Investor Common Shares definition

Investor Common Shares means the shares of common stock of the Company acquired by IEH FM Holdings LLC pursuant to (i) that certain Investment Agreement dated as of , 2013, between the Company and IEH FM Holdings LLC (the “Investment Agreement”), including IEH FM Holdings LLC’s obligation to backstop the Company’s rights offering under Section 2.2(a) of the Investment Agreement and (ii) any shareholder rights offering conducted by the Company in accordance with the Investment Agreement.”
Investor Common Shares means the 9,422,627 Common Shares and 6,281,752 Common Shares owned by Blue Ridge and EI, respectively, on the date hereof.
Investor Common Shares means (a) any A Common Shares issued or issuable upon conversion of any Series C Preferred Shares purchased by an Investor pursuant to the Preferred Shares Purchase Agreement and (b) any A Common Shares of the Company which an Investor (or any permitted transferee hereunder) shall be entitled to receive, or shall have received, in connection with any share splits, share dividends or similar events with respect to the Company’s A Common Shares.

Examples of Investor Common Shares in a sentence

  • Upon the terms and subject to the conditions of this Agreement, during the Commitment Period, the Investor, at its sole discretion, shall have the right, but not the obligation, to purchase from the Company, and the Company shall issue and sell to the Investor, Common Shares by the delivery to the Company of Purchase Notices as provided herein.

  • Upon the terms and subject to the conditions of this Agreement, during the Commitment Period, the Investor, at its sole discretion, shall have the right, but not the obligation (except to the extent required by Section 3.01(a)(iv) hereof), to purchase from the Company, and the Company shall issue and sell to the Investor, Common Shares by the delivery to the Company of Purchase Notices as provided herein.

  • The Investor Common Shares shall be authorized -------------- for listing on the Nasdaq Stock Market, subject to notice of issuance.

  • Xcelera has been advised that SEC Rule 144 promulgated -------- under the Securities Act, which permits certain limited sales of unregistered securities in specified circumstances, requires that the Investor Common Shares be held for a minimum of one year (and in some cases longer) after they have been purchased and paid for (within the meaning of Rule 144) before they may be resold under Rule 144.

  • However, the Investor may sell or transfer the Investor Common Shares, the Warrant, any Class B Common Stock issued upon exercise of the Warrant or any Common Stock issued upon conversion thereof to any Affiliate (as defined below) of the Investor during such one year period or any third party thereafter, provided that such Affiliate or third party, as the case may be, agrees in writing to be bound by the obligations of this Agreement.

  • The Investor Common Shares and the ------------------------- Warrant, when issued and sold to the Investors as provided herein, and the Class B Common Stock issuable upon exercise of the Warrant when issued pursuant to the terms thereof and the Common Stock issuable upon conversion of such Class B Common Stock when issued pursuant to the Second Amended and Restated Certificate of Incorporation of the Company will be duly and validly issued, fully paid and nonassessable.

  • The Investor shall have ---------------------------------- purchased the Investor Common Shares.

  • A B Schedule of Investors Plan of Distribution Investor Common Shares Purchase Price Xxxxxx Xxxxxxx LLC 261,261 4,365,671.31 Wynnefield Capital Management LLC 64,000 1,069,440.00 LBI Group, Inc.

  • The Company shall have obtained ------------------------- all necessary permits and qualifications, if any, required by any state or country or secured an exemption therefrom, for the issuance of the Warrant and sale of the Investor Common Shares.

  • A copy of the resolutions of the Board of ----------------- Directors and, if required, the stockholders of the Investor evidencing the approval of this Agreement, the Investors' Rights Agreement, the Co-Sale Agreement, the Registration Rights Agreement, the Letter Agreement and the Voting Agreement, the issuance of the Investor Common Shares and the other matters contemplated hereby, certified by the Secretary of the Investor to be true, complete and correct.


