Initial Shares means all of the outstanding shares of Common Stock issued prior to the consummation of the Company’s initial public offering.
Co-op Shares Shares issued by private non-profit housing corporations.
Closing Warrants shall have the meaning ascribed to such term in Section 2.1(a)(ii).
Closing Shares shall have the meaning ascribed to such term in Section 2.1(a)(i).
Common Warrants means, collectively, the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Common Warrants shall be exercisable immediately upon issuance and have a term of exercise equal to five (5) years from the initial exercise date, in substantially the form of Exhibit A attached hereto.
Additional Shares of Common Stock means all shares of Common Stock issued (or, pursuant to Subsection 4.4.3 below, deemed to be issued) by the Corporation after the Series B Original Issue Date, other than (1) the following shares of Common Stock and (2) shares of Common Stock deemed issued pursuant to the following Options and Convertible Securities (clauses (1) and (2), collectively, “Exempted Securities”):
Amalco Common Shares means the common shares in the capital of Amalco;
Coop Shares Shares issued by a Cooperative Corporation.
Buyer Preferred Stock means the preferred stock, par value $0.001 per share, of Buyer.
Merger Sub Common Stock means the common stock, par value $0.01 per share, of Merger Sub.
New Common Shares means the common stock or common equity of Reorganized XOG to be issued on the Effective Date.
Additional Shares shall have the meaning specified in Section 14.03(a).
Initial Merger Consideration has the meaning set forth in Section 2.2(a).
Series D Warrants means series D share purchase warrants of the Corporation issued to RTIH on May 22, 2012 in connection with the 2012 Rights Offering in accordance with the 2012 MoA, the terms of which are more particularly described under the heading “General Development of the Business – Agreements with the Rio Tinto Group – 2012 MoA”.
Original Shares means, when used in reference to any one or more Stockholders, the Shares held by such Stockholder on November 30, 2010, or any shares or other securities into which or for which such Shares may have been converted or exchanged in connection with any exchange, reclassification, dividend, distribution, stock split, combination, subdivision, merger, spin-off, recapitalization, reorganization or similar transaction.
Purchaser Preferred Stock means the shares of preferred stock, par value $0.0001 per share, of the Purchaser.
Purchaser Common Stock means the common stock, par value $0.01 per share, of Purchaser.
Consideration Shares has the meaning ascribed thereto in Section 2.2.
Initial Common Units means the Common Units sold in the Initial Offering.
Series D Shares means shares of Series D Convertible Preferred Stock, par value $0.001 per share of the Company and having the rights, privileges, preferences and restrictions set forth in the Charter.
Series B Warrants means, collectively, the Series B Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof and the other Series B Warrants contemplated under Section 2.1 to be issued concurrently at the Closing, which Series B Warrants shall be exercisable beginning immediately and have a term of exercise equal to five (5) years, in the form of Exhibit B-2 attached hereto.
Founders’ Common Stock means all of the shares of Common Stock of the Company acquired by an Insider prior to the IPO for a price of approximately $0.005875 per share;
Series D Preferred Shares means the Company’s series D preferred shares, par value US$0.00001 per share.
Surviving Corporation Common Stock has the meaning set forth in Section 1.7(a).
Initial Share Price for a Share means the Closing Price on the Exchange (or where such Exchange does not announce or publish a Closing Price, the last traded price, or, if necessary, the mid-market price) for that Share on the Initial Valuation Date, subject to adjustments that may be made pursuant to “DESCRIPTION OF THE NOTES – Adjustments and Exceptional Circumstances”.
Company Series B Preferred Stock means the Series B Preferred Stock, par value $0.0001 per share, of the Company.