Examples of Pool Shares in a sentence
The percentage of Award Pool Shares (the “Award Pool Percentage”) and the maximum number of Award Pool Shares (the “Participant Maximum”) available to be awarded to each Participant for each Award, shall be as set forth in the following table.
All Unsubscribed Release Pool Shares which are distributed to the Releasing Bondholders in accordance with the provisions of this Plan shall be shares of Class A New Common Stock, and all Unsubscribed Release Pool Shares which are distributed to Harrah's Investor in accordance with the provisions of this Plan shall be shares of Class B New Common Stock.
Unsubscribed Release Pool Shares means the shares of New Common Stock in the Release Pool equal to the product of (i) 1,500,000 times (ii) a fraction, the numerator of which is the aggregate principal amount of Old Bonds held by Bondholders on the Release Pool Distribution Record Date that are not Releasing Bondholders, and the denominator of which is $435 million.
ASTRO hereby releases Cxxxxxx from all obligations, liabilities and causes of action arising before, on or after the date of this Agreement, out of or in relation to any entitlement which ASTRO may have with respect to any Custom Pool Shares in excess of the number of Custom Pool Shares transferred.
In the event that a Participant's Pool Shares (or cash or other property) are not to be issued or delivered because of a failure to satisfy this Section 10, the amount thereof shall be proportionally redistributed to the Participants qualifying for such issuance.
The Custom Pool Shares have been duly authorized and are validly issued and free from all taxes, liens and charges with respect to the issue thereof, and the Custom Pool Shares are fully paid and non-assessable with the holder being entitled to all rights accorded to a holder of Custom Pool’s common stock.
The Committee shall certify the number of Award Pool Shares available for each Participant for each Award (the “Certified Share Number”) within 75 days after the end of the EBITDA Performance Period, which shall be calculated by (a) multiplying (i) the Award Pool Percentage for such Participant for such Award by (ii) the aggregate number of Award Pool Shares and (b) if applicable, reducing the number calculated pursuant to subsection (a) to the Participant Maximum for such Award.
Cxxxxxx desires to exchange 13,668,900 shares of common stock of ASTRO for all of the issued and outstanding shares of common stock of Custom Pool held by ASTRO, and ASTRO has agreed to offer the Custom Pool Shares (as defined below) in connection with such exchange, upon the terms and conditions set forth in this Agreement.
ASTRO also understands that the Custom Pool Shares are being offered and issued pursuant to an exemption from the registration requirements of the Securities Act, under Section 4(2) and/or Regulation D of the Securities Act.
The Custom Pool Shares constitute all of the issued and outstanding shares of common stock of Custom Pool.