Freely Tradeable Shares means any shares of Common Stock which, at the time of issuance thereof, (i) are duly authorized, validly issued, fully paid and non-assessable; (ii) are eligible for resale by the Lenders without limitation or restriction, including any volume limitations, under state or Federal securities laws pursuant to Rule 144 under the Securities Act or an effective Registration Statement; and (iii) do not bear, and are not subject to, any restrictive legend, stop transfer or similar restriction.
Freely Tradeable Shares means Common Shares which, at the time of issuance thereof, (i) are duly authorized, validly issued, fully paid and non-assessable, (ii) are eligible for resale by the Holder, without limitation or restriction (including any volume limitation or current public information requirement) under state or federal securities laws, pursuant to Rule 144 under the Securities Act or are the subject of an effective registration statement under the Securities Act covering the resale thereof, as provided for in the Registration Rights Agreement, and (iii) do not bear, and are not subject to, any restrictive legend, stop transfer or similar restriction (assuming in the case of clauses (ii) and (iii), that such holder is not at the time of such conversion, and has not during the three (3) months immediately prior thereto been, an Affiliate of the Company).
Freely Tradeable Shares means Shares that, at the time of issuance thereof, (i) are duly authorized, validly issued, fully paid and non-assessable, (ii) are the subject of an effective registration statement that is available for the resale thereof, as provided for in the Registration Rights Agreement, and (iii) do not bear, and are not subject to, any restrictive legend, stop transfer or similar restriction.
Examples of Freely Tradeable Shares in a sentence
The Corporation shall satisfy its Interest Obligation on the Debentures on each Interest Payment Date (including, for greater certainty, following conversion or redemption or on the Maturity Date) by delivering: (i) cash for two-thirds of the Interest then due (equal to 5% per annum); and (ii) Freely Tradeable Shares for one-third of the Interest then due (equal to 2.5% per annum).
The Corporation shall confirm by the end of the business day before the Interest Payment Date by Officer’s Certificate compliance with the above noted conditions for issuance of the Freely Tradeable Shares, and confirm the Current Market Price and the number of Freely Tradeable Shares to be issued in connection with the Interest Payment Date.
Following the delivery of any Conversion Notice (as defined in the Notes) the Borrower shall not deliver a Share Issuance Notice that provides for the satisfaction of principal through the issuance of Freely Tradeable Shares until ten (10) Trading Days following the issuance of Conversion Shares pursuant to such Conversion Notice.
Basically the principles were to use: keys of no more than two accidentals, a high proportion of step-wise movement, intervals of no more than a fifth, phrases of usually no more than four bars, rhythms consisting of mainly quavers, crotchets and minims (although with some syncopation at times), and moderate tempi.
The Borrower may elect in lieu of paying in cash the principal payment otherwise due and payable hereunder on an applicable payment date set forth in Section 2.3(a), to satisfy such principal payments in Freely Tradeable Shares pursuant to the terms ofExhibit 2.3 attached to the Second Amendment.
More Definitions of Freely Tradeable Shares
Freely Tradeable Shares means shares of Common Stock which, at the time of issuance thereof, (i) are duly authorized, validly issued, fully paid and non-assessable; (ii) are eligible for resale by the Payee without limitation or restriction, including any volume limitations, under state or federal securities laws pursuant to Rule 144 under the Securities Act or an effective registration statement; and (iii) do not bear, and are not subject to, any restrictive legend, stop transfer or similar restriction.
Freely Tradeable Shares means any shares of Common Stock which, at the time of issuance thereof, (i) are duly authorized, validly issued, fully paid and non-assessable; (ii) are eligible for resale by the Lenders, without limitation or restriction (including any volume limitation, but excluding any current public information requirement for so long as such current public information requirement is satisfied) under state or Federal securities laws, pursuant to Rule 144 under the Securities Act; and (iii) do not bear, and are not subject to, any restrictive legend, stop transfer or similar restriction.
