New Equity Amount definition
New Equity Amount means at any date the amount, if any, of the net proceeds to us or our affiliates of shares of junior stock or parity stock or our or our affiliates’ Other Qualifying Securities newly issued during the six months prior to such date to purchasers other than to our affiliates.
New Equity Amount means, as of any date, (i) the net cash proceeds (after underwriters' or placement agents' fees, commissions or discounts and other expenses relating to the issuances), plus (ii) the fair market value of property, other than cash, received by the Company or any of its subsidiaries during the 180-day period immediately prior to such date, from one or more sales to Persons other than the Company's subsidiaries of (A) the Company's Common Stock, including treasury shares and shares of Common Stock sold pursuant to the Company's dividend reinvestment plan, employee stock purchase plan and employee benefit plans and (B) the Company's Qualified Warrants that the Company sells at its sole discretion.
New Equity Amount means, at any date, (i) the net cash proceeds (after underwriters’ or placement agents’ fees, commissions or discounts and other expenses relating to the issuances), plus (ii) the fair market value of property, other than cash (based on the Current Common Stock Market Price of common stock or Preferred Stock issued or delivered for such property), received by the Company during the 180-day period immediately prior to such date in arm’s length transactions, from the issuance or sale of shares of (A) the Company’s common stock, including treasury shares and shares of common stock sold pursuant to the Company’s dividend reinvestment plan and employee benefit plans and, (B) the Preferred Stock, and (C) the Company’s Qualified Warrants. “Supervisory Event,” shall commence upon the later to occur of (i) the Fifth Deferral Anniversary and (ii) the date on which the Company has given notice to the Federal Reserve pursuant to Section 13.9 of its intention both (1) to sell shares of its common stock and/or Preferred Stock and (2) to apply the net proceeds from such sale to pay Deferred Interest. A Supervisory Event shall cease upon the Business Day following the earlier to occur of (A) the tenth business day after the Company gives notice to the Federal Reserve described in clause (ii) above so long as the Federal Reserve does not disapprove of the Company’s intention both (1) to sell common stock or Preferred Stock and (2) to apply the net proceeds from such sale to pay Deferred Interest, (B) the Tenth Deferral Anniversary or (C) the day on which the Federal Reserve notifies the Company in writing that it no longer disapproves of the Company’s intention both (1) to sell common stock or Preferred Stock and (2) to apply the net proceeds from such sale to pay Deferred Interest; provided, however, that after the termination of a Supervisory Event, if the Federal Reserve shall at any time disapprove of the Company (1) selling common stock and Preferred Stock and (2) applying the net proceeds from such sale to pay Deferred Interest, a Supervisory Event shall recommence.
Examples of New Equity Amount in a sentence
If any Extended Interest Payment Period lasts longer than one year, unless required to do so by the Federal Reserve and subject to the exceptions listed in clauses (a) and (b) of this Section 13.3, the Company will not repurchase any of its common stock for a one-year period following the payment of all Deferred Interest with the New Equity Amount.
If any Extended Interest Payment Period lasts longer than one year, unless required to do so by the Federal Reserve and subject to the exceptions listed in clauses (a) and (b) of this Section 13.3, the Company will not, and will not permit any subsidiary to purchase any of its common stock for a one-year period following the payment of all Deferred Interest with the New Equity Amount.
Prior to the Petition Date, PHI and PTI entered into the Securities Purchase Agreement with the Investors, pursuant to which the Investors will purchase from PHI, for the Required New Equity Amount, the outstanding New Common Stock, subject to adjustment as a result of the election by Holders of Allowed Class PHI-6 Senior Notes Claims to receive a portion of their Distributions under the Plan in the form of New Common Stock.
The number of "Additional Shares" shall be the determined by dividing (i) the amount, if any, by which the Required New Equity Amount shall exceed $228,000,000 by (ii) the Purchase Price.
If an Extended Interest Payment Period continues beyond its Fifth Deferral Anniversary, the Company may not pay on any Interest Payment Date interest that has accrued on any Security during the Quarterly Interest Accrual Period immediately preceding such Interest Payment Date, until the Company has paid all Deferred Interest at such time outstanding on all of the Securities using the proceeds from the New Equity Amount.
