Excess New Securities definition

Excess New Securities has the meaning set forth in Section 4.2(a) of this Agreement.

Excess New Securities has the meaning given in Section 8.2(b).

Excess New Securities has the meaning set forth in Section 3(d).

Examples of Excess New Securities in a sentence

• The procedure described in the preceding sentence shall be repeated until there are no remaining Excess New Securities or until no Rightholder wishes to purchase any additional Excess New Securities.

• The procedure described in the preceding sentence shall be repeated until there are no remaining Excess New Securities.

• Each Stockholder shall have ten (10) Business Days from the date on which they receive the Preemptive Notice to agree by written notice to the Company (a "Preemptive Exercise Notice") to purchase up to their Pro Rata Amount of such New Securities (and any Excess New Securities) for the New Securities Price and upon the general terms specified in the Preemptive Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased by any such Stockholder.

• In the event that any Stockholder does not elect to purchase all of its respective Pro Rata Amount of such New Securities, the New Securities that were available for purchase by such non-electing Stockholders (the "Excess New Securities") shall automatically be deemed to be accepted for purchase by the Stockholders who indicated in their Preemptive Exercise Notice a desire to participate in the purchase of New Securities in excess of their Pro Rata Amount.

• In the event that any such Unitholder does not elect to purchase all of its respective proportional share, the New Securities which were available for purchase by such non-electing Unitholders (the "Excess New Securities") shall automatically be deemed to be accepted for purchase by such Unitholders who indicated in their Preemptive Exercise Notice a desire to participate in the purchase of New Securities in excess of their proportional share.

• Unless otherwise agreed by all of the Investor Stockholders participating in the purchase, each Investor Stockholder so electing to purchase more than its Proportionate Share shall purchase its Proportionate Share of the Excess New Securities (computed on the basis of the Investor Stockholders who participate in the purchase of Excess New Securities).

• In the event that any such Stockholder does not elect to purchase all of its respective proportional share, the New Securities which were available for purchase by such non-electing Stockholders (the "Excess New Securities") shall automatically be deemed to be accepted for purchase by such Stockholders who indicated in their Preemptive Exercise Notice a desire to participate in the purchase of New Securities in excess of their proportional share.

• AHL hereby waives its right to purchase its Proportionate Percentage of the New Securities issued at each Closing pursuant to the Purchase Agreement, as well as its pro-rata share of any Excess New Securities available to be purchased at each such Closing (subject to the consummation of the Initial Closing (as defined in the Purchase Agreement)).

• In the event that any Stockholder does not elect to purchase all of its respective Pro Rata Amount of such New Securities, the New Securities which were available for purchase by such non-electing Stockholders (the "Excess New Securities") shall automatically be deemed to be accepted for purchase by the Stockholders who indicated in their Preemptive Exercise Notice a desire to participate in the purchase of New Securities in excess of their Pro Rata Amount.

• If there are Excess New Securities Commitments for, in aggregate, a greater number that the number of Remaining New Securities available, the following procedure (the “New Issue Procedure”) shall be implemented: each Participating Security Holder shall be entitled to acquire its Pro-Rata Portion of the Remaining New Securities for the same price and otherwise on the same terms on which the other New Securities of the same class are being or have been issued as part of the relevant New Issue.

More Definitions of Excess New Securities

Excess New Securities shall have the meaning set forth in Section 4.09(c).

Excess New Securities has the meaning given in Clause 18.6;

Excess New Securities has the meaning set forth in Section 3(d). “Exchange Act” means the United States Securities Xxxxxxxx Xxx 0000, and the Rules and Regulations promulgated thereunder, all as the same shall be in effect from time to time. “Excluded Offering” means any registered public offering of Ordinary Shares effected pursuant to the terms of Section 11 of this Agreement in which any member of the Investor Group sells any of such member’s Ordinary Shares. “Excluded Securities” means Equity Securities issued in connection with any of the following: (i) Equity Securities issued pursuant to an equity incentive plan or other compensation arrangements approved by the Board or Equity Securities issued upon the exercise, conversion or exchange of any options, warrants or any other derivative or convertible securities of the Company;

Excess New Securities has the meaning set forth in Section 8.5 of this Agreement.

Excess New Securities has the meaning ascribed to it in Clause 5.2(B);

Excess New Securities has the meaning set forth in Section 6.