Equity Sale definition

Equity Sale means the occurrence, of:

Equity Sale. An acquisition (other than directly from the Company) of any equity securities of the Company (the "Equity Securities") or of the Company's wholly-owned subsidiary (Sweetheart Cup Company Inc.) by any "Person" (as the term person is used for purposes of Section 13(d) or 14(d) of the Securities Exchange Act of 1934 (the "Exchange Act")) other than American Industrial Partners Capital Fund, LP or its affiliates or an employee benefit plan maintained by the Company, immediately after which such Person has "Beneficial Ownership" (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of Equity Securities representing sixty percent (60%) or more of the combined value of the Company's or Sweetheart Cup Company Inc.'s then outstanding Equity Securities; or

Equity Sale means any sale, transfer or other disposition of any capital stock or other Equity Interests in a Borrower by a Credit Party (but shall not include the issuance by any Credit Party of its own Equity Interests).

Examples of Equity Sale in a sentence

• The type and class of capital stock of the Company to be issued to the Holder of this Note upon conversion pursuant to this Section 5(a) (and the rights and privileges of the Holder thereof) shall be identical to the type and class of the capital stock issued by the Company in connection with the Qualified Equity Sale (the “New Stock”).

• Immediately upon the closing of a Qualified Equity Sale (as defined below), the Note Balance shall automatically be converted into fully paid and non-assessable shares of New Stock (as defined below).

• For the avoidance of doubt, once the first Significant Sale has occurred, each subsequent Equity Sale shall constitute a “Significant Sale” until a Liquidity Event has occurred.

• There are separate sections that are divided into Equity Sale, Equity Purchase, Bond Sale and Bond Purchase.

• No Governmental Entity of competent jurisdiction shall have enacted, issued, promulgated, enforced, or entered any statute, rule, regulation, judgment, decree, injunction, or other order (whether temporary, preliminary, or permanent) which is in effect and prohibits or makes illegal consummation of the Equity Sale or the other Transactions.

More Definitions of Equity Sale

Equity Sale means, to the extent permitted by and subject to the terms and conditions of the Working Capital Facility Documents, the issuance or sale by the Company or a Subsidiary of Capital Stock of the Company or a Subsidiary (or any series of related issuances or sales) where the cumulative aggregate gross proceeds to the Company and its Subsidiaries equals or exceeds $1.0 million; provided, that there shall be excluded from the foregoing the sale of Common Stock of the Company upon the exercise of options issued under an Approved Option Plan and the sale of common stock of a Subsidiary which constitutes an Asset Disposition.

Equity Sale has the meaning specified in Section 7.2(a).

Equity Sale means a sale of property under the power of sale contained in any deed of trust or mortgage where the total amount of the indebtedness does not exceed 90 percent of the appraised market value of the property.

Equity Sale means the consummation after the Effective Date of the sale, transfer, conveyance or other disposition of the equity securities of the Company or its successor held, directly or indirectly, by one or more of the Principal Stockholders in exchange for cash, or in the case of any transaction resulting in the exchange for consideration other than cash (“non-cash consideration”) the receipt of cash upon the disposition of such non-cash consideration; provided, that any Post-Closing Syndication Transfer will not be considered an Equity Sale.

Equity Sale means any issuance, sale, give away, conveyance, transfer or other disposition of any Equity Interests by Borrower or any other change in the capital structure of Borrower.

Equity Sale means any issuance, sale, conveyance, transfer or other disposition of any Equity Interests by any Person or any other change in the capital structure of such Person (other than Indebtedness).

Equity Sale has the meaning provided in Section 5.14(b).