Excess New Securities definition

Excess New Securities has the meaning set forth in Section 2.2(a) of this Agreement.
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Excess New Securities has the meaning given in Section 8.2(b).
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Excess New Securities has the meaning set forth in Section 4.2(a) of this Agreement.
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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.

  • 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.

  • 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.

  • Any Excess New Securities not issued or sold within one hundred twenty (120) days after the date of the Preemptive Notice shall again be subject to the provisions of this Section 3.6.

  • 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).

  • 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)).

  • The failure of a Preemptive Rightholder to respond within such five (5) Business Day period shall be deemed to be a waiver of such Preemptive Rightholder’s rights to purchase any Excess New Securities under Section 4.2(a), provided that each Preemptive Rightholder may waive its rights under Section 4.2(a) prior to the expiration of such five (5) Business Day period by giving written notice to the Company or pursuant to Section 4.5 hereof.

  • 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.

  • 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.


More Definitions of Excess New Securities

Excess New Securities has the meaning set forth in Section 3(d).
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Excess New Securities has the meaning given in Clause 18.6;
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Excess New Securities has the meaning set forth in Section 4.2(a).
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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;
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Excess New Securities has the meaning ascribed to it in Clause 5.2(B);
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Excess New Securities has the meaning set forth in Section 6.
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Related to Excess New Securities

  • New Securities means, collectively, equity securities of the Company, whether or not currently authorized, as well as rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable for such equity securities.

  • Available Securities means the securities of the Funds that are available for Loans pursuant to Section 3.

  • New Secured Notes means the $550 million of first lien secured notes to be issued by New Valaris Holdco comprising (i) the Rights Offering New Secured Notes to be issued in the Rights Offering on the terms set forth in the New Secured Notes Term Sheet attached as Exhibit 2 to the Restructuring Term Sheet and the Rights Offering Procedures, (ii) the Holdback Notes to be issued on the terms set forth in the Backstop Agreement,

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

  • Ineligible Securities means securities which may not be underwritten or dealt in by member banks of the Federal Reserve System under Section 16 of the Banking Act of 1933 (12 U.S.C. Section 24, Seventh), as amended.

  • Shelf Offering Notice has the meaning set forth in Section 1(d)(i).

  • Refused Securities has the meaning ascribed to such term in Section 4.1(c)

  • Offering Shares means the shares of Common Stock included in the Units issued pursuant to this Agreement and Investor Warrant Shares.

  • Subject Securities means: (i) all securities of the Company (including all shares of Company Common Stock and all options, warrants and other rights to acquire shares of Company Common Stock) Owned by Stockholder as of the date of this Agreement; and (ii) all additional securities of the Company (including all additional shares of Company Common Stock and all additional options, warrants and other rights to acquire shares of Company Common Stock) of which Stockholder acquires Ownership during the period from the date of this Agreement through the Expiration Date.

  • New Security means the establishment of a position which is not currently held by a client portfolio on the day the position is established.

  • Specified Securities means ‘equity shares’ and ‘convertible securities’ as defined under clause (zj) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009;

  • Shelf Registrable Securities has the meaning set forth in Section 1(d)(i).

  • Shelf Offering has the meaning set forth in Section 1(d)(i).

  • Permitted Securities means any of the following:

  • Shelf Takedown means an Underwritten Shelf Takedown or any proposed transfer or sale using a Registration Statement, including a Piggyback Registration.

  • Underwritten Offering Notice has the meaning set forth in Section 2(b).

  • Additional Registrable Securities means, (i) any Cutback Shares not previously included on a Registration Statement and (ii) any capital stock of the Company issued or issuable with respect to the Common Shares, the Warrants, the Warrant Shares, or the Cutback Shares, as applicable, as a result of any stock split, stock dividend, recapitalization, exchange or similar event or otherwise without regard to any limitations on exercise of the warrants.

  • Restricted Securities means the securities of the Company required to be notated with the legend set forth in Subsection 2.12(b) hereof.

  • Qualified Securities means securities of a reporting issuer that carry the right to participate in voting on the appointment or removal of the reporting issuer’s auditor;

  • New Securities Indenture means an indenture between the Company and the New Securities Trustee, identical in all material respects to the Indenture (except that the transfer restrictions shall be modified or eliminated, as appropriate), which may be the Indenture if in the terms thereof appropriate provision is made for the New Securities.

  • Eligible Securities means those securities which are identified as permissible securities for a particular Transaction Category.

  • Maximum Offering Size has the meaning set forth in Section 2(d);

  • Component purchases means purchases of the component parts of an item that in normal purchasing practices would be made in one purchase. “Separate purchases” means purchases, made sep- arately, of items that in normal purchasing practices would be made in one purchase. “Sequential purchases” means purchases, made over a period, of items that in normal purchasing practices would be made in one purchase.

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

  • Initial Registrable Securities means (i) the Common Shares issued or issuable upon conversion of the Notes issued pursuant to the terms of the Securities Purchase Agreement, and (ii) any capital stock of the Company issued or issuable with respect to the Common Shares, or the Notes as a result of any stock split, stock dividend, recapitalization, exchange or similar event or otherwise without regard to any limitations on conversion of the Notes.

  • New Securities Trustee means a bank or trust company reasonably satisfactory to the Initial Purchasers, as trustee with respect to the New Securities under the New Securities Indenture.