Guarantor Common Stock definition

Guarantor Common Stock means the common stock of Guarantor, par value $0.01 per share.

Guarantor Common Stock means the common stock, par value $1.00 per ---------------------- share, of the Guarantor authorized at the date of this instrument as originally executed or shares of any class or classes of common stock resulting from any reclassification or reclassifications thereof; provided, however, that if at any -------- ------- time there shall be more than one such resulting class, the shares so issuable on conversion of Securities in accordance with Section 1201 shall include shares of all such classes, and the shares of each such class then so issuable shall be substantially in the proportion that the total number of shares of such class resulting from all such reclassifications bears to the total number of shares of all such classes resulting from all such reclassifications.

Guarantor Common Stock means the common stock, par value $0.01 per share, of the Guarantor.

Examples of Guarantor Common Stock in a sentence

• The Company's delivery to the Holder of the fixed number of shares of Common Stock (or cash or Guarantor Common Stock in lieu thereof, as provided in this Indenture) into which a Definitive Security is convertible will be deemed to satisfy the Company's obligation to pay the principal amount of the Security.

• The foregoing sentence shall not apply (i) in connection with the sale or other bona fide transfer in a single transaction of all or substantially all of Seller’s capital stock; or (ii) to transfers pursuant to a sale or an offer to purchase one hundred percent (100%) of the outstanding Guarantor Common Stock, whether pursuant to a merger, tender offer or otherwise, to a Third Party or group of Third Parties.

• No fractional shares of the Guarantor Common Stock will be issued upon conversion of this Note.

• Purchaser's Guarantor shall use its commercially reasonable best efforts to cause the shares of Guarantor Common Stock, if any, to be issued under this Agreement to be approved for listing on the New York Stock Exchange, subject to official notice of issuance.

• For as long as necessary under the terms of this Agreement, there will be sufficient authorized but unissued shares to issue the Guarantor Common Stock as contemplated by Section 2.5 of this Agreement and such Guarantor Common Stock, if and when issued, will be duly authorized, validly issued, fully paid and nonassessable.

• For clarity, the initial Conversion Rate from and after the Effective Time will be 150.4466 shares of Guarantor Common Stock.

• WSCS agrees to maintain the confidentiality of all such information to the same extent that the Customer is required to maintain it.

• All of the issued and outstanding shares of Guarantor Common Stock have been duly authorized and validly issued and are fully paid, nonassessable and free of preemptive rights, with no personal liability attaching to the ownership thereof.

• As promptly as practicable on or after the conversion date, the Company or the Guarantor shall issue and shall deliver at such office or agency a certificate or certificates for the number of full shares of Guarantor Common Stock issuable upon conversion, together with payment in lieu of any fraction of a share, as provided in Section 14.03.

• The Company may, in its sole discretion within two Business Days after the Conversion Date, elect to (i) pay cash in respect of all or a portion of the shares of Common Stock otherwise issuable upon the proposed conversion and/or (ii) deliver fully paid, non-assessable shares of Guarantor Common Stock, in respect of all or a portion of the shares of Common Stock otherwise issuable on such conversion, upon such terms and conditions set forth in the Indenture.

More Definitions of Guarantor Common Stock

Guarantor Common Stock has the meaning specified in Section 2.5.

Guarantor Common Stock means the common stock, par value $1.00 per share ----------------------of the Guarantor authorized at the date of this instrument as originally executed or shares of any class or classes of common stock resulting from any reclassification or reclassifications thereof; provided, however, that if at any time there shall be more than one such -------- ------- resulting class, the shares so issuable on conversion of Securities in accordance with Section 1201 shall include shares of all such classes, and the shares of each such class then so issuable shall be substantially in the proportion that the total number of shares of such class resulting from all such reclassifications bears to the total number of shares of all such classes resulting from all such reclassifications. "Guarantor Request" and "Guarantor Order" mean, respectively, a written ----------------- --------------- request or order, as the case may be, signed in the name of the Guarantor by any two Officers or by any Officer and either an Assistant Treasurer or an Assistant Corporate Secretary, of the Guarantor and delivered to the Trustee.

Guarantor Common Stock means the common stock, par value $1.00 per share, of the Guarantor authorized at the date of this instrument as originally executed or shares of any class or classes of common stock resulting from any reclassification or reclassifications thereof; provided, however, that if at any time there shall be more than one such resulting class, the shares so issuable on conversion of Securities in accordance with Section 1201 shall include shares of all such classes, and the shares of each such class then so issuable shall be substantially in the proportion that the total number of shares of such class resulting from all such reclassifications bears to the total number of shares of all such classes resulting from all such reclassifications.

Guarantor Common Stock means any stock of any class of the Guarantor which has no preference in respect of dividends or of amounts payable in the event of any voluntary or involuntary liquidation, dissolution or winding-up of the Guarantor and which is not subject to redemption by the Guarantor. However, subject to the provisions of Article Fourteen, shares issuable on conversion of Securities shall include only shares of the class designated as Guarantor Common Stock at the date of this instrument or shares of any class or classes resulting from any reclassification or reclassifications thereof and which have no preference in respect of dividends or of amounts payable in the event of any voluntary or involuntary liquidation, dissolution or winding-up of the Guarantor and which are not subject to redemption by the Guarantor; provided that, if at any time there shall be more than one such resulting class, the shares of each such class then so issuable shall be substantially in the proportion which the total number of shares of such class resulting from all such reclassifications bears to the total number of shares of all such classes resulting from all such reclassifications.

Guarantor Common Stock means any class of outstanding common stock of the Guarantor as of the Closing Date.