More Definitions of New Equity Amount
New Equity Amount means, on any date, the sum of (i) 133.33% of the aggregate net cash proceeds received by the Issuer or its Subsidiaries during the 180 days prior to such date from the issuance and sale of common stock of the Issuer plus (ii) 100% of the aggregate net cash proceeds received by the Issuer or its Subsidiaries during the 180 days prior to such date from the issuance of Qualifying Preferred Stock.
New Equity Amount has the meaning specified in Section 2(b).
New Equity Amount means, as of any date, (i) the net cash proceeds (after underwriters’ or placement agents’ fees, commissions or discounts and other expenses relating to the issuances), plus (ii) the fair market value of property, other than cash, received by the Company or any of its subsidiaries during the 180-day period immediately prior to such date, from one or more sales to Persons other than the Company’s subsidiaries of (A) the Company’s Common Stock, including treasury shares and shares of Common Stock sold pursuant to the Company’s dividend reinvestment plan, employee stock purchase plan and employee benefit plans and (B) the Company’s Qualified Warrants that the Company sells at its sole discretion.
New Equity Amount means, at any date, (i) the net cash proceeds (after underwriters’ or placement agents’ fees, commissions or discounts and other expenses relating to the issuances), plus (ii) the fair market value of property, other than cash (based on the Current Stock Market Price of common stock issued or delivered for such property), received by the Company during the 180-day period immediately prior to such date in arm's length transactions, from the issuance or sale of shares of (A) the Company's common stock, including treasury shares and shares of common stock sold pursuant to the Company's dividend reinvestment plan and employee benefit plans and (B) the Company's Qualified Warrants."
New Equity Amount means, at any date, (i) the net cash proceeds (after underwriters' or placement agents' fees, commissions or discounts and other expenses relating to the issuances), plus (ii) the fair market value of property, other than cash, received by the Company during the 180-day period immediately prior to such date, from the issuance or sale of shares of (A) the Company's common stock, including treasury shares and shares of common stock sold pursuant to the Company's dividend reinvestment plan and employee benefit plans and (B) the Company's Qualified Preferred Stock.
New Equity Amount means, at any date, (i) the net cash proceeds (after underwriters’ or placement agents’ fees, commissions or discounts and other expenses relating to the issuances), plus (ii) the fair market value of property, other than cash, received by the Company during the 180-day period immediately prior to such date, from the issuance or sale of shares of (A) the Company’s common stock, including treasury shares and shares of common stock sold pursuant to the Company’s dividend reinvestment plan and employee benefit plans and (B) the Company’s Qualified Warrants.
New Equity Amount means, on any date, the net proceeds to the Corporation or Subsidiaries of the Corporation received during the six months prior to such date from new issuances of common stock of the Corporation or of other securities or combinations of securities, whether in the form of debt or equity of the Corporation or of such other issuer, that, as reasonably determined in good faith by the Corporation’s Board of Directors:
(i) on a liquidation, dissolution or winding-up of the Corporation, rank (or, if all of the Shares have been redeemed, would have ranked had any Shares remained outstanding) in their direct or indirect claims to the Corporation’s assets either (x) pari passu with or junior to the Shares or (y) pari passu with the claims of the Corporation’s trade creditors and junior to all of the Corporation’s indebtedness for money borrowed (including the Corporation’s 8.85% Junior Subordinated Debentures, Series A, owned of record by AmerUs Capital I, a Delaware statutory trust), other than the Corporation’s indebtedness for money borrowed from time-to-time outstanding that by its terms ranks pari passu with such securities on a liquidation or dissolution of the Corporation; and
(ii) either are (x) perpetual, with no prepayment obligation on the part of the issuer thereof, whether at the election of the holders or otherwise, or (y) have a mandatory redemption or maturity date that is not less than 60 years after the date of initial issuance of such securities (subject to the qualification that in either case such securities may be subject to early redemption at the option of such issuer); and
(iii) provide for Distributions that:
(x) are non-cumulative and may be skipped by the issuer for any number of Distribution Periods without any remedy arising by the terms of such securities or related transaction agreements in favor of the holders of such securities as a result of the issuer’s failure to pay Distributions, other than Permitted Remedies, either for the life of such securities or for such period(s) as may be set forth in the terms of such securities or related transaction agreements, or
(y) if and to the extent they are cumulative, include either Type I Provisions or Type II Provisions. Notwithstanding the foregoing, the net proceeds of any such securities or combinations of securities if issued to any Subsidiary of the Corporation, without the contemporaneous issuance of any security by such Subsidiary to a Person other than the Corporation or a Subsidiar...