Class C Warrant Shares definition

Class C Warrant Shares means the shares of Common Stock issuable upon exercise of the Class C Warrants.

Class C Warrant Shares is defined in Section 2.01.

Class C Warrant Shares. Each Class C Warrant entitles the holder upon exercise to purchase from the Company at any time after the Exercisability Date until 5:00 p.m., New York City time, on the Expiration Date, one (1) share of the Common Stock, subject to adjustment as set forth herein and in the Class C Warrant Agreement dated as of , 2002 (as the same may be amended from time to time in accordance with its terms, the “Class C Warrant Agreement”) by and between the Company and The Bank of New York, as warrant agent (the “ Warrant Agent”), in whole or in part, at the initial purchase price of $1.00 per share, on and subject to the terms and con- ditions set forth herein and in the Class C Warrant Agreement. Such purchase shall be payable in lawful money of the United States of America by certified or official bank check or any combination thereof to the order of the Warrant Agent for the account of the Company at the principal office of the Warrant Agent, but only subject to the conditions set forth herein and in the Class C Warrant Agreement. The number of shares of Common Stock for which each Class C Warrant is exercisable, and the price at which such shares may be purchased upon exercise of each Class C Warrant, are subject to adjustment upon the occurrence of certain events as set forth in the Class C Warrant Agreement. Whenever the number of shares of Common Stock for which a Class C Warrant is exercisable, or the price at which a share of such Common Stock may be purchased upon exercise of the Class C Warrants, is adjusted pursuant to the Class C Warrant Agreement, the Company shall cause to be given to each of the registered holders of the Class C Warrants at such holders’ addresses appearing on the Class C Warrant register written notice of such adjustment by first class mail postage pre-paid. No Class C Warrant may be exercised after 5:00 p.m., New York City time, on the Expiration Date, and to the extent not exercised by such time such Class C Warrants shall become void. Reference is hereby made to the further provisions of this Class C Warrant Certificate set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as though fully set forth at this place. This Class C Warrant Certificate shall not be valid unless countersigned by the Warrant Agent. THIS CLASS C WARRANT CERTIFICATE SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK, EXCEPT THAT MATTERS RELATING TO THE CAPITAL STOCK OF THE COMPANY SHALL BE GOV...

Examples of Class C Warrant Shares in a sentence

• Without limiting the generality of the forgoing, the Company will (i) not increase the par value of any Class C Warrant Shares receivable upon the exercise of a Class C Warrant above the amount payable therefor upon such exercise immediately prior to such increase in par value and (ii) take all such action as may be necessary or appropriate in order that the Company may validly and legally issue fully paid and nonassessable Class C Warrant Shares upon the exercise of any Class C Warrant.

• If any holder surrenders for exer- cise more than one Class C Warrant Certificate, the number of Class C Warrant Shares deliverable to such holder may, at the option of the Company, be computed on the basis of the aggregate amount of all the Class C Warrants exercised by such holder.

• The Company shall make such adjustments to the par value of the Common Stock in order that, upon exercise of the Class C Warrants, the Class C Warrant Shares will be fully paid and non-assessable.

• The Company will not be required to issue fractional Class C Warrant Shares upon exercise of the Class C Warrants or distribute Share certificates that evidence fractional Class C Warrant Shares but the number of Class C Warrant Shares issuable shall be rounded up or down to the nearest whole number.

• Irrespective of any adjustments in the number or kind of shares purchasable upon the exercise of the Class C Warrants, Class C Warrant Certificates theretofore or thereafter issued may continue to express the same number and kind of Class C Warrant Shares per Class C Warrant as are stated on the Class C Warrant Certificates initially issuable pursuant to this Agreement.

• The Company shall cause to be mailed to the holder of a Class C Warrant copies of such officer's cer- tificate together with a notice stating that the Exercise Price and the number of Class C Warrant Shares purchasable upon exercise of a Class C Warrant have been adjusted and setting forth the adjusted Ex- ercise Price and the adjusted number of Class C Warrant Shares purchasable upon the exercise of such Class C Warrant.

• Fractional Class C Warrant Shares 17 ARTICLE VII CONCERNING THE WARRANT AGENT 18 SECTION 7.01.

• Adjustment of Exercise Price and Number of Class C Warrant Shares; Notices 13 SECTION 6.02.

• The number and kind of Class C Warrant Shares for which a Class C Warrant may be exercised and the price at which Class C Warrant Shares may be purchased upon exercise of a Class C Warrant shall be subject to adjustment from time to time as set forth in Article VI hereof (the "Exercise Price").

• The Exercise Price and the number of Class C Warrant Shares are subject to adjustment from time to time as provided in this Article VI.

More Definitions of Class C Warrant Shares

Class C Warrant Shares preamble "Class D Warrants" preamble "Class D Warrant Shares" preamble "Common Stock" preamble "Company" preamble "Conversion Shares" preamble "Effectiveness Period" Section 2.1(c) "HT" preamble "Jansxxx/Xxxexx" preamble "Offering" preamble "Registration Statement" Section 2.1(a) "Series A Preferred" preamble "Shares" preamble "TBCGI" preamble