Future Securities definition

Future Securities means any issuance of Capital Stock in a financing transaction (other than an underwritten public offering), a purpose of which is raising capital, at a price which is less than ninety percent (90%) of the 10-day average closing price of Common Stock as reported by the Bloomberg Professional Service (x) established on the date on which Notice (as defined below) is delivered to members of the Investor Shareholder Group, if the issuance is to be sold at a price which has been established prior to the date of such Notice, or (y) on the day immediately prior to the closing date of such transaction if the price has not been established prior to Notice. Notwithstanding anything to the contrary, the term "Future Securities" does not include: (i) shares of Common Stock issued or issuable to officers, directors and employees of, or consultants to, the Company pursuant to stock grants, option plans, purchase plans or other employee stock incentive programs or arrangements approved by the Board and, if required, an Investor Director pursuant to Section 2.1(d) hereof and the shareholders of the Company; (ii) shares of Common Stock issued upon the exercise or conversion of options or convertible securities of the Company outstanding as of the date of this Agreement, as set forth on Schedule 3.3(a) hereto; (iii) shares of Capital Stock issued or issuable to banks, equipment lessors or other financial institutions pursuant to a commercial leasing or secured debt financing transaction in the ordinary course of business approved by the Board and, if required, an Investor Director pursuant to Section 2.1(d) hereof; and (iv) shares of Capital Stock of the Company which are issued or issuable pursuant to and in connection with a strategic transaction or an acquisition or other business combination approved by a the Board and, if required, an Investor Director pursuant to Section 2.1(d) hereof.
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Future Securities has the meaning set forth in Section 2.01 of this Seventh Supplemental Indenture.
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Future Securities shall have the meaning set forth in Section 3.2.
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Examples of Future Securities in a sentence

  • In the case of Mini Future Securities, a "stop loss event" occurs if the value of the Relevant Underlying is less than or equal to the current stop loss level (in the case of Mini Future Long Securities) or greater than or equal to the current stop loss level (in the case of Mini Future Short Securities).

  • If and for so long as the Operating Partnership guarantees the Notes or any Future Securities, it shall agree in the supplemental indenture that it shall waive and shall not in any manner whatsoever claim or take the benefit or advantage of any right of reimbursement, indemnity or subrogation or any other right as a result of any payment by the Operating Partnership under any Operating Partnership Guarantee until the Notes, or such Future Securities, have been paid in full.

  • Any such Operating Partnership Guarantee shall provide that holders of the Notes and any Future Securities shall be entitled to proceed directly against the Operating Partnership without exercising their remedies against any other obligor.

  • Once the Rollover has been completed, in respect of Mini Future Securities or Turbo Securities the Current Financing Level shall be adjusted on the basis of the prices for the new future contract.

  • Mini Future Securities, Constant Leverage Securities and Turbo Securities enable investors to participate in any gains or falls in the value of the Relevant Underlying by investing only part of the value of the Relevant Underlying with the remaining portion financed by the Issuer (this is represented by the Current Financing Level).

  • The leverage for Mini Future Securities and Turbo Securities is not fixed and will vary from day to day.

  • Investors should carefully consider Part 2 – Additional Terms and Conditions, Section 1 (Additional Terms and Conditions for Mini Future Securities), Section 2 (Additional Terms and Conditions for Constant Leverage Securities), Section 3 (Additional Terms and Conditions for Tracker Securities) or Section 4 (Additional Terms and Conditions for Turbo Securities), as applicable to a relevant Type of Security, for details on how any such fees accrue.

  • And several statutes deal with broad “adverse effects,” such as section 522(e)(3), NEPA (cumula- tive effects), or ONRWs (degradation).

  • A member of the Investor Shareholder Group's pro rata share, for purposes of this right of first refusal, is the ratio of the number of shares of Common Stock owned by such Person immediately prior to the issuance of Future Securities to the total number of shares of Common Stock outstanding immediately prior to the issuance of Future Securities.

  • In addition, receiver operating characteristic (ROC) analysis was performed on the PWB-based validation data and the area under the curve (AUC) was estimated to assess the accuracy of the identified biomarkers, both individually and combined, in discriminating between lung cancer patients and controls.All statistical analyses were conducted using R program language v2.10.


