Selling Stockholders means Purchaser and any other purchaser of Units in the Offering, and their respective successors and assigns.
Selling Shareholders has the meaning set forth in Section 5.6(a)(i).
Closing Shares shall have the meaning ascribed to such term in Section 2.1(a)(i).
Qualifying Warrants means net share settled warrants to purchase Common Stock that have an exercise price greater than the current Market Value of the issuer’s Common Stock as of their date of issuance, that do not entitle the issuer to redeem for cash and the holders of such warrants are not entitled to require the issuer to repurchase for cash in any circumstance.
Other Purchasers is defined in Section 2.
Qualifying Shares means shares of Common Stock which either (i) have been owned by the Grantee for more than six (6) months and have been “paid for” within the meaning of Rule 144 promulgated under the Securities Act, or (ii) were obtained by the Grantee in the public market.
Other Selling Stockholders means persons other than Holders who, by virtue of agreements with the Company, are entitled to include their Other Shares in certain registrations hereunder.
Purchasers is defined in Section 12.3.1.
Selling Shareholder has the meaning set forth in Section 3.04(a).
Qualifying Notes means, at any time, any securities (other than the Notes) issued directly or indirectly by the Issuer:
Qualifying Holder shall have the meaning ascribed thereto in Section 12 hereof.
Selling Stockholder means any Stockholder owning Registrable Shares included in a Registration Statement.
Closing Purchase Price shall have the meaning ascribed to such term in Section 2.1(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.
Option Closing Purchase Price shall have the meaning ascribed to such term in Section 2.2(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.
Second Closing has the meaning set forth in Section 2.2.
Offered Shares has the meaning set forth in Section 3.02(a).
Management Shareholders means Xxxxxx X. Xxxx, Xxxx X. Xxxxxxx, and Xxxxxx X. Xxxxxxxxx.
Qualifying investment means a capital investment in real property including the purchase price of land and existing buildings, site preparation, building construction, and long-term lease costs. “Qualifying investment” also means a capital investment in depreciable assets.
U.S. Purchaser means any purchaser of the Offered Securities that is, or is acting for the account or benefit of, a person in the United States, or any person offered the Offered Securities in the United States.
Selling Member has the meaning set forth in Section 10.5(a).
Additional Purchasers means purchasers of Additional Notes.
Investor shall have the meaning specified in the preamble to this Agreement.
Third Party Purchaser means any Person who, immediately prior to the contemplated transaction, (a) does not directly or indirectly own or have the right to acquire any outstanding Common Stock or (b) is not a Permitted Transferee of any Person who directly or indirectly owns or has the right to acquire any Common Stock.
Additional Purchased Securities Securities provided by Seller to Buyer pursuant to Paragraph 4(a) hereof;
Offered Securities has the meaning set forth in Section 3.1(a).
Key Holders means the persons named on Schedule B hereto, each person to whom the rights of a Key Holder are assigned pursuant to Subsection 3.1, each person who hereafter becomes a signatory to this Agreement pursuant to Subsection 6.9 or 6.17 and any one of them, as the context may require.