Defaulted Shares definition

Defaulted Shares has the meaning ascribed thereto in Section 38 of this Agreement;

Defaulted Shares has the meaning set forth in Section 8(D)(v).

Defaulted Shares shall have the meaning specified in Section 6.6(d).

Examples of Defaulted Shares in a sentence

• If the Company fails to deliver, by the related Conversion Settlement Date, any shares of Common Stock forming part of the Conversion Consideration of the conversion of this Note, the Holder, by notice to the Company, may rescind all or any portion of the corresponding conversion notice at any time until such Defaulted Shares are delivered.

• If the Defaulted Shares exceed one-tenth of the aggregate number of Additional Shares to be purchased on an Option Closing Date, the non-defaulting Underwriters shall have the option to (i) terminate their obligation hereunder to purchase the Additional Shares to be sold on such Option Closing Date or (ii) purchase not less than the number of Additional Shares that such non-defaulting Underwriters would have been obligated to purchase in the absence of such default.

• If the Defaulted Shares exceed one-tenth of the aggregate number of Firm Shares to be purchased on the Closing Date, and arrangements satisfactory to the Representative and the Company for the purchase of such Firm Shares are not made within 36 hours after such default, this Agreement shall terminate without liability on the part of any non-defaulting Underwriter.

• The term “Underwriter” as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to the Defaulted Shares.

• If, during such 36-hour period, the Representative shall not have made such arrangements, then the Company shall be entitled to a further period of 36 hours within which to make arrangements for another party or parties satisfactory to the Representative to purchase the Defaulted Shares.

More Definitions of Defaulted Shares

Defaulted Shares has the meaning set forth in Section 3.4.

Defaulted Shares shall have the meaning set forth in Section 7.4(a).

Defaulted Shares has the meaning specified in Section 19.1.

Defaulted Shares has the meaning given in Clause 15.1; “Directors” means the members of the Managing Board and of the Supervisory Board of the Company; “Directors Lock-up Agreement” means the lock-up agreement in respect of the Ordinary Shares entered into on the date hereof between each of the Directors and the Managers; “Disclosure and Transparency Rules” means Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC, as implemented in the relevant Member State of the European Union; “Disclosure Package” means the Prospectus, the Translated Summaries, any supplement to the Prospectus (if any) and the Pricing Statement; “Dutch Financial Supervision Act” means the Dutch Financial Supervision Act (Wet op het financieel toezicht) and the rules and regulations promulgated thereunder; “Engagement Letters” means the engagement letters entered into between ICE and each of the Managers; “Euroclear” means Euroclear France; “Euronext Amsterdam”, “Euronext Brussels” and “Euronext Paris” have the meaning given in the Recitals; “Exchanges” means Euronext Paris, Euronext Amsterdam and Euronext Brussels; “FCA” mans the UK Financial Conduct Authority; “Financial Statements” means (i) the audited combined financial statements for the financial years ended 31 December 2013, 2012 and 2011; and (ii) the unaudited condensed consolidated financial statements for the three-month period ended 31 March 2014, including unaudited condensed combined financial information for the three-month period ended 31 March 2013, which are all included under “Financial Information” in the Prospectus; “Financial Statements Date” means 31 March 2014; “Firm Shares” has the meaning given in the Recitals; “First Closing Date” means 24 June 2014, subject to acceleration or extension of the timetable for the Global Offer, or such later date which the Company, the Selling Shareholder and the Joint Global Coordinators (on behalf of the Managers) may agree in writing (including as a result of any postponement pursuant to Clause 15.3), being no later than 1 July 2014; “First Trading Date” means 20 June 2014, subject to acceleration or extension of the timetable for the Global Offer; “FSMA” means the Belgian Financial Services and Markets Authority (Autorité des services et marchés financiers/Autoriteit voor...

Defaulted Shares has the meaning set forth in Section 5.04(F).

Defaulted Shares has the meaning set forth in Section 8(D)(vi).

Defaulted Shares means Offer Shares in respect of which an Underwriter has failed to pay or procure payment for as required by Clause 3.4 and Clause 6; Defaulting Underwriter means an Underwriter which fails to pay or procure payment in accordance with this Agreement; Expense means any and all losses, damages, costs, demands, charges or expenses (including legal fees) and Taxes (other than corporation tax incurred by the relevant Indemnified Person on its actual net income, profits or gains);