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
Sample 1Sample 2Sample 3
New Common Securities has the meaning set forth in Section 9.01(b)(ii).
Sample 1Sample 2Sample 3
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.
Sample 1Sample 2

Examples of New Common Securities in a sentence

  • 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.

  • An Electing Common Stockholder’s pro rata share, for purposes of this Section 4.01, is equal to the ratio of (i) the number of shares of Common Stock owned by such Common Stockholder immediately prior to the issuance of New Common Securities to (ii) the total number of shares of Common Stock outstanding immediately prior to the issuance of the New Common Securities.

  • Any New Common Securities not issued or sold within one hundred fifty (150) days after the date of the Preemptive Notice shall again be subject to the provisions of this Section 7.3.

  • The Company shall promptly secure the listing or designation for quotation (as applicable) of all of the New Common Securities upon the Principal Market (subject to official notice of issuance) and shall maintain such listing of all the New Shares from time to time issuable under the terms of the Exchange Documents.

  • In the event that any Stockholder does not elect to purchase all of its respective “pro rata portion”, the New Common Securities which were available for purchase by all such non-electing Stockholders (the “Excess New Common Securities”) shall automatically be deemed to be accepted for purchase by the Stockholders who indicated in their Preemptive Exercise Notice a desire to participate in the purchase of New Common Securities in excess of their “pro rata portion”.

  • The Company shall be responsible for any transfer agent fees or DTC fees or legal fees of the Company’s counsel with respect to the removal of legends, if any, or issuance of any New Common Securities in accordance herewith or in accordance with the terms of the New Warrant.


More Definitions of New Common Securities

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 Michael D. Dingman (or entitxxx xxxxxxxxxx xx Mr. Dingman who become upon xxxx xxxxxxce a party to this Agreement in accordance with Section 7.3(a) and (b)) in exchange for up to $7,500,000 in cash.
Sample 1
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 Michxxx X. Xxxxxxx (xx entities designated by Mr. Xxxxxxx xxx 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; and (iv) Equity Securities issued in connection with a THL Exchange.
Sample 1
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.
Sample 1
New Common Securities has the meaning set forth in Section IX.1(b)(ii).
Sample 1
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.
Sample 1
New Common Securities means any authorized but unissued Common Units, any Common Unit Equivalents and any similar Equity Interests of any Company Subsidiary; and
Sample 1

Related to New Common Securities

  • Common Securities means the securities representing common undivided beneficial interests in the assets of the Issuer.

  • Trust Common Securities means the securities representing common undivided beneficial interests in the assets of the Trust.

  • Trust Preferred Securities any preferred securities issued by a Trust Preferred Securities Subsidiary, where such preferred securities have the following characteristics:

  • Capital Securities means undivided beneficial interests in the assets of the Trust which rank pari passu with Common Securities issued by the Trust; provided, however, that upon the occurrence and continuance of an Event of Default (as defined in the Declaration), the rights of holders of such Common Securities to payment in respect of distributions and payments upon liquidation, redemption and otherwise are subordinated to the rights of holders of such Capital Securities.

  • Common Security means an undivided beneficial interest in the assets of the Trust, having a Liquidation Amount of $25 and having the rights provided therefor in this Trust Agreement, including the right to receive Distributions and a Liquidation Distribution as provided herein.

  • Equity Preferred Securities means, with respect to any Person, any trust preferred securities or deferrable interest subordinated debt securities issued by such Person or other financing vehicle of such Person that (i) have an original maturity of at least twenty years, and (ii) require no repayments or prepayments and no mandatory redemptions or repurchases, in each case, prior to the first anniversary of the latest Maturity Date.

  • Reorganization Securities has the meaning set forth in Section 6.9 hereof.

  • Corporation Securities means (i) shares of Common Stock, (ii) shares of Preferred Stock (other than preferred stock described in Section 1504(a)(4) of the Code), (iii) warrants, rights, or options (including options within the meaning of Treasury Regulation § 1.382-2T(h)(4)(v)) to purchase stock of the Corporation, and (iv) any other interest that would be treated as “stock” of the Corporation pursuant to Treasury Regulation § 1.382-2T(f)(18).

  • Series A Securities means the Company's 10.01% Series A Junior Subordinated Deferrable Interest Debentures due March 15, 2027, as authenticated and issued under this Indenture.

  • Common Securities Certificate means a certificate evidencing ownership of Common Securities, substantially in the form attached as Exhibit C.

  • Preferred Securities has the meaning specified in the first recital of this Indenture.

  • Common Securities Guarantee means the guarantee agreement to be dated as of [ ] of the Sponsor in respect of the Common Securities.

  • ETP Securities means the Series of ETP Securities to which these Conditions relates or, as the context may require, any or all securities issued by the Issuer under the Programme.

  • Non Book-Entry Preferred Securities shall have the meaning set forth in Section 2.4.

  • Lock-Up Securities shall have the meaning set forth in Section 4.1.

  • Preference Shares means the Preference Shares in the capital of the Company of $0.0001 nominal or par value designated as Preference Shares, and having the rights provided for in these Articles.

  • Individual Securities shall have the meaning specified in Section 3.01(p).

  • 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.

  • Successor Capital Securities Guarantee Trustee means a successor Capital Securities Guarantee Trustee possessing the qualifications to act as Capital Securities Guarantee Trustee under Section 4.1.

  • Redemption Securities means any debt or equity securities of the Corporation, any Subsidiary or any other corporation or other entity, or any combination thereof, having such terms and conditions as shall be approved by the Board of Directors and which, together with any cash to be paid as part of the redemption price, in the opinion of any nationally recognized investment banking firm selected by the Board of Directors (which may be a firm which provides other investment banking, brokerage or other services to the Corporation), has a value, at the time notice of redemption is given pursuant to paragraph (d) of this Section 5, at least equal to the Fair Market Value of the shares to be redeemed pursuant to this Section 5 (assuming, in the case of Redemption Securities to be publicly traded, such Redemption Securities were fully distributed and subject only to normal trading activity).

  • Hybrid Preferred Securities means any preferred securities issued by a Hybrid Preferred Securities Subsidiary, where such preferred securities have the following characteristics:

  • Book-Entry Preferred Securities Certificates means a beneficial interest in the Preferred Securities Certificates, ownership and transfers of which shall be made through book entries by a Clearing Agency as described in Section 5.11.