Eligible Warrants means any and all warrants, options or other rights to acquire any shares of Class A Common Stock from the Corporation, or any securities convertible into or exchangeable for Class A Common Stock, in each case outstanding on the Issuance Date or issuable directly or indirectly pursuant to warrants, options or other rights outstanding on the Issuance Date, and except for: (x) options issued pursuant to the Corporation's 1994 employee stock option plan, (y) the Warrants evidenced hereby and any other warrants issued to Hayward Industries, Inc. on the Issuance Date, and (z) rights to acquire from the Corporation shares held in escrow pursuant to an Escrow Agreement dated as of January 24, 1994, as amended March 17, 1994, among the Corporation, American Stock Transfer & Trust Company and certain stockholders of the Corporation;
Eligible Warrants means those warrants to acquire the Company’s preferred stock with an exercise price in excess of $7.00 per share.”
Eligible Warrants means any Warrant for which the exercise price per share is less than the sum of (A) the Per Share Common Initial Cash Consideration and (B) the Per Share Common Escrow Consideration (it being understood that the sum of all Common Escrow Distributions after the Effective Time are to be taken into account in determining whether the exercise price of a Warrant outstanding immediately prior to the Effective Time is less than the sum of (A) and (B)).
Examples of Eligible Warrants in a sentence
Your Withdrawal Form may be delivered by any of the means indicated for a valid tender of Eligible Warrants described in Question 12 above.
During any extension of the Exchange Offer, Eligible Warrants that were previously tendered and not validly withdrawn will remain subject to the Exchange Offer.
Shares of our common stock issued in exchange for Eligible Warrants that are “restricted securities” within the meaning of the Securities Act will be restricted securities.
If you miss the deadline to withdraw your previously tendered Eligible Warrants, such warrants will be cancelled and exchanged for shares of our common stock pursuant to this Exchange Offer.
The Eligible Warrants were initially for the purchase of an aggregate of 2,348,370 shares of common stock but a dilutive financing after the issuance of the Eligible Warrants affected the number of warrants.
More Definitions of Eligible Warrants
Eligible Warrants means any Variable Rate Demand Warrants of a subseries outstanding under and entitled to the benefits of the Indenture (other than any such Variable Rate Demand Warrant which
Eligible Warrants shall have the meaning set forth in the Recitals.
Eligible Warrants means any and all warrants, options or other rights to acquire any shares of Class A Common
Eligible Warrants for purposes hereof shall mean any and all warrants, options or other rights to acquire shares of Class A Common Stock from the Corporation, or any securities convertible into or exchangeable for Class A Common Stock, in each case outstanding on the Issuance Date or issuable directly or indirectly pursuant to warrants, options or other rights outstanding on the Issuance Date. For purposes of this Paragraph (d) the following additional sub-paragraphs shall apply:
Eligible Warrants means any and all warrants, options or other rights to acquire any shares of Class A Common Stock from the Corporation, or any securities convertible into or exchangeable for Class A Common Stock, in each case outstanding on the Issuance Date or issuable directly or indirectly pursuant to warrants, options or other rights outstanding on the Issuance Date, and except for: (w) the warrant issued to Bretx Xxxgstone to acquire 289,187 shares of Class A Common Stock, (x) options issued pursuant to the Corporation's 1994 employee stock option plan, (y) the Warrants evidenced hereby and any other warrants issued to Coopxx Xxxhting, Inc. on the Issuance Date, and (z) rights to acquire from the Corporation shares held in escrow pursuant to an Escrow Agreement dated as of January 24, 1994, as amended March 17, 1994, among the Corporation, American Stock Transfer & Trust Company and certain stockholders of the
Eligible Warrants. (as such term is used below), the Class A Units shall automatically divide and convert into (x) a like number of Class A Units having the entitlements to income, loss and distributions as the existing Class A Units, except that the Applicable Class Percentage shall be 0% (provided, however, that if Payout has occurred and all of the Warrants have either been exercised and/or expired, the Class A Units shall automatically be canceled) and (y) a number of Class B Units equal to 20% times (i) the number of Class A Units Outstanding divided by (ii) the number of Class A Units plus the number of Class C Units Outstanding times (iii) the total number of Class B Units which would be Outstanding after conversion based on the actual exercise of the Stockholder Warrants classified as Eligible Warrants and the assumed exercise of all of the Centex Warrants classified as Eligible Warrants. The foregoing conversion shall be deemed to occur as of the date on which the exercise of the Stockholder Warrants classified as Eligible Warrants is deemed to occur under the Stockholder Warrant Agreements (i.e., the close of business on the last day of the applicable exercise period with respect to such Warrants). As used above, the terms "Eligible Warrants" means those Stockholder Warrants with respect to which the Nominee Agreement has been terminated pursuant to the terms thereof and a proportionate part of the Centex Warrants, as determined pursuant to the Centex Warrant Agreement.
Eligible Warrants means those Stockholder Warrants with respect to which the Nominee Agreement has been terminated pursuant to the terms thereof and a proportionate part of the Centex Warrants, as determined pursuant to the Centex Warrant Agreement.