Placing Shares means the 32,313,130 Shares to be issued by the Company pursuant to the Placing;
Offering Shares means the Class A Shares sold in the Offering, whether such Class A Shares were purchased in the Offering or in the secondary market following the Offering and whether or not such holders are affiliates of the Sponsor.
Rights Offering Shares means, collectively, the shares of New Common Stock issued in the Rights Offering.
Investor Shares shall have the meaning given in the Recitals hereto.
Commitment Shares shall have the meaning set forth in Section 12.04.
Investor Warrants has the meaning given it in the recitals of this Agreement.
Private Placement Shares shall have the meaning given in the Recitals hereto.
Lock-Up Securities shall have the meaning set forth in Section 4.1.
Series B Shares means the shares of Fixed Rate Cumulative Perpetual Preferred Stock, Series B, 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.
Note Shares means the shares of Common Stock issuable upon conversion of the Notes.
Private Placement Warrants shall have the meaning given in the Recitals hereto.
Closing Shares shall have the meaning ascribed to such term in Section 2.1(a)(i).
Equity Shares means the Common Shares and any shares of any other class or series of the Corporation which may from time to time be authorized for issue if by their terms such shares confer on the holders thereof the right to participate in the distribution of assets upon the voluntary or involuntary liquidation, dissolution or winding up of the Corporation beyond a fixed sum or a fixed sum plus accrued dividends;
A Shares means a participating share of no par value in the capital of the Fund, denominated in US Dollars;
Key Holder Registrable Securities means (i) the shares of Common Stock held by the Key Holders, and (ii) any Common Stock issued as (or issuable upon the conversion or exercise of any warrant, right, or other security that is issued as) a dividend or other distribution with respect to, or in exchange for or in replacement of such shares.
Series A Shares means shares of Series A Convertible Preferred Stock, par value $0.001 per share, of the Company.
Series B Warrants means, collectively, the Series B Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof and the other Series B Warrants contemplated under Section 2.1 to be issued concurrently at the Closing, which Series B Warrants shall be exercisable beginning immediately and have a term of exercise equal to five (5) years, in the form of Exhibit B-2 attached hereto.
Company Securities has the meaning set forth in Section 3.02(b)(ii).
Initial Shares means a number of Registrable Securities equal to the lesser of (i) the total number of Registrable Securities and (ii) one-third of the number of issued and outstanding shares of Common Stock that are held by non-affiliates of the Company on the day immediately prior to the filing date of the Initial Registration Statement.
Purchaser Securities means the Purchaser Shares, Purchaser Rights, Purchaser Units, Purchaser Warrants, collectively.
Series C Shares means the shares of Fixed Rate Cumulative Perpetual Preferred Stock, Series C, of the Company.
Investor Securities means the securities eligible for registration pursuant to the Registration Rights Agreement.
Qualifying Shares means shares of Common Stock which either (i) have been owned by the Grantee for more than six (6) months and have been “paid for” within the meaning of Rule 144 promulgated under the Securities Act, or (ii) were obtained by the Grantee in the public market.