Exchange Cap Shares definition

Exchange Cap Shares shall have the meaning set forth in Section 4(e).
Sample 1Sample 2Sample 3
Exchange Cap Shares has the meaning set forth in Section 2(f).
Sample 1Sample 2Sample 3
Exchange Cap Shares shall have the meaning given such term in Section 6(e). “Exempt Issuance” has the meaning set forth in the Purchase Agreement. “Floor Price” means $0.484. “Fundamental Transaction” shall have the meaning set forth in Section 7(d). “Holder” shall have the meaning given such term in Section 2. “Holder’s Optional Triggered Notice” shall have the meaning given such term in Section 9(c). “Installments” shall have the meaning given such term in Section 9(a). “Intellectual Property Rights” means, with respect to the Corporation and its Subsidiaries, all of their rights or licenses to use all trademarks, trade names, service marks, service mark registrations, service names, original works of authorship, patents, patent rights, copyrights, inventions, licenses, approvals, governmental authorizations, trade secrets and other intellectual property rights and all applications and registrations therefor. “Lien” means any lien, pledge, hypothecation, charge, mortgage, security interest, encumbrance, claim, infringement, interference, option, right of first refusal, preemptive right, community property interest or restriction of any nature affecting property, real or personal, tangible or intangible, including any restriction on the voting of any security, any restriction on the transfer of any security or other asset, any restriction on the receipt of any income derived from any asset, any restriction on the use of any asset, any restriction on the possession, exercise or transfer of any other attribute of ownership of any asset, any lease in the nature thereof and any filing of or agreement to give any financing statement under the Uniform Commercial Code (or equivalent statute of any jurisdiction). “Liquidation” shall have the meaning set forth in Section 5.
Sample 1

Examples of Exchange Cap Shares in a sentence

  • In the event that the Company is prohibited from issuing Common Shares pursuant to this Section 3(d)(ii) (the “Exchange Cap Shares”), the Company shall pay cash in exchange for the cancellation of such Common Shares at a price equal to the sum of (i) the product of (x) such number of Exchange Cap Shares and (y) the Closing Sale Price of the Common Shares on the Trading Day the Holder delivers the applicable Conversion Notice with respect to such Exchange Cap Shares to the Company.

  • If, due to the Company’s failure to timely obtain any Subsequent Singapore Stockholder Approval, the Company is prohibited from issuing Ordinary Shares (the “Capped Shares”), the Company shall pay cash in exchange for the cancellation of such portion of this Note convertible into such Capped Shares at a price equal to the product of (x) such number of Exchange Cap Shares multiplied by (y) the Closing Sale Price on the day before the date that the Holder became entitled to receipt of such shares hereunder.

  • In the event that the Company is prohibited from issuing Common Shares pursuant to this Section 4.15(ii) (the “ Exchange Cap Shares”), the Company shall pay cash in exchange for the cancellation of such Common Shares at a price equal to the sum of (i) the product of (x) such number of Exchange Cap Shares and (y) the closing sale price of the Common Shares on the Principal Market on the Trading Day the Holder delivers the applicable Exercise Notice with respect to such Exchange Cap Shares to the Company.

  • Certified employees who are new to the profession will use the entire rubric for year one, strands I-IV in year two, and strands IV-VII in year three.

  • In the event that the Company is prohibited from issuing any Common Shares pursuant to this Section 3(d)(ii) (the “Exchange Cap Shares”), the Company shall pay cash in exchange for cancellation of such Common Shares at a price equal to the product of (x) such number of Exchange Cap Shares and (y) the Closing Sale Price on the Trading Day immediately preceding the date such Exchange Cap Shares would otherwise be required to be delivered to the Holder hereunder.


More Definitions of Exchange Cap Shares

Exchange Cap Shares shall have the meaning set forth in Section 13(d).
Sample 1
Exchange Cap Shares as defined in Section 2.16.
Sample 1

Related to Exchange Cap Shares

  • Exchange Cap shall have the meaning set forth in Section 7.1(c).

  • VMTP Shares has the meaning set forth in the preamble to this Agreement.

  • Common Warrant Shares means the shares of Common Stock issuable upon exercise of the Common Warrants.

  • Exchange Consideration shall have the meaning set forth in Section 11(b)(i).

  • Per Share Purchase Price equals $1.00, subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.

  • Earnout Shares has the meaning set forth in Section 3.6(a).

  • Pre-Funded Warrant Shares means the shares of Common Stock issuable upon exercise of the Pre-Funded Warrants.

  • Earn-Out Shares has the meaning set forth in Section 2.8(a).

  • Put Shares means all shares of Common Stock issued, or that the Company shall be entitled to issue, per any applicable Put Notice in accordance with the terms and conditions of this Agreement.

  • Investor Uncovered Dilution Amount means an amount equal to the product of (x) the Series Allocation Percentage for the related Monthly Period (determined on a weighted average basis, if one or more Reset Dates occur during that Monthly Period), times (y) the aggregate Dilutions occurring during that Monthly Period as to which any deposit is required to be made to the Excess Funding Account pursuant to Section 3.9(a) of the Transfer and Servicing Agreement or Section 3.9(a) of the Pooling and Servicing Agreement but has not been made; provided that, if the Transferor Amount is greater than zero at the time the deposit referred to in clause (y) is required to be made, the Investor Uncovered Dilution Amount for such amount to be deposited shall be deemed to be zero.

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

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