Applicable Portion means, with respect to any holder of shares of Preferred Stock, a number of shares of Preferred Stock calculated by multiplying the aggregate number of shares of Preferred Stock held by such holder immediately prior to a Qualified Financing by a fraction, the numerator of which is equal to the amount, if positive, by which such holder’s Pro Rata Amount exceeds the number of Offered Securities actually purchased by such holder in such Qualified Financing, and the denominator of which is equal to such holder’s Pro Rata Amount.
Applicable Portion means that percentage of a holder of Existing Preferred Stock’s Pro Rata Portion not committed to be purchased by such holder in the Qualified Financing.
Applicable Portion means, with respect to RemainCo, the Applicable RemainCo Portion, and with respect to SpinCo, the Applicable SpinCo Portion.
Examples of Applicable Portion in a sentence
Signature: Corporate Secretary Date RECIPROCAL LIMITATIONS ACT REQUIREMENTS Please Complete Applicable Portion of Pages 3 & 4 and Return with Bid.
Each Pass Through Trustee shall file any tax returns required to be filed by the related Pass Through Trust and the Company shall pay the Applicable Portion of any expenses relating thereto.
The Company shall be responsible for the Applicable Portion of any interest or penalties related to any Pass Through Trustee’s failure to file any such tax returns required to be filed by the relevant Pass Through Trust, except to the extent that such failure is attributable to the gross negligence or willful misconduct of such Pass Through Trustee.
A number of Share Termination Delivery Units, as calculated by the Calculation Agent, equal to the Payment Obligation (or the Applicable Portion, as the case may be) divided by the Share Termination Unit Price.
Each Pass Through Trustee shall file any Tax returns required to be filed by the related Pass Through Trust and the Company shall pay the Applicable Portion of any expenses relating thereto.
More Definitions of Applicable Portion
Applicable Portion means, with respect to any holder of shares of Preferred Stock who fails to purchase his, her or its Pro Rata Amount in a Qualified Financing, a number of shares of Preferred Stock calculated by multiplying the aggregate number of shares of Preferred Stock held by such holder immediately prior to a Qualified Financing by a fraction, the numerator of which is equal to the amount by which such holder’s Pro Rata Amount exceeds the number of Offered Securities actually purchased by such holder in such Qualified Financing, and the denominator of which is equal to such holder’s Pro Rata Amount.
Applicable Portion means a fraction, the numerator of which is the number of Units purchased by such Purchaser hereunder and the denominator of which is the total number of Units purchased by all of the Purchasers hereunder.
Applicable Portion means, with respect to any Borrower for any period, the amount equal to (A) (i) the Applicable Unused Amount of such Borrower during such period divided by (ii) the sum of the Applicable Unused Amounts of all Borrowers during such period times (B) the per annum rate set forth as the “Commitment Fee Rate” on the Pricing Schedule (determined daily in accordance with the Pricing Schedule) times the daily aggregate unused amount of the Commitments for such period (provided that Competitive Bid Loans and Swingline Loans shall not be deemed usage of the Commitments for the purpose of calculating commitment fees of any Lender that is not the Lender of such Competitive Bid Loans or Swingline Loans). The aggregate of the Applicable Portion of all Borrowers for any period shall equal the per annum rate set forth as the “Commitment Fee Rate” on the Pricing Schedule (determined daily in accordance with the Pricing Schedule) times the daily aggregate unused amount of the Commitments for such period; provided that Competitive Bid Loans and Swingline Loans shall not be deemed usage of the Commitments for the purpose of calculating commitment fees of any Lender that is not the Lender of such Competitive Bid Loans or Swingline Loans.
Applicable Portion means that percentage of such holder’s Pro Rata Portion not purchased by such holder in the Series A-1 Offering. Each holder of Existing C Preferred that participates in the Series A-1 Offering shall, subject to the “Super Pro Rata Participation” provisions set forth below, (a) exchange each remaining share of Existing C Preferred of such holder (after giving effect to the forced conversion provisions of the immediately preceding paragraph) for one share of Series A-2 Convertible Preferred Stock, par value $.01 per share (the “Series A-2 Stock”), and (b) forfeit any and all accrued dividends on such holder’s Existing C Preferred. Each holder of Existing B Preferred that participates in the Series A-1 Offering shall, subject to the “Super Pro Rata Participation” provisions set forth below, (a) exchange each remaining share of Existing B Preferred of such holder (after giving effect to the forced conversion provisions of the immediately preceding paragraph) for one share of Series A-3 Convertible Preferred Stock, par value $.01 per share (the “Series A-3 Stock”), and (b) forfeit any and all accrued dividends on such holder’s Existing B Preferred. Each holder of Existing A Preferred that participates in the Series A-1 Offering shall exchange each remaining share of Existing A Preferred of such holder (after giving effect to the forced conversion provisions of the immediately preceding paragraph) for one share of Series A-4 Convertible Preferred Stock, par value $.01 per share (the “Series A-4 Stock”).
Applicable Portion means, in respect of any category of Purchased Assets subject to transfer or license pursuant to this Plan of Arrangement or Section 2.9 of the Arrangement Agreement, as applicable, the portion of the Adenyo Cash Consideration, the Share Consideration, the Adenyo US Cash Consideration, the Additional Initial Consideration, the Escrow Amount and the Earn-Out Amount, as the case may be, allocated to such category of Purchased Assets in accordance with Section 2.22 of the Arrangement Agreement;
Applicable Portion the meaning specified in Section 5.2(a).
Applicable Portion means a number of shares determined by multiplying (x) the total number of shares of Series A-3 Preferred held by such Underparticipating Holder and purchased prior to the Special Mandatory Conversion Time by (y) the difference between (i) one (1) minus (ii) a fraction, the numerator of which is the number of shares of Series A-3 Preferred actually purchased by such Underparticipating Holder at the Mandatory Closing or Qualified IPO Closing, as applicable, and the denominator of which shall be the Mandatory Closing Amount or Mandatory IPO Purchase Amount, as applicable, for such Underparticipating Holder, rounded up to the nearest whole share.