Loss Shares definition

Loss Shares means any shares of Class A Common Stock issued by the Corporation in a primary offering (other than an IPO) in accordance with the provisions of this Certificate of Incorporation and the proceeds of which are intended to be used to satisfy any liabilities in respect of any of the Covered Litigation and which are designated by the Board of Directors as “Loss Shares”.
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Loss Shares means Parent Common Stock with a fair value per share that is equal to the Deemed NAV of Parent per share, immediately after the Closing Time, which shall be the Final Combined Value; provided, that if Parent does not have a sufficient number of authorized and unreserved shares of Parent Common Stock, then Parent shall take such action as may be necessary in order to amend its articles of incorporation to increase its authorized common stock such that there will be sufficient authorized common stock available for Parent to issue the Loss Shares hereunder or use its authorized and unissued preferred stock.
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Loss Shares means Parent Common Stock with a fair value that is equal to the Net Asset Value of Parent, immediately after the Effective Time, which shall be the sum of the Closing NAV of Gadsden and the Closing NAV of Parent as adjusted in accordance with Section 5.10(c); provided, that if Parent does not have a sufficient number of authorized and unreserved shares of Parent Common Stock, then Parent shall take such action as may be necessary in order to amend its articles of incorporation to increase its authorized common stock such that there will be sufficient authorized common stock available for Parent to issue the Loss Shares hereunder or use its authorized and unissued preferred stock
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Examples of Loss Shares in a sentence

  • Except as the Corporation may otherwise agree pursuant to contract, the Corporation shall be entitled to sell Loss Shares at any time and for any reason, and on such terms as the Board may determine in its sole discretion; provided that the proceeds of any such sale, net of any underwriting discounts and commissions, shall be deposited in the Escrow Account in accordance with the provisions of the Escrow Agreement.

  • Notwithstanding the foregoing, the Corporation shall not sell Loss Shares or designate Loss Funds, in each case, in an amount which, taken cumulatively with all other Loss Shares issued and Loss Funds designated, will reduce the Applicable Conversion Rate to a number that is less than zero (0).

  • Except as the Corporation may otherwise agree pursuant to contract, the Corporation shall be entitled to sell Loss Shares at any time and for any reason, and on such terms as the Board may determine in its sole discretion; provided that the net proceeds of any such sale shall be deposited in the Escrow Account in accordance with the provisions of the Escrow Agreement.

  • No funds of the Corporation shall be held in the Escrow Account or otherwise co-mingled with the funds in the Escrow Account other than (i) the Escrow Amount, (ii) any funds deposited into the Escrow Account from the proceeds of any sale of any Loss Shares in accordance with Section 4.26 of this Certificate of Incorporation, and (iii) any Loss Funds deposited into the Escrow Account in accordance with Section 4.28 of this Certificate of Incorporation.

  • Our proposed metrics, the Loss Shares, LS, falls into the category of dynamic price discovery measures and represents a modification of the metrics by Yan and Zivot (2007) which makes them bounded in the [0,1] interval.Price discovery and trading activity (and more generally, liquidity conditions) are intimately related (Brandt and Kavajecz, 2004; Eun and Sabherwal, 2003; Chakravarty et al., 2004).

  • The following reconciles the numerators and denominators of the basic and diluted earnings per share ("EPS") computations (in thousands, except per share data): FOR THE YEAR ENDED DECEMBER 31, 1999 1998 1997 Net Per Net Per Net Per Income Shares Share Loss Shares Share Loss Shares Share BASIC EPS:Income (loss) available to common shareholders ......$ 8,29121,587$0.38$(10,189)21,548$(0.47)$(13,066)21,393$(0.61)EFFECT OF DILUTIVE SECURITIES:Stock options(1) ...........

  • Accumulated Other Compre- Unearned Total Common Capital Retained hensive ESOP Shareholders' Stock Surplus Earnings Income (Loss) Shares Equity ------------------------------------------------------------------------------------------------------------------------------------ Balances at January 1, 1997 ..............

  • The Group has the following financial assets: Financial Assets at Fair Value through Profit or Loss Shares held for trading have been classified as financial assets at fair value through profit or loss.

  • Earnings Per Share (Continued) For the For theNine Months Ended Nine Months Ended June 25, 2010 June 26, 2009Per Share Per ShareIncome Shares Amount Loss Shares AmountBasic earnings per share attributable to Tyco common shareholders:Income (loss) from continuing operations .

  • Basic and diluted earnings per share for the three months ended March 31, 2000 and 1999 were determined as follows: For the Three Months Ended March 31, 2000 1999 Income Per Income Per (Loss) Shares Share (Loss) Shares Share Basic Earnings Per Share: Income (Loss)..........................

Related to Loss Shares

  • Excess Shares shall have the meaning set forth in Section 3.1(a).

  • Common Warrant Shares means the shares of Common Stock issuable upon exercise of the Common Warrants.

  • Pre-Funded Warrant Shares means the shares of Common Stock issuable upon exercise of the Pre-Funded Warrants.

  • Consideration Shares has the meaning ascribed thereto in Section 2.2.

  • Buyer Shares means the common stock, with a par value of $0.0001 per share, of Buyer.

  • Prefunded Warrant Shares means the shares of Common Stock issuable upon exercise of the Prefunded Warrants.

  • Warrant Shares means the shares of Common Stock issuable upon exercise of the Warrants.

  • VMTP Shares has the meaning set forth in the preamble to this Agreement.

  • ASA Shares has the meaning set forth in 2.4(a).

  • 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.

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

  • Payment Shares has the meaning set forth in Section 2.02;

  • 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.

  • 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.

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

  • Merger Shares has the meaning set forth in Section 2.2(c).

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

  • Escrowed Shares has the meaning set forth in Section 2.4.

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

  • Purchased Shares has the meaning set forth in Section 2.01.

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

  • SpinCo Shares means the shares of common stock, par value $0.01 per share, of SpinCo.

  • Plan Shares means the total number of Common Shares which may be reserved for issuance as Optioned Shares under the Plan as provided in §2.2;

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

  • Option Shares shall have the meaning ascribed to such term in Section 2.2(a).

  • Shares means the shares of Common Stock issued or issuable to each Purchaser pursuant to this Agreement.