Policy Issuance Date means the date of first issuance of these Terms and Benefits.
Rights Offering Shares means, collectively, the shares of New Common Stock issued in the Rights Offering.
Excluded Issuance means an issuance and sale of Qualified Capital Stock of Borrower, to the extent such Qualified Capital Stock is used, or the Net Cash Proceeds thereof shall be, within 45 days of the consummation of such issuance and sale, used, without duplication, to finance Capital Expenditures or one or more Permitted Acquisitions.
Common Warrants means, collectively, the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Common Warrants shall be exercisable immediately and have a term of exercise equal to five (5) years, in the form of Exhibit A attached hereto.
Common Warrant Shares means the shares of Common Stock issuable upon exercise of the Common Warrants.
Parent Shares means the shares of common stock, par value $1.00 per share, of Parent.
Rights Offering has the meaning set forth in Section 4.1(b);
SPAC Warrants means SPAC Private Warrants and SPAC Public Warrants, collectively.
Series Issuance Date means, with respect to any Series, the date on which the Notes of such Series are to be originally issued in accordance with Section 2.10 and the related Indenture Supplement.
Parent Warrants means the outstanding warrants to purchase Parent Common Stock.
Special Warrants means the special warrants issued by the Company, at a price of $0.10 per Special Warrant, pursuant to the Special Warrant Private Placement and entitling the holder thereof to acquire, for no additional consideration, one Common Share pursuant to the terms and conditions in the Special Warrant Certificates; and
Purchaser Warrants means Purchaser Private Warrants and Purchaser Public Warrants, collectively.
Broker Warrants has the meaning ascribed to such term in Section 12 hereof;
Lock-Up Securities has the meaning assigned to such term in Section 3.5.
Excluded Issuances means any issuance or sale (or deemed issuance or sale in accordance with Section 4(c)) by the Company after the Original Issue Date of: (a) shares of Common Stock issued upon the exercise of this Warrant; or (b) shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of Options to directors, officers, employees, or consultants of the Company in connection with their service as directors of the Company, their employment by the Company or their retention as consultants by the Company, in each case authorized by the Board and issued pursuant to the Company’s Amended and Restated 2018 Stock Incentive Plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date), so long as the exercise price in respect of any Options is not less than the Fair Market Value of the Common Stock as of the date such Option is issued.
New Securities means, collectively, equity securities of the Company, whether or not currently authorized, as well as rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable for such equity securities.
Commitment Shares shall have the meaning set forth in Section 12.04.