Excess Shares definition

Excess Shares shall have the meaning set forth in Section 3.1(a).

Excess Shares shall have the meaning set forth in Section 11(a)(ii) hereof.

Excess Shares has the meaning set forth in Section 4(k)(ii).

Examples of Excess Shares in a sentence

• As soon as reasonably practicable after the issuance of the Excess Shares has been deemed null and void, the Company shall return to the Holder the exercise price paid by the Holder for the Excess Shares.

• Any dividend or other distribution paid with respect to any Shares which constituted Excess Shares at such time and prior to Shares having been transferred to the Charitable Trustee shall be paid to the Charitable Trustee by the Prohibited Owner upon demand and any dividend or other distribution authorized but unpaid with respect to such Shares shall be paid when due to the Charitable Trustee.

• The holders of Excess Shares shall not be entitled to voting rights with respect to such shares.

• Excess Shares so held in trust shall remain issued and outstanding shares of capital stock of the Company.

• The Excess Application Facility enables Qualifying Shareholders to apply for Excess Shares in excess of their Open Offer Entitlement as at the Record Date.

More Definitions of Excess Shares

Excess Shares has the meaning contained in Section 3.2(e)

Excess Shares means the excess shares, par value $0.01 per share, exchanged for shares of Common Stock or Preferred Stock, as the case may be, transferred or proposed to be transferred in excess of the Ownership Limit or which would otherwise jeopardize the Company’s status as a REIT under the Code.

Excess Shares has the meaning assigned in Section 2.6(a).

Excess Shares has the meaning specified in the Company’s Charter.

Excess Shares means any Common Shares (i) acquired or proposed to be acquired by any Person (other than an Existing Holder) pursuant to a Transfer to the extent that, if effective, such Transfer would result in the transferee either (A) Beneficially Owning Common Shares in excess of the Ownership Limit or (B) Constructively Owning Common Shares in excess of the Related Party Limit, (ii) acquired or proposed to be acquired by an Existing Holder pursuant to a Transfer to the extent that, if effective, such Transfer would result in such Existing Holder Beneficially Owning Common Shares in excess of the Existing Holder Limit for such Existing Holder, or (iii) which are the subject of a Transfer that, if effective, which would result in (A) the Common Shares being owned by fewer than 100 Persons (determined without reference to any rules of attribution), or (B) the Corporation being "closely held" within the meaning of Section 856(h) of the Code.

Excess Shares means the excess stock, par value $0.01 per share, of the Company, as described in Section 7.7 hereof.

Excess Shares means Shares resulting from an event described in Section 3 of this Article NINTH.