Fully Exercising Investor definition

Fully Exercising Investor shall have the meaning set forth in Section 4.2.

Fully Exercising Investor has the meaning set forth in Section 8.1(b);

Fully Exercising Investor shall have the meaning specified in Section 2.2.

Examples of Fully Exercising Investor in a sentence

• The Company shall promptly, in writing, inform each Investor which elects to purchase all the Shares available to it ("Fully Exercising Investor") of any other Investor which does not elect to purchase all of the Shares available to such other Investor ("Non-Fully Exercising Investor").

• The number of Over-Allotment Shares that may be purchased by each Fully Exercising Investor shall equal (x) the number of shares of Common Stock and the number of shares of Common Stock issued or issuable upon conversion of Preferred Stock then held by such Fully Exercising Investor, divided by (y) the number of shares of Common Stock and the number of shares of Common Stock issued or issuable upon conversion of Preferred Stock then held by all Fully Exercising Investors.

• After the PR Period, the Company shall deliver an over-allotment notice to each Fully Exercising Investor to inform them of the aggregate number of Over-Allotment Issuance Shares that are available for over-allotment.

• In the event that Executive shall become Disabled, the Company shall have the right to terminate this Agreement, such termination to be effective upon the giving of notice thereof to Executive in accordance with Section 6.03 hereof.

• During the ten (10) day period commencing after the Company has given such notice, each Fully Exercising Investor may, by giving notice to the Company, elect to purchase or acquire, in addition to the ROFR Shares, such Over-Allotment Shares.

More Definitions of Fully Exercising Investor

Fully Exercising Investor shall have the meaning set forth in Section 3.1 hereof.

Fully Exercising Investor has the meaning given to that term in Section 4.4 of this Agreement.

Fully Exercising Investor has the meaning given to it in Article 67(b).

Fully Exercising Investor shall have the meaning set forth in Section 5.1(b)(ii).

Fully Exercising Investor shall have the meaning set forth in Section 3.1 hereof. "Holder" means a registered holder of record of outstanding Eligible Securities or securities convertible into or exercisable for, directly or indirectly, Eligible Securities. "Investors" shall have the meaning set forth in the preamble hereto. "Leaf Mountain" means Leaf Mountain Company, LLC, an Illinois limited liability company. "Notice" shall have the meaning set forth in Section 3.1 hereof. "Parties" shall have the meaning set forth in the preamble hereto. "Person" means and includes an individual, a corporation, a limited liability company, an association, a partnership, a trust or estate, a government or any department or agency thereof. "Piggyback Request" shall have the meaning set forth in Section 2.2(a) hereof. "Qualified Primary Offering" means a firmly underwritten primary registered public offering of the Common Stock by the Company that raises at least $35 million in gross proceeds at a price of at least $5.00 per share (as adjusted for stock splits, stock combinations, recapitalizations and the like). "Redemption and Exchange Agreement" shall have the meaning set forth in the fourth WHEREAS clause of this Agreement. "Registration Request" shall have the meaning set forth in Section 2.1 hereof. "Requesting Holder" shall have the meaning set forth in Section 2.1 hereof. "Rule 144" means Rule 144 promulgated by the Commission under the Securities Act, as in effect from time to time. "Securities Act" means the Securities Act of 1933, as amended, and any similar or successor federal statute, and the rules and regulations of the Commission thereunder, all as the same may be in effect at the time. "Securities Purchase Agreement" means that certain Securities Purchase Agreement, dated as of July 31, 2001, by and among the Company, certain of the Investors and certain other Persons, as amended and in effect from time to time. "Series C Securities Purchase Agreement" means that certain Securities Purchase Agreement, dated as of May 31, 2002, between the Company and Xxxxxxx Xxxxxxx, as amended and in effect from time to time. "Series D Securities Purchase Agreement" means that certain Securities Purchase Agreement, dated as of June 27, 2003, by and among the Company and certain of the Investors, as amended and in effect from time to time. "Series E Preferred Stock" shall have the meaning set forth in the fourth WHEREAS clause of this Agreement. "Series E Preferred Stock Warrants" means the warran...

Fully Exercising Investor shall have the meaning as defined in Section 16.1(b).

Fully Exercising Investor means a Major Investor which has subscribed for all Shares offered thereto in connection with an offering pursuant to Section 5 and will be determined on an offering by offering basis.