Hercules Shares definition

Hercules Shares has the meaning set forth in Section 2.4.
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Hercules Shares means the shares of common stock and variable capital stock of Hercules.
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Hercules Shares shall have the meaning set forth in the preamble hereto.
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Examples of Hercules Shares in a sentence

  • MHE and one of its Subsidiaries shall purchase all of the Hercules Shares from HCHC and HMH for an aggregate price of $2 million payable in immediately available funds.

  • In consideration for payment of the Cash Payment, issuance of the Hercules Shares and assumption of the Assumed Liabilities by Purchasers, Sellers shall cause the Plan of Reorganization to contain a mutual release provision by Sellers in favor of Purchasers and by Purchasers in favor of Sellers on terms mutually acceptable to the Parties.

  • If, between the date of this Agreement and the Closing, any Rig is damaged (other than ordinary wear and tear), but such damage is less than the Casualty Loss Amount, then the number of Hercules Shares shall be reduced in accordance with Section 2.5(c)(ii); provided, however, that for the avoidance of doubt in no event shall any such reduction in the number of Hercules Shares be made for ordinary wear and tear occurring prior to the Closing.

  • Such price shall be paid to HCHC and HMH pro rata based on their ownership of the Hercules Shares.

  • The Hercules Shares when issued in accordance with the provisions of this Agreement will be validly issued, fully paid, and nonassessable, free and clear of all Liens (except for restrictions on transfer imposed by applicable federal or state securities Laws).

  • Sellers agree not to distribute, transfer or assign, or permit to be distributed, transferred or assigned, any of (a) the Hercules Shares containing the last legend specified in Section 3.4(a) prior to the determination of the Final Closing Net Working Capital and (b) any of the Hercules Shares other than pursuant to, and in accordance with the Plan of Reorganization.

  • Subject to the other terms of this Agreement, the aggregate consideration for the Purchased Assets shall consist of (a) 22,321,425 shares of Hercules Common Stock (the “Hercules Shares”) and (b) cash in an amount equal to $25,000,012 (the “Cash Payment” and, together with the Hercules Shares, the “Aggregate Consideration”).

  • Hercules Parent has taken all corporate action necessary to authorize the issuance and delivery of the Hercules Shares.

  • None of the Hercules Shares issued pursuant to this Agreement will, upon issuance, be subject to any preemptive rights, rights of first refusal, or other rights to purchase the Hercules Shares (whether in favor of Purchasers or any other Person), except as provided under Hercules Parent’s charter.

  • SPG represents that it will not distribute or transfer any of the Hercules Shares, in the United States except in compliance with applicable federal and state securities laws, and only in compliance with the applicable provisions and restrictions set forth in the Stockholders Agreement.

Related to Hercules Shares

  • Series F Preferred Shares means the Series F Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • A Shares means a participating share of no par value in the capital of the Fund, denominated in US Dollars;

  • Series C Shares means the shares of Fixed Rate Cumulative Perpetual Preferred Stock, Series C, of the Company.

  • Series B Shares means the shares of Fixed Rate Cumulative Perpetual Preferred Stock, Series B, of the Company.

  • Coop Shares Shares issued by a Cooperative Corporation.

  • Preferred Shares means shares of Series A Junior Participating Preferred Stock, par value $.01 per share, of the Company having the rights and preferences set forth in the Form of Certificate of Designations attached to this Agreement as Exhibit A.

  • Per Share Stock Consideration has the meaning set forth in Section 3.01(a)(i).

  • Series A Shares means the Company’s Series A Preferred Stock, par value $0.01 per share.

  • Common Stock Consideration has the meaning set forth in Section 1.6(b).

  • Series B Preferred Shares means the Series B Preferred Shares of the Company, par value US$0.0001 per share.

  • Series F Preferred Stock means shares of the Company’s Series F Preferred Stock, par value $0.0001 per share.

  • Series E Preferred Shares means the Series E Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • Series C Preferred Shares means the Company’s series C preferred shares, par value US$0.00001 per share.

  • Series B Stock means the Company's Series B Convertible Preferred Stock, par value $0.000001 per share.

  • Series D Preferred Shares means the Company’s series D preferred shares, par value US$0.00001 per share.

  • Management Shares means a management share in the capital of the ICAV which shall have the right to receive an amount not to exceed the consideration period for such Management Share.

  • Additional Ordinary Shares means Ordinary Shares issued by the Guarantor following the issuance of the Subscribed Ordinary Shares;

  • B Shares means a participating share of no par value in the capital of the Fund, denominated in Euro(s);

  • Series H Preferred Stock means the Corporation's Series H Convertible Preferred Stock, par value $0.004 per share.

  • Designated Preferred Stock means Preferred Stock of the Issuer or any direct or indirect parent of the Issuer (other than Disqualified Stock), that is issued for cash (other than to the Issuer or any of its Subsidiaries or an employee stock ownership plan or trust established by the Issuer or any of its Subsidiaries) and is so designated as Designated Preferred Stock, pursuant to an Officer’s Certificate, on the issuance date thereof.

  • Series A Stock means the Company's Series A Convertible Redeemable Preferred Stock, par value $.005 per share.

  • Series A Preferred Shares means the Series A Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • Co-op Shares Shares issued by private non-profit housing corporations.

  • Settlement Shares With respect to any Settlement Date, a number of Shares, not to exceed the Base Amount, designated as such by Party B in the related Settlement Notice or by Party A pursuant to “Termination Settlement” below; provided that on the Maturity Date the number of Settlement Shares shall be equal to the Base Amount on such date.

  • Stock Consideration has the meaning set forth in Section 2.01(c).

  • Series B Preferred Stock means shares of the Company’s Series B Preferred Stock, par value $0.0001 per share.