Participating Stock definition

Participating Stock means, collectively, the Series F Preferred ------------------- Stock, the Senior Common Stock and the Non-Tracked Common Stock.

Participating Stock means the shares of Registrable Securities of each such Participating Holder that will be included in a Covered Registration.

Participating Stock means either Series C Participating Stock of the Company or depositary shares representing a fractional interest in such stock.

Examples of Participating Stock in a sentence

• Notwithstanding Sections 1(b)(ii) and 1(e)(i) of the Registration Rights Instrument, the Company shall not withdraw the Registration Statement after the Registration Statement has been declared effective by the SEC; provided, however, that the Company may withdraw the Registration Statement at any time on or after the earliest date on which each share of Designated Stock has either (i) ceased to be Participating Stock or (ii) become eligible for resale pursuant to Rule 144(k) under the Securities Act.

• Notwithstanding Section 1(e)(ii) of the Registration Rights Instrument, and subject to the issuance of any notice by the Company in accordance with Section 1(e)(v) of the Registration Rights Instrument, the Company shall use all reasonable efforts to keep the Registration Statement effective until the earliest date on which each share of Designated Stock has either (i) ceased to be Participating Stock or (ii) become eligible for resale pursuant to Rule 144(k) under the Securities Act.

• After payment to the holders of Series F Preferred Stock of the amounts set forth in paragraph (i) above, the entire remaining assets and funds of the Corporation legally available for distribution, if any, shall be distributed among the holders of the Participating Stock in proportion to the shares of Participating Stock then held by them as of the date of the liquidation, dissolution or winding up of the Corporation.

• It is understood that all purchases or sales of Participating Stock pursuant to the Plan will be made by the Administrator as the independent agent of the Participant, and the Administrator shall have the sole authority or power to direct the time and price at which securities may be purchased or sold pursuant to the Plan or the amount of securities to be purchased or sold.

• The term "Junior Stock" with respect to Series D Stock shall mean the Participating Stock and all other stock of the Corporation ranking junior thereto as to the payment of dividends and the distribution of assets upon liquidation.

More Definitions of Participating Stock

Participating Stock means any stock of the Corporation hereafter authorized that participates with the Common Stock as to distribution of assets upon liquidation on terms similar to those in subparagraph 4(c).

Participating Stock means all issued and outstanding shares of the Corporation’s designated Series A-1, Series A-2, and Series B Stock.

Participating Stock means the Shares that are resold by GS&Co. pursuant to the Registration Statement. 2 "Registration Statement" means, for the purposes of both this Supplemental Instrument and the Registration Rights Instrument, the Company's Registration Statement on Form S-3 (File No. 333-34042) registering the Shares for resale by GS&Co.

Participating Stock means the Shares.

Participating Stock means the aggregate number of shares of Company Common Stock that are issued and outstanding immediately prior to the Effective Time of the First Merger (assuming conversion of all Preferred Stock, the exercise of all Company Options and the exercise of all warrants and other convertible securities to acquire Preferred Stock or Company Common Stock).

Participating Stock means the shares of Series B, Series C, Series D, and Series E Common Stock, no par value, of the Company issued and outstanding from time to time, and any other class or series of stock hereafter created or newly designated by the Company, or, following the occurrence of a Primary Offering, the issued and outstanding shares of Common Stock, without series designation, which such shares of Series B, Series C, Series D, and Series E Common Stock will be and become, and into which or for which the shares of such other class or series may be converted or exchanged.

Participating Stock means the aggregate number of shares of Company Common Stock that are issued and outstanding immediately prior to the Effective Time of the First Merger (assuming conversion of all Preferred Stock, the exercise of all Company Options and the exercise of all warrants and other convertible securities to acquire Preferred Stock or Company Common Stock); provided, however, that the Participating Stock will not include the Common Stock issuable upon conversion of the Series A Preferred Stock and/or the Series B Preferred Stock (including shares issuable upon the exercise of all warrants and other convertible securities to acquire Series A Preferred Stock and/or Series B Preferred Stock) unless such Series A Preferred Stock and/or Series B Preferred Stock is actually converted to Company Common Stock immediately prior to the Effective Time of the First Merger.