Company Election definition

Company Election means the election by the Company to exercise its right to convert the Series B Preferred Stock into Common Stock within 60 days of the public filing by the Company on Form 10-K or 10-Q, as applicable, evidencing the Company's achievement of four (4) consecutive quarters (commencing after the Original Issuance Date) of individual quarterly Operating Profits equal to or greater than $750,000 in each of the four (4) consecutive quarters.
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Company Election means an election delivered by the Company to Parent in accordance with Section 9.8 in which the Company elects to use the Exchange Ratio calculated pursuant to Section 1.5(a)(i)(4)(A).
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Company Election. [Cash Amount [and/or] Common Stock Amount]
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Examples of Company Election in a sentence

  • If the Company fails to convert any Conversion Amount on the applicable Company Election Conversion Date, then each Holder shall be entitled to the remedies set forth in Section 2(d)(v).

  • Notwithstanding the above, any Holder may convert such shares (including Preferred Shares selected for conversion hereunder which shall reduce such Holder’s Pro Rata Conversion Amount) into Common Stock pursuant to Section 2(b) on or prior to the date immediately preceding the Company Election Conversion Date.

  • Subject to the satisfaction of all the conditions of this Section 2(d)(ix), on the Company Election Conversion Date each Holder of Preferred Shares selected for conversion will be deemed to have submitted a Conversion Notice in accordance with Section 2(d)(i) for a number of Preferred Shares equal to such Holder’s Pro Rata Conversion Amount.

  • The Company Election Notice shall specify the anticipated date of the Business Combination Closing, the number of the Forward Purchase Shares it is requesting that the Purchaser purchase, the aggregate FPS Purchase Price and instructions for wiring the FPS Purchase Price to an account designated by the Company.

  • The Company Election Notice shall specify (i) the date of such meeting, (ii) the date on which such mailing is intended to be made, and (iii) the name or names of the directors of the Company whose terms are to expire at such meeting.

  • Subject to the satisfaction of all the conditions of this Section 2(d)(ix), on the Company Election Conversion Date each Holder of Preferred Shares selected for conversion will be deemed to have submitted a Conversion Notice in accordance with Section 2(d)(i) for a number of Preferred Shares equal to such Holder's Pro Rata Conversion Amount.

  • Notwithstanding the above, any Holder may convert such shares (including Preferred Shares selected for conversion hereunder which shall reduce such Holder's Pro Rata Conversion Amount) into Common Stock pursuant to Section 2(b) on or prior to the date immediately preceding the Company Election Conversion Date.

  • The knowledge about their endophytic relations is still unclear although some have been confirmed as ERM (Chambers et al., 2008; Bougoure and Cairney, 2005).Fungi in the genus Phialocephala and Cadophora were also detected in ericaceous roots and are associated with DSE relations.

  • If the Company elects to exercise its Net Payment Right, the Company Election Notice shall state the number of Warrant Shares to which such Net Payment Right will apply and the form of such Net Payment.

  • The purchase of such Units by the Company shall be consummated within thirty (30) days following expiration of the Company Election Period.


