Participating Warrants definition

Participating Warrants means the Warrants issued pursuant to (i) the Warrant Exchange Agreement, dated as of December 14, 1993, by and between the Company and DLJ Funding, Inc. and (ii) the Warrant Exchange Agreement, dated as of December 14, 1993, by and between the Company and Marely I S.A.

Examples of Participating Warrants in a sentence

  • Only those warrants issued by the Company on September 29, 2008, May 28, 2010, and October 21, 2010 are Participating Warrants.

  • Not all warrants issued by the Company are necessarily Participating Warrants that entitle their holders to receive Subscription Rights in the Rights Offering.

  • Eligible Securities” as used herein means the Common Stock, Series C Preferred, Series D Preferred, Series E Preferred, Series G Preferred, and the Participating Warrants of the Company.

  • Based on 24,727,495 shares of common stock outstanding as of August 31, 2022, 19,306 shares of common stock issuable upon conversion of 26 shares of Series B Preferred Stock, 33,753 shares of common stock issuable upon conversion of 50 shares of Series C Preferred Stock, and 1,11,729 shares of common stock issuable upon exercise of Participating Warrants, we would grant subscription rights to acquire 25,896,283 units but will only accept subscriptions for 10,000 units.

  • The shares of Series D Convertible Preferred Stock and warrants that are purchased pursuant to the valid exercise of basic subscription rights to purchase units will be issued in book-entry, or uncertificated, form meaning that you will receive a direct registration (DRS) account statement from our transfer agent reflecting ownership of these securities if you are a holder of record of Common Stock, Series B Preferred, Series C Preferred, or of Participating Warrants.

  • The shares of Series D Convertible Preferred Stock and warrants that are purchased pursuant to the valid exercise of over-subscription privileges to purchase additional units will also be issued in book- entry, or uncertificated, form meaning that you will receive a DRS account statement from our transfer agent reflecting ownership of these securities if you are a holder of record of Common Stock, Series B Preferred, Series C Preferred, or of Participating Warrants.

  • The shares of Series C Convertible Preferred Stock and warrants that are purchased pursuant to the valid exercise of over-subscription privileges to purchase additional units will also be issued in book-entry, or uncertificated, form meaning that you will receive a DRS account statement from our transfer agent reflecting ownership of these securities if you are a holder of record of Common Stock or of Participating Warrants.

  • The Company delivered to each Stockholder prior to the execution by such Stockholder of the Written Consent and, if required by the terms of the Stock Options or Warrants, delivered to each holder of Participating Options and Participating Warrants prior to the Closing Date, information regarding the transactions contemplated by this Agreement (the “Information Statement”).

  • The shares of Series C Convertible Preferred Stock and warrants that are purchased pursuant to the valid exercise of over-subscription privileges to purchase additional units will also be issued in book- entry, or uncertificated, form meaning that you will receive a DRS account statement from our transfer agent reflecting ownership of these securities if you are a holder of record of Common Stock, Series B Preferred, or of Participating Warrants.

  • The shares of Series C Convertible Preferred Stock and warrants that are purchased pursuant to the valid exercise of basic subscription rights to purchase units will be issued in book-entry, or uncertificated, form meaning that you will receive a direct registration (DRS) account statement from our transfer agent reflecting ownership of these securities if you are a holder of record of Common Stock or of Participating Warrants.

Related to Participating Warrants

  • Participating Shares means shares that entitle their holders to participate without limitation in distributions.

  • Qualifying Warrants means net share settled warrants to purchase Common Stock that have an exercise price greater than the current Market Value of the issuer’s Common Stock as of their date of issuance, that do not entitle the issuer to redeem for cash and the holders of such warrants are not entitled to require the issuer to repurchase for cash in any circumstance.

  • Unsubscribed Shares means the Rights Offering Shares that have not been duly purchased by the Rights Offering Participants in accordance with the Rights Offering Procedures and the Plan.

  • Existing Warrants means any warrants to purchase Common Stock outstanding on the date of this Agreement.

  • 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.

  • Option Warrants shall have the meaning ascribed to such term in Section 2.2(a).

  • SPAC Warrants means the SPAC Public Warrants and the SPAC Private Placement Warrants.

  • Offering Shares means the shares of Common Stock issued to the Purchasers pursuant to the Subscription Agreements, and any shares of Common Stock issued or issuable with respect to such shares upon any stock split, dividend or other distribution, recapitalization or similar event with respect to the foregoing.

  • Closing Warrants shall have the meaning ascribed to such term in Section 2.1(a)(ii).

  • Commitment Shares shall have the meaning set forth in Section 12.04.

  • Series D Warrants means, collectively, the Series D Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately and have a term of exercise equal to 5 years, in the form of Exhibit C attached hereto

  • Rights Offering Shares means, collectively, the shares of New Common Stock issued in the Rights Offering.

  • Series C Warrants means, collectively, the Series C Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately and have a term of exercise equal to 9 months, in the form of Exhibit A attached hereto.

  • Investor Warrants has the meaning given it in the recitals of this Agreement.

  • Participating Share or “Share” means the Participating Shares of no par value in the

  • 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 and have a term of exercise equal to five (5) years, in the form of Exhibit A attached hereto.

  • Subscribed Shares means, as of any date of determination, the Subscribed Shares (as defined in the recitals to this Subscription Agreement) and any other equity security issued or issuable with respect to the Subscribed Shares by way of stock split, dividend, distribution, recapitalization, merger, exchange, or replacement, and (ii) “Subscriber” shall include any person to which the rights under this Section 5 shall have been duly assigned.

  • Series B Shares means the shares of Fixed Rate Cumulative Perpetual Preferred Stock, Series B, of the Company.

  • Class B Warrants means, collectively, the Common Stock purchase warrants in the form of Exhibit C attached hereto delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which warrants shall be exercisable immediately and have a term of exercise equal to one year.

  • A Shares means a participating share of no par value in the capital of the Fund, denominated in US Dollars;

  • Rights Offering Participants means those Persons who duly subscribe for Rights Offering Shares in accordance with the Rights Offering Procedures.

  • Agent’s Warrants means the share purchase warrants of the Issuer which will be issued as part of the Agent’s Fee and which have the terms provided in this Agreement and the certificates representing such share purchase warrants;

  • Placement Agent Warrants shall have the meaning set forth in the Subscription Agreement.

  • Reserved Shares means initially, [ ] Shares. The Reserved Shares may be increased or decreased in a Supplemental Confirmation.

  • Series A Warrants means, collectively, the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately from the Closing Date and have a term of exercise equal to five (5) years, in the form of Exhibit A attached hereto.

  • Investor Shares shall have the meaning given in the Recitals hereto.