Notice of Proposed Issuance definition

Notice of Proposed Issuance shall have the meaning set forth in Section 4.1(a).

Notice of Proposed Issuance shall have the meaning specified in Section 2.8.

Notice of Proposed Issuance has the meaning set forth in Section 2.2(a).

Examples of Notice of Proposed Issuance in a sentence

• If such remaining Offered Interests are not issued within such period and at such price and on such terms, the right to issue in accordance with the Notice of Proposed Issuance shall expire and the provisions of this Agreement shall continue to be applicable to the Offered Interests.

• Each such Buyer shall have a right of oversubscription to purchase up to the balance of such Offered Interests not so purchased at the same price and on the same terms and conditions set forth in the original Notice of Proposed Issuance.

• In the event that a Pro Rata Party does not exercise its rights hereunder within the said fifteen (15) Business Days, the Corporation may issue such Offered Securities upon such terms and conditions as set out in the Notice of Proposed Issuance within a period of ninety (90) Business Days from the said fifteen (15) Business Days.

• If such remaining Offered Non-Public Capital Stock is not issued within such period and at such price and on such terms, the right to issue in accordance with the Notice of Proposed Issuance shall expire and the provisions of this Agreement shall continue to be applicable to the Offered Non-Public Capital Stock.

• If for any reason the Offered New Units are not issued within such period and at such price and on such terms, the right to issue in accordance with the Notice of Proposed Issuance shall expire and the provisions of this Agreement shall continue to be applicable to the Offered New Units.

More Definitions of Notice of Proposed Issuance

Notice of Proposed Issuance has the meaning specified in Section 6.

Notice of Proposed Issuance has the meaning set forth in Section 7.16(b).

Notice of Proposed Issuance shall have the meaning set forth in Section 2.3.

Notice of Proposed Issuance has the meaning specified in Section 7. -----------------------------

Notice of Proposed Issuance has the meaning specified in Section 8.1(a) of this Agreement. "Offered New Shares" has the meaning specified in Section 8.1(a) of this Agreement. "Permits" has the meaning specified in Section 3.14 of this Agreement. "Per Share Price" has the meaning specified in Section 2.2(a) of this Agreement. "Person" means an individual, partnership, corporation, association, trust, joint venture, unincorporated organization, and any government, governmental department or agency or political subdivision thereof. "Preferred Stock Derivatives" has the meaning set forth in the Certificate of Designation. "Purchased Securities" has the meaning specified in the Recitals to this Agreement. "Purchaser(s)" means the purchasers set forth on Schedule 2.1. "Registrable Securities" means those shares of Common Stock constituting Preferred Stock Derivatives or issued upon conversion or exercise of the Purchased Securities and any Preferred Stock Derivatives and which have not been sold to third parties pursuant to a registered public offering or pursuant to Rule 144(k) under the Securities Act. "Registration Rights Agreement" means the Registration Rights Agreement dated as of the date hereof, as the same shall be amended from time to time, among the Company and the Purchasers in the form of Exhibit C attached hereto. "Related Agreements" means the Certificate of Designation and the Registration Rights Agreement. "SEC" means the Securities and Exchange Commission. "Securities Act" means the Securities Act of 1933, as amended, or any successor federal statute, and the rules and regulations of the Securities and Exchange Commission thereunder, all as the same shall be in effect at the time. "Security Documents" has the meaning specified in Section 3.25(b) of this Agreement. "Series A Preferred Stock" has the meaning specified in the Recitals to this Agreement. "Spectrum" means Spectrum Equity Investors II, L.P. "Subsidiary" means any Person which the Company now or hereafter shall at the time own, directly or indirectly through a subsidiary, at least a majority of the outstanding capital stock (or other beneficial interest) entitled to vote generally; and the term "Subsidiaries" shall mean all of such Persons collectively. "Taxes" means (A) all net income, gross income, gross receipts, sales, use, ad valorem, transfer, franchise, profits, license, withholding, payroll, employment, excise, severance, stamp, occupation, premium, property or windfall profits taxes, or other taxes of a...

Notice of Proposed Issuance shall have the meaning ascribed thereto in SECTION 5.1(a).

Notice of Proposed Issuance has the meaning specified in Section 8.1.