New Common Securities definition
New Common Securities means any authorized but unissued Common Units and any Unit Equivalents convertible into Common Units, exchangeable or exercisable for Common Units, or providing a right to subscribe for, purchase or acquire Common Units; and
New Common Securities has the meaning set forth in Section 9.01(b)(ii).
New Common Securities means shares of Common Stock or any other common equity securities of the Company, whether or not currently authorized, as well as rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable for such equity securities.
Examples of New Common Securities in a sentence
The Issuance Notice shall also be accompanied by a current copy of the Members Schedule indicating the Pre-Emptive Members’ holdings of Preferred Units and Common Units in a manner that enables each Pre-Emptive Member to calculate its Preferred Pro Rata Portion of any New Preferred Securities and its Common Pro Rata Portion of any New Common Securities.
If both New Preferred Securities and New Common Securities are offered in the Issuance Notice, the Pre-Emptive Members shall have the right to elect to purchase only New Preferred Securities or only New Common Securities.
More Definitions of New Common Securities
New Common Securities means any authorized but unissued Common Units, any Common Unit Equivalents and any similar Equity Interests of any Company Subsidiary; and
New Common Securities means the Common Stock, whether now authorized or not, any rights, options or warrants to purchase Common Stock and any indebtedness or stock of the Company which is convertible into Common Stock (or which is convertible into a security which is, in turn, convertible into Common Stock) issued after the date hereof; provided, that the term "New Common Securities" does not include (i) such Equity Securities issued as a stock dividend to all holders of Common Stock pro rata or upon any subdivision or combination of shares of Common Stock; (ii) shares of Common Stock issued upon exercise of Derivatives outstanding on the date hereof; and (iii) shares of Common Stock issued to ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ (or entities designated by ▇▇. ▇▇▇▇▇▇▇ who become upon such issuance a party to this Agreement in accordance with Section 7.3(a) and (b)) in exchange for up to $7,500,000 in cash.
New Common Securities means the Common Stock, whether now authorized or not, any rights, options or warrants to purchase Common Stock and any indebtedness or stock of the Company which is convertible into Common Stock (or which is convertible into a security which is, in turn, convertible into Common Stock) issued after January 21, 1998; provided, that the term "New Common Securities" does not include (i) such Equity Securities issued as a stock dividend to all holders of Common Stock pro rata or upon any subdivision or combination of shares of Common Stock; (ii) shares of Common Stock issued upon exercise of Derivatives outstanding on January 21, 1998; (iii) shares of Common Stock issued to Michael D. Dingman (or entities designated by Mr. Dingman who become u▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ a party to this Agreement in ▇▇▇▇▇▇▇▇▇▇ with Section 7.3(a) and (b)) in exchange for up to $7,500,000 in cash; and (iv) Equity Securities issued in connection with a THL Exchange.
New Common Securities has the meaning set forth in Section 9.01(b)(ii). “New Interests” has the meaning set forth in Section 3.07.
New Common Securities means any Common Securities of the Corporation, whether authorized now or in the future; provided, that “New Common Securities” shall not include (a) Common Securities issued (i) upon the exercise or conversion of any warrant, option, or convertible security issued by the Corporation in a transaction subject to Section 7.3 or covered by an exception set forth in Section 7.3, (ii) to any employee, director, or consultant of the Corporation pursuant to an employee incentive plan or similar arrangement approved by the Board of Directors (such Common Securities not to exceed ten percent (10%) of the Common Securities outstanding at the time of such issuance); (iii) upon the direct or indirect conversion, exchange or exercise of any securities issued by the Corporation on or prior to the Effective Date, (iv) in connection with any subdivision of securities (including any stock dividend or stock split), any combination of securities (including any reverse stock split) or any recapitalization, reorganization or reclassification of the Corporation; (v) as consideration for the acquisition of another Person or all or substantially all of the assets of another Person (whether by merger, recapitalization, business combination or otherwise); or (vi) to any third party lenders as “equity kickers” in connection with what is primarily a loan transaction pursuant to any agreement or arrangement approved by the Board of Directors; (b) Common Securities sold in a Public Offering; (c) any issuance of Common Shares representing less than five percent (5%) of the Common Securities then outstanding; provided, that any issuance effected pursuant to this clause (c), taken together with all other issuances effected pursuant to this clause (c), shall not, in aggregate, exceed five percent (5%) of the Common Securities outstanding at any time; or (d) Common Securities issued upon the exercise or conversion of any Common Securities described in the foregoing.
New Common Securities has the meaning set forth in Section IX.1(b)(ii).