Qualified Public Company definition

Qualified Public Company means a Public Vehicle with a market capitalization equal to or exceeding $750,000,000 (exclusive of the Properties) as of the date of the Public Sale.

Qualified Public Company means an entity whose securities are listed and traded on a nationally recognized securities exchange and which, upon the closing of the initial listing of such entity on such exchange, (i) has total capitalization (taking into account (a) the total equity of such entity (the “Equity”), calculated to be the greater of (1) the market capitalization of such equity and (2) the undepreciated book value of the total equity of such entity and (b) the debt of such entity and its subsidiaries (including Borrower and Mezzanine Borrowers) on a consolidated basis, inclusive of underlying property level debt (“Total Debt”)) of not less than $3,000,000,000 and (ii) has leverage (i.e., the ratio of (A) Total Debt to (B) the sum of Total Debt and Equity) of not greater than seventy-five percent (75%).

Qualified Public Company mean (a) any Person who has issued or sold its common Capital Stock in an underwritten primary public offering (other than a public offering pursuant to a registration statement on Form S-8) pursuant to an effective registration statement filed with the SEC in accordance with the Securities Act (whether alone or in connection with a secondary public offering) so long as (i) its market capitalization was at the time of its initial public offering, or at any subsequent time of determination, is at least $250,000,000 and (ii) no Person or group (within the meaning of Section 13(d)(3) or Section 14(d)(2) of the Exchange Act), including any group acting for the purpose of acquiring, holding or disposing of Securities (within the meaning of Rule 13d-5(b)(1) under the Exchange Act (but excluding (A) any employee benefit plan and/or Person acting as the trustee, agent or other fiduciary or administrator therefor, (B) one or more Permitted Holders and (C) any group directly or indirectly controlled by one or more Permitted Holders) owns of Capital Stock representing more than 40% of the total voting power of all of the outstanding voting stock such Person, and (b) any Wholly-Owned Subsidiary of such Person.

Examples of Qualified Public Company in a sentence

• This Agreement shall terminate on the date that the Company achieves Qualified Public Company Status or upon the Written Consent of all of the Stockholders (such date, the "Termination Date").

• Upon the Company achieving Qualified Public Company Status, all certificates representing shares of Common Stock shall be replaced, at the expense of the Company, with certificates not bearing the Second Legend required by this Section 7.1 and, in connection with shares to be sold pursuant to a registered public offering, the certificates representing such shares shall be replaced, at the expense of the Company, with certificates not bearing either of the legends required by this Section 7.1.

• Subject to the following proviso, dividends payable on the Series A-1 Preferred Stock shall be paid, at the option of the Holder, in cash or by the issuance of Common Stock provided, however, that the Company may elect to make any payment of dividends by the issuance of Registered Common Stock on any Dividend Payment Date with 10 days’ prior written notice to the Holder, if the Company is a Qualified Public Company on the Dividend Payment Date.

• Upon the occurrence of a Qualified Public Company Event where the Conversion Reference Price is less than the Floor Price, this Note shall automatically be exchanged for a new note substantially in the form attached hereto as Exhibit A (the “New Note”) in an aggregate principal amount equal to the Note Obligations Amount of the Note as of the Initial Conversion Date (a “New Note Exchange”).

• Unless earlier converted pursuant to the terms hereof, the Shares and all accrued and unpaid dividends thereon, at the election of the Holder, upon delivery of written notice to the Corporation within five (5) days prior to the closing of a Change in Control may be converted in whole or in part into Conversion Shares at any time after the 90th day following the Original Issuance Date and prior to the earlier of (i) a Qualified Financing and (ii) a Qualified Public Company Event.

More Definitions of Qualified Public Company

Qualified Public Company means any publicly listed indirect parent of the Borrower following a Qualified Public Offering, so long as following such Qualified Public Offering, no person (other than such entity, the Sponsor, the Approved Owners, Qualified Investment Entities, Qualified Offtaker Investors, Qualified Energy Companies, such publicly listed parent company following such Qualified Public Offering or any underwriter or placement agent participating in such Qualified Public Offering) or persons constituting a “group” (within the meaning of Section 13(d) of the Securities Exchange Act of 1934 or any successor provision) (excluding employee benefit plans of the Borrower or any of its Affiliates and any person or entity acting in its capacity as trustee, agent or other fiduciary or administrator of any such plan) becomes the beneficial owner, directly or indirectly, of more than 50% of the economic interests in the Borrower and, directly or indirectly, Controls the Borrower.

Qualified Public Company means a person whose Equity Interests are (a) authorized and approved for listing on the New York Stock Exchange or admitted to trading and quoted in the Nasdaq Stock Market and (b) the market value of which is owned by non-Affiliates of such person is in excess of $50,000,000.

Qualified Public Company means a corporation meeting all of the following criteria: (i) the common stock of the corporation is registered under Section 12 of the Securities Exchange Act of 1934, as amended, (ii) the aggregate market value of the primary publicly traded class of common equity held by non-affiliates of such corporation as reported by Bloomberg L.P. on the reference date exceeds three hundred twenty-eight million, three hundred sixty thousand, five hundred dollars ($328,360,500), (iii) the average weekly reported volume of trading in such common stock on all national securities exchanges and/or reported through the NYSE as reported by Bloomberg L.P. during the four (4) calendar weeks preceding the reference date exceeds three million, nine hundred twenty-seven thousand, three hundred forty-nine dollars ($3,927,349).

Qualified Public Company means a corporation meeting all of the following criteria: (i) the common stock of the corporation is registered under Section 12 of the Securities Exchange Act of 1934, as amended, (ii) the Prevailing Price shall be an amount greater than one dollar ($1) per share of Common Stock, and (iii) the average daily reported volume of trading in such common stock on all national securities exchanges, markets, services, and/or reported through the AMEX as reported by Bloomberg L.P. (or by such other Person as the Company may select) during the ninety (90) calendar days preceding the reference date exceeds twenty thousand (20,000) shares of Common Stock.

Qualified Public Company means an entity whose securities are listed and traded on a nationally recognized securities exchange.

Qualified Public Company means any publicly listed indirect parent of the Company following a Qualified Public Offering, so long as following such Qualified Public Offering, no person (other than such entity, the Sponsor, the Approved Owners, Qualified Investment Entities, Qualified Offtaker Investors, Qualified Energy Companies, such publicly listed parent company following such Qualified Public Offering or any underwriter or placement agent participating in such Qualified Public Offering) or persons constituting a “group” (within the meaning of Section 13(d) of the Securities Exchange Act of 1934 or any successor provision) (excluding employee benefit plans of the Company or any of its Affiliates and any person or entity acting in its capacity as trustee, agent or other fiduciary or administrator of any such plan) becomes the Beneficial Owner, directly or indirectly, of more than 50% of the economic interests in the Company and, directly or indirectly, Controls the Company.

Qualified Public Company means a corporation meeting all of the following criteria: (i) the common stock of the corporation is registered under Section 12 of the Securities Exchange Act of 1934, as amended, (ii) the aggregate market value of the primary publicly traded class of common equity held by non-affiliates of such corporation as reported by Bloomberg L.P. on the reference date exceeds five hundred thirty-seven million, seventy thousand dollars ($537,070,000), (iii) the average weekly reported volume of trading in such common stock on all national securities exchanges and/or reported through the Nasdaq NMS as reported by Bloomberg L.P. during the four (4) calendar weeks preceding the reference date exceeds twenty-two million, five hundred sixty thousand dollars ($22,560,000).