Concurrent Securities definition

Concurrent Securities means the (i) Convertible Preferred Stock and (ii) $5,620,000,000 aggregate liquidation preference of additional series of convertible preferred stock of the Company being originally issued concurrently with, having the same terms as, and ranking equally with, the Convertible Preferred Stock in placements exempt from registration under the U.S. Securities Act of 1933, as amended.
Concurrent Securities means up to $800,000,000 principal amount of Senior Notes due 2025, issued on the Issue Date.

Examples of Concurrent Securities in a sentence

  • If the Company exercises its optional conversion right with respect to some or all of the series of the Concurrent Securities, then the Company will select among the various series with respect to which it will exercise its conversion right on a pro rata basis, by lot or in such other manner as the Board of Directors of the Company, the Preferred Stock Committee or any duly authorized committee thereof may determine to be fair and equitable.

  • If the Company exercises its optional redemption right with respect to some or all of the series of the Concurrent Securities, then the Company will select among the various series with respect to which it will exercise its redemption right on a pro rata basis, by lot or in such other manner as the Board of Directors of the Company, the Preferred Stock Committee or any duly authorized committee thereof may determine to be fair and equitable.

  • The Company is not required, and upon the issuance and sale of the Securities and the Concurrent Securities, as herein contemplated and the application of the net proceeds therefrom as described in the General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).

  • The Company will comply with all applicable securities and other laws, rules and regulations in each jurisdiction in which the Concurrent Securities are offered in connection with the Concurrent Sale.

  • The Concurrent Securities have been duly and validly authorized, and, when delivered to and paid for by the Purchaser in the Concurrent Sale pursuant to the Concurrent Sale Agreement, will conform in all material respects to the description contained in the General Disclosure Package and the Prospectus and will be validly issued, fully paid and non-assessable.

  • The Company will comply with all applicable securities and other laws, rules and regulations, in each jurisdiction in which the Concurrent Securities are offered in connection with the Concurrent Sale.

  • The Company does not intend to use any of the proceeds from the sale of the Securities or the Concurrent Securities hereunder to repay any outstanding debt owed to any affiliate except as set forth in the General Disclosure Package and the Prospectus.

  • Attached as Annex B hereto is a schedule prepared by the Company, which sets forth all offers and sales of the Concurrent Securities.

  • Neither the Company nor any subsidiary is required, and upon the issuance and sale of the Securities and the Concurrent Securities, as herein contemplated and the application of the net proceeds therefrom as described in the General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).

  • The Concurrent Securities have been duly and validly authorized, and, when delivered to and paid for by the Purchasers in the Concurrent Sale pursuant to the Concurrent Sale Agreement, will conform in all material respects to the description contained in the General Disclosure Package and the Prospectus and will be validly issued, fully paid and non-assessable.

Related to Concurrent Securities

  • Parent Securities has the meaning set forth in Section 4.02(b)(ii).

  • Replacement Securities means securities of the same issuer, class and denomination as Loaned Securities.

  • Investment Securities means any of the following:

  • Equivalent Securities with respect to a Transaction, Securities equivalent to Purchased Securities under that Transaction. If and to the extent that such Purchased Securities have been redeemed, the expression shall mean a sum of money equivalent to the proceeds of the redemption;

  • Deposit Securities means, as of any date, any United States dollar-denominated security or other investment of a type described below that either (i) is a demand obligation payable to the holder thereof on any Business Day or (ii) has a maturity date, mandatory redemption date or mandatory payment date, on its face or at the option of the holder, preceding the relevant Redemption Date, Dividend Payment Date or other payment date in respect of which such security or other investment has been deposited or set aside as a Deposit Security:

  • Exempt Securities has the meaning set forth in Section 4.4(d).

  • Investment security means a marketable obligation in the form of a bond, note, or debenture, commonly regarded as an investment security and that is salable under ordinary circumstances with reasonable promptness at a fair value.

  • Net Securities Proceeds means the Cash proceeds (net of underwriting discounts and commissions and other reasonable costs and expenses associated therewith, including reasonable legal fees and expenses) from the (i) issuance of Capital Stock of or incurrence of Indebtedness by Borrower or any of its Subsidiaries and (ii) capital contributions made by a holder of Capital Stock of Borrower.

  • Government Securities means direct obligations of, or obligations guaranteed by, the United States of America, and the payment for which the United States pledges its full faith and credit.

  • relevant securities means Ordinary Shares and securities carrying conversion or subscription rights into Ordinary Shares;

  • Liquid Securities means securities that are publicly traded on the New York Stock Exchange, the American Stock Exchange or the Nasdaq Stock Market and as to which the Company or any Restricted Subsidiary is not subject to any restrictions on sale or transfer (including any volume restrictions under Rule 144 under the Securities Act or any other restrictions imposed by the Securities Act) or as to which a registration statement under the Securities Act covering the resale thereof is in effect for as long as the securities are held; provided that securities meeting the foregoing requirements shall be treated as Liquid Securities from the date of receipt thereof until and only until the earlier of (a) the date on which such securities are sold or exchanged for cash or Cash Equivalents and (b) 180 days following the date of receipt of such securities. If such securities are not sold or exchanged for cash or Cash Equivalents within 180 days of receipt thereof, for purposes of determining whether the transaction pursuant to which the Company or a Restricted Subsidiary received the securities was in compliance with Section 4.11, such securities shall be deemed not to have been Liquid Securities at any time.

  • U.S. Government Securities means direct obligations of the United States or of its agencies or instrumentalities that are entitled to the full faith and credit of the United States and that, other than United States Treasury Bills, provide for the periodic payment of interest and the full payment of principal at maturity or call for redemption.

  • Long-Term U.S. Government Securities means U.S. Government Securities maturing more than one year from the applicable date of determination.

  • Compliant Securities means securities issued by UBS Group AG or any of its subsidiaries that have economic terms not materially less favourable to a Holder than these Terms and Conditions (as reasonably determined by the Issuer), provided that

  • Escrowed Securities means the direct, noncallable obligations of the United States of America, as described in the Escrow Agreement.

  • NIM Securities As defined in the tenth Recital to this Agreement.

  • Book-Entry Securities Securities maintained in the form of entries (including, without limitation, the Security Entitlements in such Securities) in the commercial book-entry system of the Fed and held for the Trustee, directly or indirectly, by any Trustee's Fed Member. Book-Entry Securities shall not include, in any event, any Certificated Security (or any Security Entitlement in any Certificated Security) held, directly or indirectly, through a Clearing Corporation.

  • Offeror’s Securities means Voting Shares Beneficially Owned by an Offeror on the date of the Offer to Acquire;

  • U.S. Government Securities Business Day means any day except for (a) a Saturday, (b) a Sunday or (c) a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United States government securities.

  • Short-Term U.S. Government Securities means U.S. Government Securities maturing within one year of the applicable date of determination.

  • CHESS Approved Securities means securities of the Company for which CHESS approval has been given in accordance with the ASX Settlement Operating Rules;

  • Subsidiary Securities means the shares of capital stock or the other equity interests issued by or equity participations in any Subsidiary, whether or not constituting a "security" under Article 8 of the Uniform Commercial Code as in effect in any jurisdiction.

  • Working Capital Warrants shall have the meaning given in the Recitals hereto.

  • Class A Shares means Class A ordinary shares, par value US$0.0001 per share, in the share capital of the Company.

  • Excess Securities means the Corporation Securities which are the subject of the Prohibited Transfer.

  • 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