Freely Tradeable Shares means shares of Common Stock which, at the time of issuance thereof, (i) are duly authorized, validly issued, fully paid and non-assessable, (ii) are (A) eligible for resale by a Holder of the Notes, without limitation or restriction (including any volume limitation or current public information requirement) under state or federal securities laws, pursuant to Rule 144 under the Securities Act or (B) the subject of an effective registration statement under the Securities Act covering the resale thereof and then available therefor, as provided for in the Registration Rights Agreement; provided, that in the case of shares of Common Stock issuable upon exercise of the Warrants, such shares shall only be deemed Freely Tradeable Shares if the condition specified in this clause (ii)(B) is satisfied (and, for the avoidance of doubt, clauses (i) and (iii) of this definition are also satisfied) and (iii) do not bear, and are not subject to, any restrictive legend, stop transfer or similar restriction (assuming in the case of clauses (ii) and (iii), that such Holder of the Notes is not at the time of such conversion, and has not during the three (3) months immediately prior thereto been, an Affiliate of the Company).
Freely Tradeable Shares means shares of Common Stock which, at the time of issuance thereof, (i) are duly authorized, validly issued, fully paid and non-assessable, (ii) are (A) eligible for resale by a Holder of the Notes, without limitation or restriction (including any volume limitation or current public information requirement) under state or federal securities laws, pursuant to Rule 144 under the Securities Act or (B) the subject of an effective registration statement under the Securities Act covering the resale thereof and then available therefor, as provided for in the Registration Rights Agreement; provided, that in the case of shares of Common Stock issuable upon exercise of the Warrants, such shares shall only be deemed Freely Tradeable Shares if the condition specified in this clause (ii)(B) is satisfied (and, for the avoidance of doubt, clauses (i) and (iii) of this definition are also satisfied) and (iii) do not bear, and are not subject to, any restrictive legend, stop transfer or similar restriction (assuming in the case of clauses(ii) and (iii), that such Holder of the Notes is not at the time of such conversion, and has not during the three (3) months immediately prior thereto been, an Affiliate of the Company).
Freely Tradeable Shares has the meaning given to such term in Exhibit 2.3. “GAAP” means generally accepted accounting principles consistently applied as set forth in the opinions and pronouncements of the Accounting Principles Board and the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board (or agencies with similar functions of comparable stature and authority within the accounting profession). “Governmental Authority” means any government, quasi-governmental agency, governmental department, ministry, cabinet, commission, board, bureau, agency, court, tribunal, regulatory authority, instrumentality, judicial, legislative, fiscal, or administrative or public body or entity, whether domestic or foreign, federal, state or local, having jurisdiction over the matter or matters and Person or Persons in question, including, but not limited to the FDA. “Guarantor” means each Subsidiary of the Borrower or other Person who provides a guaranty of the Obligations under the Security Agreement or other Loan Document. 8 141540134
Freely Tradeable Shares means shares of Series DF-1 Preferred Stock which, at the time of issuance thereof, (a)(i) are duly authorized, validly issued, fully paid and non-assessable, (ii) are eligible for resale by the Lenders, without limitation or restriction (including any volume limitation or current public information requirement) under state or Federal securities laws, pursuant to Rule 144 under the Securities Act, and (iii) do not bear, and are not subject to, any restrictive legend, stop transfer or similar restriction, and (b) are convertible into shares of Common Stock which, at the time of issuance thereof upon conversion of such shares of Series DF-1 Preferred Stock, (i) will be duly authorized, validly issued, fully paid and non-assessable, (ii) will be eligible for resale by any holder thereof, without limitation or restriction (including any volume limitation or current public information requirement) under state or Federal securities laws, pursuant to Rule 144 under the Securities Act, and (iii) will not bear, and will not be subject to, any restrictive legend, stop transfer or similar restriction (assuming in the case of clauses (b)(ii) and (b)(iii), that such holder is not at the time of such conversion, and has not during the three (3) months immediately prior thereto been, an Affiliate of the Borrower).
Freely Tradeable Shares means Shares which, at the time of issuance thereof, (i) are duly authorized, validly issued, fully paid and non-assessable, (ii) are eligible for resale by the Holder, without limitation or restriction (including any volume limitation or current public information requirement) under state or federal securities laws, pursuant to Rule 144 under the Securities Act or are the subject of an effective registration statement under the Securities Act covering the resale thereof, as provided for in the Registration Rights Agreement, and (iii) do not bear, and are not subject to, any restrictive legend, stop transfer or similar restriction (assuming in the case of clauses (ii) and (iii), that such holder is not at the time of such conversion, and has not during the three (3) months immediately prior thereto been, an Affiliate of the Company).