Primary Equity Offering definition

Primary Equity Offering means any primary private or public sale of Equity Interests of Holdings (other than Disqualified Stock) or any primary private or public sale of Equity Interests of any direct or indirect parent company of Holdings to the extent the net cash proceeds from such sale are contributed to the common equity of Holdings in each case, other than (i) to Persons who are Affiliates of Holdings (ii) issuances upon exercise of options by employees of Holdings or any of its Restricted Subsidiaries or (iii) any such public or private sale that constitutes an Excluded Contribution.

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Primary Equity Offering means the underwritten public offering by the Company of Equity Interests of the Company on substantially the terms described in the Registration Statement.

Primary Equity Offering is defined in the fourth recital.

Examples of Primary Equity Offering in a sentence

The Primary Equity Offering shall have been (or shall concurrently be) consummated in accordance with applicable Law resulting in cash proceeds to the Company (before underwriting discounts and commissions and related expenses) of not less than $35,000,000.
Notice of any redemption upon any Primary Equity Offering may be given prior to the completion thereof, and any such redemption or notice may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related Primary Equity Offering.
Notice of any redemption of the Notes may, at the Issuer’s discretion, be given prior to the completion of a transaction (including a Primary Equity Offering, an incurrence of Indebtedness, a Change of Control or other transaction) and any redemption notice may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of a related transaction.
Any such redemption shall be made within 90 days of such Primary Equity Offering.
Notwithstanding anything contained in ----------------------- the Loan Agreement, the Note or any of the other Loan Documents to the contrary, the entire Indebtedness, if not sooner paid, shall be due and payable on the earlier to occur of (i) July 1, 2004, (ii) a Primary Equity Offering or (iii) a Company Sale.
Notwithstanding anything contained in ----------------------- the Loan Agreement, the Note or any of the other Loan Documents to the contrary, the entire Indebtedness, if not sooner paid, shall be due and payable on the earlier to occur of (i) July 30, 2004, (ii) a Primary Equity Offering or (iii) a Company Sale.
Notwithstanding anything contained in ----------------------- the Loan Agreement, the Note or any of the other Loan Documents to the contrary, the entire Indebtedness, if not sooner paid, shall be due and payable on the earlier to occur of (i) January 31, 2005, (ii) a Primary Equity Offering or (iii) a Company Sale.
This amount shall be paid, to the extent possible, by setting-off against the purchase price for the Tranche II Shares due from the Company to the Association as the relevant funds become available from the Primary Equity Offering.
Notwithstanding anything contained in ----------------------- the Loan Agreement, the Note or any of the other Loan Documents to the contrary, the entire Indebtedness, if not sooner paid, shall be due and payable on the earlier to occur of (i) October 31, 2006, (ii) a Primary Equity Offering or (iii) a Company Sale.
The purchase price of the Tranche II Shares due by the Company to the Association shall be equal to the net proceeds of the Primary Equity Offering and shall be settled between the Company and the Association in accordance with the provisions in Clause 3.1. The Tranche II Shares shall be for the account and risk of the Association until closing of the Primary Equity Offering.

More Definitions of Primary Equity Offering

Primary Equity Offering means any primary private or public sale of Equity Interests of the Issuer (other than Disqualified Stock) or any primary private or public sale of Equity Interests of any direct or indirect parent company of the Issuer to the extent the net cash proceeds from such sale are contributed to the common equity of the Issuer, in each case, other than (i) to Persons who are Affiliates of the Issuer, (ii) issuances upon exercise of options by employees of the Issuer or any of its Restricted Subsidiaries or (iii) any such public or private sale that constitutes an Excluded Contribution.

Primary Equity Offering is defined in the second recital.

Primary Equity Offering has the meaning ascribed to that term in Recital (C) hereof.