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).

Company Election. [Cash Amount [and/or] Common Stock Amount]

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).
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 right of each of the Company and the Non-Selling Investor as provided for in this Section 2 will be void ab initio if the Company Election Notice, all Investor Election Notices and all Second Investor Election Notices, collectively constitute an offer to purchase less than all of such Offered Shares.
Subject to the satisfaction of all the conditions of this Section 4.2, on the Company Election Conversion Date each Purchaser of Notes selected for conversion will be deemed to have submitted a Conversion Notice in accordance with Section 4.1(b)(i) for a the aggregate principal amount of Notes equal to such Purchaser’s Pro Rata Conversion Amount.
The purchase of Option ------------------------------------------ Shares pursuant to this paragraph 12 shall be closed at the Company's executive offices on a date determined by the Company, which date shall be within 45 business days after the expiration of the Company Election Period.
The Company may elect to purchase all or ----------------------- any portion of the Option Shares by delivery of written notice (the "Repurchase ---------- Notice") to you or any other holders of the Option Shares within 45 business ------ days after your Termina-tion Date (the "Company Election Period").
Notwithstanding the above, any Purchaser may convert such Notes selected for conversion hereunder which shall reduce such Purchaser’s Pro Rata Conversion Amount into Common Shares pursuant to Section 4.1 on or prior to the date immediately preceding the Company Election Conversion Date.

More Definitions of Company Election

Company Election has the meaning set forth on the attached Schedule 1.1(d).

Company Election is defined in Section 11.04.

Company Election has the meaning specified therefor in Section 5(a) of the Warrant Agreement.

Company Election. Under the provisions of the T▇▇▇-▇▇▇▇▇▇▇ 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.

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.