More Definitions of Investor Common Shares

Investor Common Shares means (a) any A Common Shares purchased by the Investor pursuant to the Common Shares Purchase Agreement and any A Common Shares issued or issuable upon conversion of (i) any Series B Preferred Shares purchased by the Investor pursuant to this Agreement or (ii) any PIK Dividend Shares issued to the Investor (or any permitted transferee hereunder) and (b) any A Common Shares of the Company which the Investor (or any permitted transferee hereunder) shall be entitled to receive, or shall have received, in connection with any share splits, share dividends or similar events with respect to the Company's A Common Shares.
Investor Common Shares when used in this agreement shall refer to the maximum number of shares of Common Stock that would be issuable pursuant to the conversion of the 300,000 Investor Series B Shares, pursuant to the Company's certificate of incorporation, as amended, including, without limitation, the certificate of designation relating to the Series B Preferred Stock (the "Certificate of Incorporation"), at the time of the consummation of a Valuation Transaction (as defined in section 3(c) below) (regardless of whether any or all such Investor Series B Shares are then outstanding). The Stockholders wish to provide the Investors with certain contingent rights to the shares of Common Stock they are delivering to an escrow agent (the "Escrow Agent") pursuant to the escrow agreement in the form attached as Exhibit A to this agreement (the "Escrow Agreement"). It is therefore agreed as follows:
Investor Common Shares means all of the shares of Common Stock issued or issuable upon conversion of the 300,000 shares of Series B Preferred Stock and upon conversion of the 65,000 shares of Series Z Preferred Stock (regardless of whether any or all of such shares remain outstanding) issued on or substantially contemporaneous with this agreement (after giving effect to all adjustments made through the time of any such determination pursuant to the Certificate of Designation with respect to the Series B Preferred Stock and the Series Z Preferred Stock and, without duplication, as a result of stock splits, stock combinations, stock dividends and other similar events affecting Common Stock effective through the relevant date).
Investor Common Shares has the meaning set forth in the Recitals above.
Investor Common Shares means (a) any A Common Shares purchased by the Investor pursuant to the Common Shares Purchase Agreement and any A Common Shares issued or issuable upon conversion of (i) any Series B Preferred Shares purchased by the Investor pursuant to the Preferred Shares Purchase Agreement or (ii) any PIK Dividend Shares (as defined in the Preferred Shares Purchase Agreement) issued to the Investor (or any permitted transferee hereunder) and (b) any A Common Shares of the Company which the Investor (or any permitted transferee hereunder) shall be entitled to receive, or shall have received, in connection with any share splits, share dividends or similar events with respect to the Company's A Common Shares.

Related to Investor Common Shares

  • Common Shares means the common shares in the capital of the Corporation;

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

  • Amalco Common Shares means the common shares in the capital of Amalco;

  • New Common Shares means the common stock or common equity of Reorganized XOG to be issued on the Effective Date.

  • Class B Common Shares means the Class B Convertible Voting Common Shares of the Company, par value $1.00 per share.

  • A Shares means shares issued by companies incorporated in the PRC and listed on the SSE or the SZSE, traded in RMB and available for investment by domestic investors through Stock Connect.

  • Class A Common Shares means class A common shares of a nominal or par value of US$0.00001 each in the capital of the Company having the rights provided for in the Memorandum and Articles of Association, and any shares into which such class A common shares may be converted.

  • Old Common Stock means the Company's common stock, par value $.01 per share, outstanding as of the date of the Company's filing of the petition commencing the Chapter 11 Case.

  • Series A Common Stock means the Series A Common Stock, par value $0.01 per share, of the Company.

  • New Common Stock means shares of Common Stock and/or securities convertible into, and/or other rights exercisable for, Common Stock, which are offered or sold in a New Transaction.

  • Common Stock means the common stock of the Company, par value $0.001 per share, and any other class of securities into which such securities may hereafter be reclassified or changed.

  • Ordinary Shares means the ordinary shares, par value $0.0001 per share, of the Company.

  • Amalco Shares means the common shares in the capital of Amalco;

  • Series B Common Stock means the Series B Common Stock, par value $0.01 per share, of the Company.

  • Investor Shares shall have the meaning given in the Recitals hereto.

  • Underlying Common Stock means the Common Stock into which the Notes are convertible or issued upon any such conversion.

  • Acquiror Common Stock means the common stock, $0.001 par value per share, of Acquiror.

  • Offering Shares means the shares of Common Stock included in the Units issued pursuant to this Agreement and Investor Warrant Shares.

  • Parent Common Shares means the common shares of beneficial interest, $0.01 par value per share, of Parent.

  • Investor Warrants has the meaning given it in the recitals of this Agreement.

  • Holdings Common Stock means the common stock of Holdings, par value $.01 per share.

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

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

  • A Ordinary Shares means the ‘A’ ordinary shares of £1.00 each in the capital of the Company;

  • 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.

  • Parent Shares means the shares of common stock, par value $1.00 per share, of Parent.