Peak Common Shares definition

Peak Common Shares means common shares in the capital of Peak;
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Peak Common Shares means the common shares in the capital of Peak.
Sample 1Sample 2

Examples of Peak Common Shares in a sentence

  • Holders of no more than 10% of the outstanding Peak Common Shares or Metallica Common Shares shall have dissented to the BC Arrangement or the CBCA Arrangement, as the case may be.

  • Parent and Peak will use their commercially reasonable efforts to cause the Peak Common Shares to be de-listed from the TSX promptly following the Effective Time.

  • The only approval of the holders of any class or series of the Peak Common Shares, Peak Options or other securities of Peak necessary to approve the BC Arrangement and the transactions contemplated hereof or thereby is, subject to the BC Interim Order, the Peak Shareholder Approval.

  • No dividend or other distribution declared or made after the Effective Time with respect to New Gold Common Shares with a record date after the Effective Time shall be delivered to the holder of any unsurrendered certificate that, immediately prior to the Effective Time, represented outstanding Peak Common Shares unless and until the holder of such certificate shall have complied with the provisions of Section 5.01 or Section 5.02 hereof.

  • As of the close of business on March 31, 2011, there were issued and outstanding: (A) 172,404,841 Peak Common Shares and (B) Peak Options to acquire up to 4,556,057 Peak Common Shares under the Peak Share Option Plan as described in Section 3.1(e) of the Disclosure Letter.

  • The New Gold Common Shares to be issued to holders of Peak Common Shares in connection with the BC Arrangement and in connection with the exercise of Peak Options and Peak Warrants shall have been approved for listing on the TSX and the AMEX subject to official notice of issuance and other normal conditions and the existing Peak Warrants shall remain listed on the TSX-V.

  • New Gold agrees to make joint elections with Eligible Holders in respect of the disposition of their Peak Common Shares and Metallica Common Shares pursuant to Section 85 of the Tax Act (or any similar provision of any provincial tax legislation) in accordance with the procedures and within the time limits set out in the BC Plan of Arrangement and the CBCA Plan of Arrangement.

  • The issuance of New Gold Common Shares, options, warrants and other securities to the holders of the Peak Common Shares and Metallica Common Shares, or any Peak or Metallica options, warrants and other securities, respectively, pursuant to the Arrangements shall be exempt from the registration requirements of the 1933 Act pursuant to Section 3(a)(10) thereof, and in compliance with all applicable U.S. state securities laws.

  • The business combination will be effected by way of a statutory plan of arrangement of Peak pursuant to Section 288 of the Business Corporations Act (British Columbia) (the "BC Arrangement"), whereby New Gold will acquire all of the outstanding common shares of Peak (the "Peak Common Shares") and effect certain related transactions.

  • As is the case under the existing terms of the Peak Warrants with respect to Peak Common Shares obtained upon exercise, New Gold Common Shares obtained upon exercise after the Effective Time may be subject to restrictions upon resale as specified in the relevant Peak Warrants.

Related to Peak Common Shares

  • Common Shares means the common shares in the capital of the Company;

  • Amalco Common Shares means the common shares in the capital of Amalco;

  • New Common Shares means the common stock or common equity of Reorganized XOG to be issued on the Effective Date.

  • Parent Common Shares means the common shares of the Parent;

  • Holdings Common Stock means the common stock, par value $0.01 per share, of Holdings.

  • Common Stock means the common stock of the Company.

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

  • New Common Stock means shares of Common Stock and/or securities convertible into, and/or other rights exercisable for, Common Stock, which are offered or sold in a New Transaction.

  • Merger Sub Common Stock means the shares of common stock, par value $0.001 per share, of Merger Sub.

  • Purchaser Common Stock means the common stock, par value $0.01 per share, of Purchaser.

  • Existing Common Stock means shares of common stock of Delphi that are authorized, issued, and outstanding prior to the Effective Date.

  • Newco Common Stock means the common stock, par value $.01 per share, of Newco.

  • Additional Common Shares means all common stock (including reissued shares) Issued (or deemed to be issued pursuant to Section 2) after the date of the Warrant. Additional Common Shares does not include, however, any common stock Issued in a transaction described in Sections 2.1 and 2.2 of the Warrant; any common stock Issued upon conversion of preferred stock outstanding on the date of the Warrant; the Shares; or common stock Issued as incentive or in a nonfinancing transaction to employees, officers, directors or consultants to the Company.

  • Pubco Common Stock means all classes and series of common stock of Pubco, including the Class A Common Stock and Class B Common Stock.

  • Parent Common Stock means the common stock, par value $.001 per share, of Parent.

  • Class A Common Shares means the Class A common shares of the Company, par value US$0.00001 per share, at the date of this Indenture, subject to Section 14.07.

  • Company Common Shares means shares of Company Common Stock.

  • Class B Common Shares means shares of Class B Common Stock.

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

  • Old Common Stock means the Company's common stock, par value $.01 per share, outstanding as of the date of the Company's filing of the petition commencing the Chapter 11 Case.

  • Additional Common Stock herein shall mean in the most broadest sense all shares of Common Stock hereafter issued by the Borrower (including, but not limited to Common Stock held in the treasury of the Borrower and common stock purchasable via derivative security or option on the date of such grant ), except Common Stock issued upon the conversion of any of this Convertible Note or Warrant.

  • Voting Common Stock means the Voting Common Stock, par value $.01 per share, of the Company.

  • Buyer Common Stock means the common stock, $0.01 par value per share, of Buyer.

  • Common Share Price means the volume weighted average per share trading price of the Common Shares on the TSX for the 10 consecutive Trading Day period ending on the Trading Day immediately before the occurrence of a Trigger Event, or if the Common Shares are not then listed on the TSX, the principal stock exchange on which the Common Shares are then listed or quoted (being the stock exchange with the greatest volume of trading in the Common Shares during the previous six months), or if such shares are not listed or quoted on any stock exchange, or if no such trading prices are available, the Floor Price.

  • Acquiror Common Stock means the common stock, par value $0.01 per share, of the Acquiror.

  • A Ordinary Shares means the A ordinary shares of £0.01 each in the capital of the Company;