Future Issuance means, without duplication, each (i) borrowing after the Effective Date by an Obligor from any source (including in the debt capital markets or from commercial bank lenders) (other than any other Obligor) of any Indebtedness of the type described in clauses (i), (ii), (x) or (xii) of the definition of "Indebtedness" and (ii) issuance after the Effective Date of any Capital Stock or any warrants, options or other rights to acquire Capital Stock by any Obligor (other than to another Obligor) or the exercise after the Effective Date of any warrants, options or other rights to acquire Capital Stock of any Obligor (other than exercise by another Obligor) other than, in each case, the exercise or issuance of options or similar rights as compensation by or to existing or former officers, directors or employees of an Obligor or cashless exercise of warrants issued by any Obligor; provided, however, that notwithstanding the provisions of clauses (i) and (ii) above, no borrowing, issuance of Capital Stock or exercise or issuance of any warrants, options or other rights to acquire Capital Stock (including any Capital Stock issued pursuant to the terms of such Capital Stock, warrants, options or other rights to acquire Capital Stock) in each case, effected on or around the Effective Date or otherwise in connection with the Consummation of the Plan shall constitute a "Future Issuance" hereunder (including, without limitation, the issuance of shares of Common Stock of Group pursuant to the Convertible Note Offering, the Stock Offering and the Equity Investment Agreements).
Future Issuance means, without duplication, each (i) borrowing after the Closing Date by an Obligor from any source (including in the debt capital markets or from commercial bank lenders) (other than any other Obligor) of any Indebtedness of the type described in clauses (i), (ii) or (x) of the definition of "Indebtedness" other than (A) Indebtedness incurred pursuant to an Exit Liquidity Facility between the Borrower and General Electric Capital Corporation ("GECC") as contemplated by that certain Exit Liquidity Facility Term Sheet dated December 26, 2002, (B) the reinstatement as part of the Consummation of the Plan of the Indebtedness incurred pursuant to that certain Credit Agreement, dated as of November 21, 2001, among the Borrower, Group and GECC, as amended, and (C) Indebtedness incurred as contemplated by that certain GE Engine Services Term Sheet, dated December 26, 2002 and (ii) issuance after the Closing Date of any Capital Stock or any warrants, options or other rights to acquire Capital Stock by any Obligor (other than to another Obligor) or the exercise after the Closing Date of any warrants, options or other rights to acquire Capital Stock of any Obligor (other than exercise by another Obligor) other than, in each case, the exercise or issuance of options or similar rights as compensation by or to existing or former officers, directors or employees of an Obligor or cashless exercise or warrants issued by any Obligor; provided, however, that notwithstanding the provisions of clauses (i) and (ii) above, no borrowing, issuance of Capital Stock or exercise or issuance of any warrants, options or other rights to acquire Capital Stock (including any Capital Stock issued pursuant to the terms of such Capital Stock, warrants, options or other rights to acquire Capital Stock) in each case, effected on or around the Closing Date as part of the Consummation of the Plan shall constitute a "Future Issuance" hereunder.
Future Issuance has the meaning given to that term in Section 4.1 of this Agreement.
Examples of Future Issuance in a sentence
It is our opinion that the Future Issuance Shares, when issued and sold in the manner referred to in the Plans and pursuant to the agreements which accompany the Plans, will be legally and validly issued, fully paid and nonassessable.
Any prepayment of the Loan under this subsection shall be made on the Business Day following the receipt by such Obligor of the proceeds of the applicable Future Issuance.
As your legal counsel, we have reviewed the actions proposed to be taken by you in connection with the issuance and sale of the Future Issuance Shares to be issued under the Plans.
Any prepayment of the Loan under this subsection (c) shall be made on the Business Day following the receipt by such Obligor of the proceeds of the applicable Future Issuance.
Equity Compensation Plans Approved by Stockholders:Employees’ 401(k) Savings andNumber of Shares to be Issued Upon Exercise of Outstanding Options Warrants, and Rights Weighted-Average Exercise Price of Outstanding Options, Warrants and RightsRemaining Available for Future Issuance Under Equity CompensationPlans (Excluding Column (a))Investment Plan .
More Definitions of Future Issuance
Future Issuance means an issuance of Shares which is designated and allocated by resolution at a duly held meeting of the Board of Directors of the Company for issuance to the holders of Series A, Series B, Series C and Series D Preferred Stock less any of such stock issuable to one or more new investors approved by the Board.
Future Issuance means each (i) borrowing by Holdings or the Borrower or any of its respective Subsidiaries from any source, including in the debt capital markets or from commercial bank lenders after the date of this Agreement and (ii) issuance of any Capital Stock by Holdings, the Borrower or any of its Subsidiaries after the date of this Agreement.
Future Issuance means each (i) borrowing by the Company or any of its Restricted Subsidiaries from any source (other than Trade Payables and accrued expenses arising in the ordinary course of business or borrowings from the Company or any of its Restricted Subsidiaries), including in the debt capital markets or from commercial bank lenders, after the Closing Date and (ii) issuance of any Capital Stock (that is not Disqualified Stock) or any warrants, rights, options or other rights that are convertible into or exercisable for Capital Stock (that is not Disqualified Stock) of the Company or any of its Restricted Subsidiaries after the Closing Date, except for issuances of Capital Stock of the Company in connection with the exercise of stock options or similar rights issued as compensation by existing or former officers, directors or employees of the Company or any of its Restricted Subsidiaries.
Future Issuance means each (i) borrowing by the Borrower or Parent or any of their Restricted Subsidiaries from any source (other than Trade Payables and accrued expenses arising in the ordinary course of business or borrowings from the Borrower or Parent or any of their Restricted Subsidiaries), including in the debt capital markets or from commercial bank lenders after the date of this Agreement, and (ii) issuance (other than to the Borrower or Parent or any of their Restricted Subsidiaries) of any Capital Stock or any warrants, options or other rights that are convertible into or exercisable for Capital Stock by the Borrower or Parent or any of their Restricted Subsidiaries after the date of this Agreement, except for issuances of Capital Stock of the Borrower or Parent in connection with (a) the exercise by existing or former officers, directors or employees of the Borrower or Parent or any of their Restricted Subsidiaries of stock options or similar rights issued as compensation, or (b) the exercise of (x) the Warrants and (y) the other warrants and convertible securities issued on or prior to the Closing Date to purchase shares of Common Stock of the Borrower which are set forth on Schedule 1.1 hereof.
Future Issuance means each (i) borrowing by the Borrower or any of its Subsidiaries from any source (other than Trade Payables and accrued expenses arising in the ordinary course of business or borrowings from any of its Subsidiaries), including in the debt capital markets or from commercial bank lenders after the date of this Agreement, and (ii) issuance of any Capital Stock or any warrants, options or other rights that are convertible into or exercisable for Capital Stock by the Borrower or any of its Subsidiaries after the date of this Agreement, except for issuances of Capital Stock of the Borrower in connection with the exercise by existing or former officers, directors or employees of the Borrower or any of its Subsidiaries of stock options or similar rights issued as compensation.
Future Issuance has the meaning ascribed thereto in Section 5.1 hereof.
Future Issuance has the meaning given to that term in Section 4.5(a).