Maximum Number of Underlying Shares means as of any date the product of (i) the Maximum Conversion Rate on such date and (ii) the sum of (a) the aggregate principal amount of outstanding Notes and (b) prior to the earlier of the expiration and any exercise in full of the Initial Purchasers’ option to purchase additional Notes as set forth in the Purchase Agreement, the aggregate principal amount of Notes that may be so purchased, in each case, expressed in thousands.

Maximum Number of Underlying Shares has the meaning given to that term in Section 5.09(b).

Maximum Number of Underlying Shares shall have the meaning specified in Section 14.02(a)(iii).

Examples of Maximum Number of Underlying Shares in a sentence

An application for the listing of the Maximum Number of Underlying Shares having been submitted to the NASDAQ Global Select Market, and that such Maximum Number of Underlying Shares shall have been authorized for listing on NASDAQ Global Select Market, subject only to official notice of issuance.
The Company shall at all times reserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, a number of shares of Common Stock equal to (i) prior to the date on which the Company has satisfied the Share Reservation Condition, the Aggregate Share Cap and (ii) on and after the date on which the Company has satisfied the Share Reservation Condition, the Maximum Number of Underlying Shares.
The Maximum Number of Underlying Shares shall have been approved for listing on The New York Stock Exchange.
The Company will use its commercially reasonable efforts to effect and maintain the listing of a number of shares of Common Stock equal to the Maximum Number of Underlying Shares on the Nasdaq Global Select Market.
The Company will reserve and keep available at all times, free of preemptive or similar rights, a number of Underlying Shares equal to the Maximum Number of Underlying Shares.

More Definitions of Maximum Number of Underlying Shares

Maximum Number of Underlying Shares means the product of (A) the sum of (x) a number of shares of Common Stock equal to the initial maximum conversion rate per share of the Preferred Stock set forth in the Certificate of Designation and (y) the maximum number of shares of Common Stock deliverable by the Issuer in respect of dividends payable per share of Preferred Stock (whether or not declared), multiplied by (B) the aggregate number of Securities (assuming the exercise in full of the option set forth in Section 2 herein), in each case in accordance with the terms of the Certificate of Designation.

Maximum Number of Underlying Shares means the product of (A) the sum of (x) a number of shares of Common Stock equal to the initial maximum conversion rate per share of the Preferred Stock set forth in the Certificate of Designation and (y) the maximum number of shares of Common Stock deliverable by the Company in respect of dividends payable per share of Preferred Stock (whether or not declared), multiplied by (B) the aggregate number of shares of Preferred Stock in respect of the Shares (assuming the exercise in full of the option set forth in Section 2 herein), in each case in accordance with, and as adjusted pursuant to, the terms of the Certificate of Designation.

Maximum Number of Underlying Shares means, as of any date, the product of (i) the Maximum Conversion Rate on such date and (ii) the aggregate principal amount of outstanding Notes expressed in thousands.

Maximum Number of Underlying Shares means, as of any date, the product of (i) the Maximum Conversion Rate as of such date and (ii) the aggregate principal amount of outstanding Notes as of such date, expressed in thousands.

Maximum Number of Underlying Shares has the meaning ascribed thereto in Section 6.1(o) hereof;

Maximum Number of Underlying Shares means 5,993,167 shares of Company Common Stock.

Maximum Number of Underlying Shares means the product of (A) the number of shares of Common Stock equal to the initial maximum conversion rate per share of the Preferred Stock set forth in the Articles of Amendment, multiplied by (B) the aggregate number of shares of Preferred Stock in respect of the Shares (assuming the exercise in full of the option set forth in Section 2 herein, but without giving effect to any “Make-whole Dividend Amount” (as defined in the Articles of Amendment)), in each case in accordance with, and as adjusted pursuant to, the terms of the Articles of Amendment.