share Cap will be subject to proportionate adjustment for stock dividends, stock splits or stock combinations with respect to the Common Stock.

Aggregate Share Cap shall have the meaning specified in Section 14.02(a)(iv).

Aggregate Share Cap has the meaning set forth in Section 19(A).

Aggregate Share Cap means 19.99% of the shares of Common Stock outstanding on the Issue Date (subject to appropriate adjustment in the event of a stock split, stock dividend, combination or other similar recapitalization).