More Definitions of Future Securities

Future Securities has the meaning set forth in Article Two of this Fifth Supplemental Indenture.
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Future Securities means any issuance of Capital Stock in a financing transaction (other than an underwritten public offering), a purpose of which is raising capital, at a price which is less than ninety percent (90%) of the 10-day average closing price of Common Stock as reported by the Bloomberg Professional Service (x) established on the date on which Notice (as defined below) is delivered to members of the Investor Shareholder Group, if the issuance is to be sold at a price which has been established prior to the date of such Notice, or (y) on the day immediately prior to the closing date of such transaction if the price has not been established prior to Notice. Notwithstanding anything to the contrary, the term "FUTURE SECURITIES" does not include:
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Future Securities has the meaning set forth in Article III.
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Future Securities means all future securities, assets, rights, title, interest and claims the Pledgor has or will have in relation to the Pledged Account, and all amounts now or in the future credited or accrued on the Pledged Account, including, for the avoidance of doubt, cash and other rights and the property held therein or credited thereto and the proceeds and products thereof and property received, receivable or otherwise distributed in respect of the Pledged Account and the assets held therein and any assets from time to time subject, or expressed to be subject, to the Pledge created or expressed to be created by or pursuant to this Agreement or any part of those assets, including cash, assets or securities derived from the Securities (whether by way of redemption, liquidation, bonus, preference, option, substitution, conversion or otherwise) or from the proceeds thereof.
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Future Securities shall have the meaning set forth in SECTION 3.2.
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Related to Future Securities

  • indenture securities means the Notes.

  • other indenture securities means securities upon which the Company is an obligor (as defined in the Trust Indenture Act) outstanding under any other indenture (i) under which the Trustee is also trustee, (ii) which contains provisions substantially similar to the provisions of this Section 613, and (iii) under which a default exists at the time of the apportionment of the funds and property held in such special account;

  • indenture securityholder means a Securityholder.

  • on the indenture securities means the Issuer and any other obligor on the indenture securities. All other TIA terms used in this Indenture that are defined by the TIA, defined by TIA reference to another statute or defined by Commission rule have the meaning assigned to them by such definitions.

  • indenture security holder means a Noteholder.

  • Indenture Secured Parties means the Noteholders.

  • obligor on the indenture securities means the Company or any other obligor on the Securities. All other terms used in this Indenture that are defined by the TIA, defined in the TIA by reference to another statute or defined by SEC rule have the meanings therein assigned to them.

  • Permitted Cure Securities means any equity securities of the Borrower, Holdings or any Parent Entity issued pursuant to the Cure Right other than Disqualified Stock.

  • Permitted Cure Security means an equity security of the Borrower having no mandatory redemption, repurchase or similar requirements prior to 91 days after the Latest Maturity Date of all Classes of Loans or Commitments, and upon which all dividends or distributions (if any) shall be payable solely in additional shares of such equity security.

  • indenture to be qualified means this Indenture.

  • Delaware Secretary means the Secretary of State of the State of Delaware.

  • Institutional means land, buildings, structures or any part thereof used by any organization, group or association for promotion of charitable, educational or benevolent objectives and not for profit or gain;

  • Fire Service means any deployment of firefighting personnel and/or equipment to extinguish a fire or perform any preventative measure in an effort to protect equipment, life, or property in an area threatened by fire. It also includes the deployment of firefighting personnel and/or equipment to provide fire suppression, rescue, extrication, and any other services related to fire and rescue as may occasionally occur.

  • the qualifying period means the period of 12 years immediately preceding the date of publication of the advertisements referred to in paragraph (A)(iv) above or of the first of the two advertisements to be published if they are published on different dates; and

  • pre-qualification means a screening process designed to ensure that invitations to bid are confined to capable providers;

  • Obligor on the indenture securities means the Company and any other obligor on the indenture securities. All other TIA terms used in this Indenture that are defined by the TIA, defined by TIA reference to another statute or defined by SEC rule have the meanings assigned to them by such definitions.

  • Institutional Holder means any insurance company, bank, savings and loan association, trust company, investment company, charitable foundation, employee benefit plan (as defined in ERISA) or other institutional investor or financial institution.

  • Private Securities Transaction means any securities transaction relating to new offerings of securities which are not registered with the Securities and Exchange Commission, provided however that transactions subject to the notification requirements of Rule 3050 of the Financial Industry Regulatory Authority’s (FINRA) Conduct Rules, transactions among immediate family members (as defined in the interpretation of the FINRA Board of Governors on free-riding and withholding) for which no associated person receives any selling compensation, and personal securities transactions in investment company and variable annuity securities shall be excluded.

  • Private Securities has the meaning set forth in Annex A hereto.

  • Derivative Securities means any securities or rights convertible into, or exercisable or exchangeable for (in each case, directly or indirectly), Common Stock, including options and warrants.

  • under common control with means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, as trustee or executor, as general partner or managing member, by Contract or otherwise, including the ownership, directly or indirectly, of securities having the power to elect a majority of the board of directors or similar body governing the affairs of such Person.

  • Rule 424 means Rule 424 promulgated by the Commission pursuant to the Securities Act, as such Rule may be amended or interpreted from time to time, or any similar rule or regulation hereafter adopted by the Commission having substantially the same purpose and effect as such Rule.

  • Indenture Notes means the Notes.

  • Rule 3a-5 means Rule 3a-5 under the Investment Company Act.

  • Pre-Qualifying Criteria means the criteria set out in clause 27.3 of this Part C.

  • Core Services means the services described in the Main Agreement that BNYM is obligated to perform for Company (for clarification: excluding the products and services provided pursuant to this Schedule C).