Alternative Form Consideration definition

Alternative Form Consideration shall have the meaning set forth in Section 2.04 hereof.

Alternative Form Consideration has the meaning set forth in Section 9(a).

Alternative Form Consideration means cash, securities or other property or assets (including any combination thereof).

Examples of Alternative Form Consideration in a sentence

• Notwithstanding the foregoing, if a Change of Control occurs prior to March 31, 2022 and the Corporation is not able to deliver Alternative Form Consideration, the Corporation may in lieu thereof deliver to holders converting Series A Preferred Shares upon such Change of Control cash in an amount equal to the fair value (as determined by the Corporation in good faith) of the Alternative Form Consideration that was otherwise deliverable.

• For the avoidance of doubt, a Holder shall have no entitlement to convert its Series A Preferred Stock into Common Shares or other securities of the Corporation (or of any successor corporation or any other Person) from and after such Fundamental Change, but shall only have the right to receive (upon conversion) the Alternative Form Consideration.

• The aggregate number of shares of our common stock (or equivalent Alternative Form Consideration (as defined in the preliminary prospectus), as applicable) issuable in connection with the exercise of the Change of Control/Delisting Conversion Right and in respect of the Series A Preferred Stock will not exceed 31,830,239 shares of common stock (or equivalent Alternative Form Consideration, as applicable) (the “Exchange Cap”).

• Other than with respect to such Alternative Form Consideration received on account of accrued but unpaid dividends which generally will be taxable as described under “Distributions” above, if a U.S. Holder receives the Alternative Form Consideration upon conversion of shares of our Series A Preferred Stock, the U.S. federal income tax treatment of the conversion is uncertain.

• The Common Share Conversion Consideration or the Alternative Conversion Consideration, as may be applicable to a Change of Ownership or Control, shall be referred to herein as the “Conversion Consideration.” No Conversion Consideration will be paid to the holder of Series E Preferred Shares if the Change of Ownership or Control is effected in such a manner that the holders of Common Shares do not receive any Change of Ownership or Control Alternative Form Consideration.

More Definitions of Alternative Form Consideration

Alternative Form Consideration has the meaning assigned to it in Section 6(e) hereof.

Alternative Form Consideration shall have the meaning set forth in Section 10(a).

Alternative Form Consideration has the meaning assigned to such term in Section 16.4(c).

Alternative Form Consideration shall have the meaning set forth in the Articles Supplementary for the Class A Preferred Stock.

Alternative Form Consideration has the meaning assigned to it in Section 6(e) hereof. “Atlas Energy” has the meaning assigned to it in Section 6(b) hereof.

Alternative Form Consideration shall have the meaning provided in Section 9(d).

Alternative Form Consideration shall have the meaning as provided in subparagraph (c) of Section 8. “Articles Supplementary” shall have the meaning as provided in Article FIRST. “Beneficially Own” or “Beneficial Ownership” shall have the meaning as provided in the Charter. “Board of Directors” shall have the meaning as provided in the Charter. “Business Day” shall have the meaning as provided in the Charter. “Capital Gains Amount” shall have the meaning as provided in subparagraph (e) of Section 4. “CFIUS” shall mean the Committee on Foreign Investment in the United States. “Charitable Trust” shall have the meaning as provided in the Charter. “Charter” shall have the meaning as provided in Article FIRST. “Code” shall have the meaning as provided in the Charter. “Common Share Conversion Consideration” shall have the meaning as provided in subparagraph (b) of Section 8. “Common Share Ownership Limit” shall have the meaning as provided in the Charter. “Common Share Price” shall mean (i) in the event that the Common Shares first become listed on a National Securities Exchange concurrently with an Underwritten Offering, the public offering price per Common Share (before any underwriting discounts and commissions) at which the Corporation agrees to sell the Common Shares in connection with such Underwritten Offering or (ii) in the event that the Common Shares become listed on a National Securities Exchange and the Corporation does not effect a concurrent Underwritten Offering, the VWAP of the Common Shares for the 10 Trading Days immediately following the initial listing date of the Common Shares on a National Securities Exchange.