New Offering definition

New Offering means a private offering and sale by the Company of its equity securities with gross cash proceeds to the Company of at least the principal amount of this Note.

New Offering means, with respect to a Store, a cigarette SKU that PM USA offers or allocates to that Store for the first time and which is designated by PM USA as a “New Offering”.

New Offering has the meaning set forth in Clause 8.2 (a).

Examples of New Offering in a sentence

• This Note shall bear interest on the unpaid principal amount hereof (“Interest”) at an annual rate equal to eight percent (8%); provided, however, that if a New Offering is not completed within sixty (60) calendar days following the Issue Date, Interest shall be computed at an annual rate of twelve percent (12%), such computation to be retroactive to the Issue Date as though Interest had accrued from such date at an annual rate of twelve percent.

• Prior to the New Offering Period Commencement Date, the Plan was implemented by a series of Offering Periods of approximately twenty-four (24) months duration, with new Offering Periods commencing on or about May 1 and November 1 of each year and ending on April 30 and October 31, respectively, approximately twenty-four (24) months later.

• On the Exchange Date, if the Holder has made an Exchange Election, this Note shall be automatically exchanged for a portion of the securities issued in a New Offering, such Exchange to be effected on a dollar-for-dollar basis so that each dollar of Obligations (including all Interest accrued through the Exchange Date) shall be deemed payment for the securities issued in the New Offering on the same terms and conditions granted to other purchasers in the New Offering.

• The Company must deliver written notice of the Exchange (including the proposed date and expected gross proceeds thereof) to the Holder at least five (5) Business Days (the “Exchange Notice Date”) prior to the closing date of the New Offering (the “Exchange Date”).

• If the Holder does not elect to participate in the Exchange and (x) the Company receives gross proceeds less than $40 million from any New Offering on or after the Initial Maturity Date or (y) the Company receives gross proceeds greater than $40 million from any New Offering at any time, the Company must prepay this Note in full and in cash on the date the New Offering is consummated or within two (2) Business Days thereafter.

More Definitions of New Offering

New Offering shall have the meaning provided in the Recitals to this Agreement.

New Offering has the meaning set forth in Section 7.13.

New Offering means any offering for sale, issuance or distribution of any shares of capital stock of the Company, whether now authorized or not, and rights, options or warrants to purchase said shares of capital stock, and securities of any type whatsoever that are, or may become convertible into said shares of capital stock (collectively defined as “Securities” for purposes of this subsection), where the per share price of the capital stock being offered is less than US$2.50, as adjusted for any stock split, combination, stock dividend, reverse split or similar event. Notwithstanding the foregoing, a "New Offering" shall not include (A) Securities issued to employee, directors, consultants, or others pursuant to plans, agreements or arrangements where such issuance is approved by the Company's Board of Directors or a committee thereof; (B) Securities issued to financial institutions, lessors or other entities or persons, in connection with commercial credit arrangements, equipment financings or similar transactions, or any strategic alliances, licensing agreement, or other on-going business relationship between the Company and such other person or entity; provided that any such offering is for other than primarily equity financing purposes; (C) any asset or technology purchase or other acquisition whereby Securities of the Company are issued; (D) Securities issued pursuant to the acquisition of another corporation by the Company by merger, purchase, reorganization, or other transaction; (E) Securities issued in lieu of cash penalties for noncompliance with any registration rights agreement or other agreement; (F) Securities issued by the Company in an any public offering; (G) Securities issued upon exercise or conversion of any convertible or exercisable security where (i) such Security was exempt from this definition of New Offering, or (ii) the convertible or exercisable securities were offered to the Investor and the Investor failed to exercise its right to purchase any such securities; and (H) Securities issued in connection with any stock split, stock dividend or similar transactions by the Company.

New Offering has the meaning ascribed to it in Section 2.3(g)(ii).

New Offering shall have the meaning set forth in the definition of MFN Transaction.

New Offering is hereby added to Section 1.1 of the Credit Agreement in proper alphabetical order:

New Offering means the public offering by RSC of the sale of ------------ shares of its common stock, to be made concurrently with the sale of shares of RSC's common stock by certain shareholders of RSC.