Participating Securities definition

Participating Securities means securities that give the holder of the securities a right to share in the earnings of the person that issued the securities and after the liquidation, dissolution, or winding up of the person that issued the securities or, in the case of the Trust, upon the termination of the Trust, a right to share in its assets. For greater certainty, participating securities includes the Units;

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Participating Securities means, (i) any equity security (other than Common Stock) that entitles the holders thereof to participate in liquidations or other distributions with the holders of Common Stock or otherwise participate in the capital of the Company other than through a fixed or floating rate of return on capital loaned or invested, and (ii) any stock appreciation rights, phantom stock rights, or any other profit participation rights with respect to any of the Company's capital stock or other equity ownership interest, or any rights or options to acquire any such rights; provided that any stock appreciation rights, phantom stock rights or any other profit participation rights, or any rights or options to acquire such rights, issued pursuant to any of the Plans shall not be deemed a Participating Security if their grant or issuance would constitute an Excluded Issuance.

Examples of Participating Securities in a sentence

The impact on earnings per share as a result of having two distinct classes of shares, common and preferred, is dictated by Emerging Issues Task Force Issue No. 03-6 "Participating Securities and the Two-Class Method under FAS 128".
Without characterizing the Participating Securities or the Taberna Transferred Rights as a “security” within the meaning of the applicable securities laws, it has not made any offers to sell, or solicitations of any offers to buy, all or any portion of the Participating Securities or Taberna Transferred Rights in violation of any applicable securities laws.
In informing holders of Participating Securities, no Dealer-Manager shall be deemed to be acting as the agent of the Company or as the agent of any broker, dealer, bank or trust company, and no broker, dealer, bank or trust company shall be deemed to be acting as such Dealer-Manager’s agent or as the agent of the Company.
Immediately after the closing of the Proposed Transaction the Selling Holder shall deliver to each Rights Holder, by wire transfer of immediately available fund to the bank account or accounts specified in the Acceptance Notice, the purchase price for the Participating Securities, if any, sold thereby.
If the Tag- Along Transferee fails to purchase such Participating Securities (as applicable) from any Tag- Along Seller as to which such Tag-Along Seller has exercised its rights under this Section 10(c) and the Tag-Along Sponsor fails to purchase such Participating Securities (as applicable) from such Tag-Along Seller, the Tag-Along Sponsor shall not be permitted to validly consummate such proposed Transfer.

More Definitions of Participating Securities

Participating Securities means (i) any equity security (other than Common Stock) that entitles the holders thereof to participate in liquidations or other distributions with the holders of Common Stock or otherwise participate in the capital of the Company other than through a fixed or floating rate of return on capital loaned or invested, and (ii) any Stock Rights; provided that any Stock Rights issued pursuant to any of the Plans shall not be deemed a Participating Security if their grant or issuance would constitute an Excluded Issuance.

Participating Securities shall have the meaning set forth in Section 2.4(a). "Permitted Transfer" shall mean: (a) a Transfer of any Subject Securities between any JWC Holder or Management Holder who is a natural person and such Stockholder's spouse, children, parents or siblings (whether natural, step or by adoption) or to a trust solely for the benefit of one or more of any of such Persons; provided that with respect to any such Transfer, the Stockholder retains, as trustee or by some other means, the sole authority to vote such Subject Securities (including any Common Stock that may be acquired pursuant to any Vested Options); (b) a Transfer of Subject Securities by a JWC Holder to JWC Inc. or to an officer, employee or consultant of JWC Inc. or to a corporation or to a partnership (or other entity for collective investment, such as a fund) which is (and continues to be) controlled by, controlling or under common control with JWC Inc.; (c) a Transfer of Subject Securities (i) by a Management Holder to another Management Holder or (ii) from a JWC Holder to another JWC Holder; (d) a Transfer of Subject Securities between any Stockholder who is a natural person and such Stockholder's guardian or conservator; or (e)

Participating Securities has the meaning set forth in the Recitals.

Participating Securities means the Common Stock and the Convertible Preferred Stock.

Participating Securities means outstanding stock-based awards as of December 31, 2024 that earn dividend equivalent rights on an equal basis with the Corporation’s common shares that have been issued under the Corporation’s stock incentive plans, and which are used in computing fully diluted EPS in accordance with generally accepted accounting principles.

Participating Securities means securities of a body corporate that give the holder of the securities a right to share in the earnings of the body corporate and after the liquidation, dissolution or winding up of the body corporate, a right to share in its assets.

Participating Securities means the Outstanding Common Stock, the Outstanding Vested Options, the NeoGen Option and the Outstanding Preferred Stock.