Preemption Offering definition

Preemption Offering means any offering of Common Shares, Convertible Securities or other shares of Capital Stock of the Company by or on behalf of the Company other than:
Preemption Offering means any proposed issuance and sale by the Company after the Original Issue Date and prior to the date of the Initial Public Offering of any shares of Common Stock or any Convertible Securities other than the following:
Preemption Offering means any offering of Common Shares, Convertible Securities or other shares of Capital Stock of Atlantic by or on behalf of Atlantic other than an Exempt Offering.

Examples of Preemption Offering in a sentence

  • The Holder shall have the right, during the period specified herein, to purchase any or all of the new Common Shares or Convertible Securities that it is entitled to purchase under this provision at the purchase price and on the terms stated in the Preemption Offering.

  • With respect to any of the new Common Shares or Convertible Securities not purchased by the Holder hereunder, the Company may during the period one hundred and eighty (180) days following the date of expiration of the Preemption Offering sell to any other Person or Persons all or any part of such Common Shares or Convertible Securities, but only on terms and conditions that are no more favorable to such Person or Persons or less favorable to the Company than those set forth in the Preemption Offering.

  • Notwithstanding any other provision of this Section 3.3, no adjustment shall be made with respect to the issuance of Common Shares, Convertible Securities or other Capital Stock after the date hereof when such issuance constitutes a Preemption Offering.

  • Notwithstanding any other provision of this Section 3.1, no adjustment shall be made with respect to the issuance of Common Shares, Convertible Securities or other Capital Stock after the date hereof when such issuance constitutes a Preemption Offering.

  • The Company shall give the Holder at least 30 days' prior Notice of each Preemption Offering.

  • Maintenance accessibility for trash removal shall be evaluated based on channel size, the amount of trash anticipated at the location in question and accessibility.

  • The Holder may, in the sole exercise of its discretion, elect to participate in any such Preemption Offering by giving Notice of its election to participate to the Company at least 5 days prior to the proposed commencement date of such Preemption Offering.

  • Such Notice shall set forth: (i) the proposed commencement date for such Preemption Offering; (ii) the number and description of the securities to be offered pursuant to the Preemption Offering; (iii) the purchase price for such securities; and (iv) other material terms of the Preemption Offering.

  • If it elects to participate in the Preemption Offering, the Holder shall have the right to purchase, upon the same terms and conditions as those in such Preemption Offering, securities of each type issued in the Preemption Offering in a maximum number or amount equal to the Holder’s Prorata Share of the total number or amount of each such type of security offered.

  • At any time after the Holder partially or completely exercises the Warrant and until the termination of its rights under this Section 3, the Holder shall have the right to participate in any Preemption Offering upon the terms and subject to the conditions set forth in this Section 3.


More Definitions of Preemption Offering

Preemption Offering means (i) any Rights Offering, (ii) the Company's issuance of any warrants, options or rights entitling any person to purchase Common Stock (or securities convertible into Common Stock) for cash consideration or non-cash consideration; and (iii) the Company's issuance of shares of Common Stock for cash consideration or non-cash consideration, other than (A) issuances of Common Stock pursuant to the conversion of any preferred stock issued under the Purchase Agreement, or outstanding as of the date hereof, or (B) the exercise of any warrants or options issued pursuant to the Purchase Agreement or as reflected on Schedule 6 of the Purchase Agreement. 1
Preemption Offering shall not include (i) the issuance or sale of any options, warrants or similar instruments which are issued with respect to any employee or director stock option plan or other employee benefit plan of the Company which is in effect on the date of this Agreement, or (ii) the issuance or sale of Common Stock pursuant to the exercise or conversion of any options, warrants or similar instruments which are issued with respect to any employee or director stock option plan or other employee benefit plan of the Company which is in effect on the date of this Agreement; provided that the maximum number of options, warrants, similar instruments or shares of Common Stock which is subject to such plans is not greater than the number of options, warrants, similar instruments or shares of Common Stock, respectively, subject to such plans on the date of this Agreement.

Related to Preemption Offering

  • Subscription Offering means the offering of the Conversion Stock to Participants.

  • Initial Offering means the Company’s first firm commitment underwritten public offering of its Common Stock registered under the Securities Act.

  • Offering shall have the meaning ascribed to such term in Section 2.1(c).

  • Subsequent Offering means any further issuance of Interests in any Series, excluding any Initial Offering or Transfer.

  • Underwritten Offering Notice has the meaning set forth in Section 2(b).

  • Pending Underwritten Offering means, with respect to any Holder forfeiting its rights pursuant to this Section 4.5(l), any underwritten offering of Registrable Securities in which such Holder has advised the Company of its intent to register its Registrable Securities either pursuant to Section 4.5(a)(ii) or 4.5(a)(iv) prior to the date of such Holder’s forfeiture.

  • Marketed Underwritten Offering means any Underwritten Offering (including a Marketed Underwritten Shelf Take-Down, but, for the avoidance of doubt, not including any Shelf Take-Down that is not a Marketed Underwritten Shelf Take-Down) that involves a customary “road show” (including an “electronic road show”) or other substantial marketing effort by the Company and the underwriters over a period of at least 48 hours.

  • Underwritten Offering means a Registration in which securities of the Company are sold to an Underwriter in a firm commitment underwriting for distribution to the public.

  • 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.

  • Public Offering means the sale in an underwritten public offering registered under the Securities Act of equity securities of the Company or a corporate successor to the Company.

  • public units means the state or a political subdivision or instrumentality of the state including a county, school corporation, special district, drainage district, unincorporated town or township, municipality, or municipal corporation or any agency, board, or commission of the state or a political subdivision; any court or public body; an electric power agency; federal and state grant moneys of a quasi-public state entity under Iowa Code section 12C.1, subsection (2e), and this chapter. Public units additionally include, but are not limited to:

  • Shelf Offering has the meaning set forth in Section 1(d)(i).

  • Underwritten Public Offering means an underwritten Public Offering, including any bought deal or block sale to a financial institution conducted as an underwritten Public Offering.

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

  • Community Offering means the offering for sale by the Holding Company of any shares of Conversion Stock not subscribed for in the Subscription Offering to such Persons within or outside the State of Louisiana as may be selected by the Holding Company and the Bank in their sole discretion and to whom a copy of the Prospectus is delivered by or on behalf of the Holding Company.

  • Offered Units shall have the meaning set forth in Section 11.1 hereof.

  • New Securities means, collectively, equity securities of the Company, whether or not currently authorized, as well as rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable for such equity securities.

  • Shelf Underwritten Offering shall have the meaning given in subsection 2.1.3.

  • Underwritten Takedown means an underwritten public offering of Registrable Securities pursuant to the Resale Shelf Registration Statement, as amended or supplemented.

  • Rule 415 Offering means an offering on a delayed or continuous basis pursuant to Rule 415 (or any successor rule to similar effect) promulgated under the Securities Act.

  • Underwritten Registration or Underwritten Offering A registration in which securities of the Company are sold to an underwriter for reoffering to the public.

  • Underwritten Shelf Takedown shall have the meaning given in subsection 2.3.3.

  • Offerees has the meaning set forth in Section 5.4(a).

  • Participating Underwriter means any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds.

  • Primary Offering means the portion of an Offering other than the Shares offered pursuant to the Company’s distribution reinvestment plan.

  • Rights Offering has the meaning set forth in Section 4.1(b);