Filed with the secretary of state means, except as otherwise permitted by law or rule:
Consummation Deadline As defined in Section 3(b) hereof.
Consummation Date means the date of the substantial consummation (as defined in Section 1101 of the Bankruptcy Code and which for purposes of this Agreement shall be no later than the effective date) of a Reorganization Plan that is confirmed pursuant to an order of the Bankruptcy Court.
Bank Merger has the meaning set forth in the recitals.
Reverse Merger means any transaction pursuant to which an Operating Unlisted Company becomes a Listed Company by merging with and into a Listed Shell Company;
National Exchange means the Nasdaq National Market or any other national exchange on which the Common Stock of the Corporation is listed.
Consummation means the occurrence of the Effective Date.
Share Exchange has the meaning set forth in Section 2.1.
Company Merger has the meaning set forth in the recitals hereto.
Private Exchange means the offer by the Company, pursuant to a Registration Rights Agreement, to the Initial Purchasers to issue and deliver to each Initial Purchaser, in exchange for the Initial Securities held by the Initial Purchaser as part of its initial distribution, a like aggregate principal amount of Private Exchange Securities.
Applicable Exchange means the New York Stock Exchange or such other securities exchange as may at the applicable time be the principal market for the Common Stock.
Plan of Conversion has the meaning given such term in Section 14.1.
Primary Exchange means, with respect to each Index constituent or each constituent underlying a Successor Index, the primary exchange or market of trading such Index constituent or such constituent underlying a Successor Index.
EC Merger Regulation means Council Regulation (EC) No 139/2004 of January 20, 2004 on the control of concentrations between undertakings, as amended.
Certificate of Merger has the meaning set forth in Section 2.2.
Plan of Merger has the meaning set forth in Section 2.2.
Share Exchange Event shall have the meaning specified in Section 14.07(a).
Bank Merger Agreement has the meaning set forth in Section 6.10.
continental shelf means the continental shelf referred to in section 7 of the Territorial Waters Act, 1963 (Act No. 87 of 1963); (xxxviii)
Effective Time of the Merger means the time as of which the Merger becomes effective, which shall occur on the Funding and Consummation Date.
Merger Transaction means any merger, acquisition or similar transaction involving a recapitalization as contemplated by Rule 10b-18(a)(13)(iv) under the Exchange Act.
Agreement of Merger has the meaning set forth in Section 2.01(b).
Conversion Plan shall have the meaning given to such term in Section 2.05 of this Agreement.
Date of Conversion Conversion Price:_______________________________________________________________ Shares To Be Delivered:_________________________________________________________ Signature:______________________________________________________________________ Print Name:_____________________________________________________________________ Address:________________________________________________________________________
Exchange Offer Registration Statement has the meaning set forth in the Registration Rights Agreement.