More Definitions of Company Election

Company Election has the meaning set forth on the attached Schedule 1.1(d).
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Company Election is defined in Section 11.04.
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Company Election means an election made by the Stockholder Representative, pursuant to the specific authorization granted by the Stockholders in the Stockholder Consents to the Stockholder Representative, to elect to treat the transactions contemplated by this Agreement as taxable to the Stockholders, and to not qualify the transactions contemplated by this Agreement as a “reorganization” within the meaning of Section 368(a) of the Code. In the event the Company Election is made prior to the Closing Date, upon the making of the Company Election, Parent shall not effect the Subsequent Merger as contemplated by this Agreement. To make the Company Election, the Stockholder Representative shall deliver a written notice to Parent and, in the event the Company Election is made prior to the Closing Date, such Company Election shall be made no later than 5:00 p.m. Pacific on the day prior to the Closing Date, in each case, informing Parent it has made the Company Election.
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Company Election. Under the provisions of the Txxx-Xxxxxxx Act, retirement benefits for ABF’s contractual employees are provided by a number of Multiemployer Plans. ABF contributes to these Multiemployer Plans monthly based on the time worked by its contractual employees, as specified in the National Master Freight Agreement and its regional supplemental agreements. ABF has contingent liabilities for its share of the unfunded liabilities of each Multiemployer Plan to which it contributes. Under the Multi-Employer Pension Plan Amendments Act of 1980, ABF’s contingent liability for a Multiemployer Plan would become payable if it were to withdraw from that Multiemployer Plan. In order to provide single employer retirement benefits for such contractual employees through its own qualified Plan, the Company and/or ABF must withdraw from the Multiemployer Plans and pay its withdrawal liabilities. In order to withdraw from the Multiemployer Plans, ABF must negotiate an agreement with the representative of its contractual employees that allows it to withdraw and establish a single employer retirement Plan or Plans. The Company and/or ABF’s election to withdraw from one or more Multiemployer Plans is referred to collectively as the “Company Election”. The Company Election may occur in one or more separate Multiemployer Plan withdrawals, all of which individually and collectively constitute the Company Election.
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Company Election has the meaning specified therefor in Section 5(a) of the Warrant Agreement.
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Related to Company Election

  • 10) Election has the meaning set forth in Section 6.05(a).

  • Primary election means any regular primary election held under the election

  • Safe Harbor Election has the meaning set forth in Section 10.2(d).

  • LCA Election has the meaning specified in Section 1.09(a).

  • Section 336(e) Election has the meaning set forth in Section 7.06.

  • Regular primary election means the election on the fourth Tuesday of June of

  • Regular election means an election held on a regular election date to elect an individual to, or nominate an individual for, elective office in the regular course of the terms of that elective office.

  • Distribution Election With respect to any Series, as specified in the related Supplement.

  • Stock Election shall have the meaning set forth in Section 3.2.2.

  • Exchange Election shall have the meaning specified in Section 14.12(a).

  • LCT Election has the meaning assigned to such term in Section 1.06.

  • by-election means an election other than a general election;

  • Statewide popular election means a general election in which votes are cast for

  • Cash Election shall have the meaning set forth in Section 3.2.2.

  • Deferral Notice has the meaning set forth in Section 3(h) hereof.

  • Mail ballot election means any election that is conducted under Title 13, chapter 19, by mailing

  • Deferral Election means the Participant’s election under Section 3.1 to defer all or a portion of his or her Compensation.

  • Election cycle means the period beginning on the first day persons are eligible to

  • Mixed Election has the meaning set forth in Section 3.01(b)(iii).

  • Investment Election means an election, made in such form as the Administrative Committee may direct, pursuant to which a Participant may elect the Investment Funds in which the amounts credited to his Account will be deemed to be invested.

  • Distribution Election Form means the form established from time to time by the Plan Administrator that the Director completes, signs and returns to the Plan Administrator to designate the time and form of distribution.

  • Election Deadline shall have the meaning set forth in Section 3.2.3.

  • Form of Election has the meaning assigned in Section 3.3(b).

  • Parent Benefit Plan means an Employee Benefit Plan sponsored, maintained, or contributed to (or required to be contributed to) by Parent or any of its Subsidiaries, or under or with respect to which Parent or any of its Subsidiaries has any current or contingent liability or obligation.

  • Excess Elective Deferrals means the amount of Elective Deferrals (as defined below) for a calendar year that the Participant designates to the Plan pursuant to the following procedure. The Participant’s designation: shall be submitted to the Administrator in writing no later than March 1; shall specify the Participant’s Excess Elective Deferrals for the preceding calendar year; and shall be accompanied by the Participant’s written statement that if the Excess Elective Deferrals is not distributed, it will, when added to amounts deferred under other plans or arrangements described in Section 401(k), 408(k) or 403(b) of the Code, exceed the limit imposed on the Participant by Section 402(g) of the Code for the year in which the deferral occurred. Excess Elective Deferrals shall mean those Elective Deferrals that are includible in a Participant's gross income under Section 402(g) of the Code to the extent such Participant's Elective Deferrals for a taxable year exceed the dollar limitation under such Code section.

  • Election Form means the form established from time to time by the Committee that a Participant completes, signs and returns to the Committee to make an election under the Plan.