Second Shares definition

Second Shares shall have the meaning given to it in SECTION 11.1.

Second Shares has the meaning set forth in Section 2.2.

Second Shares means the Common Shares to be issued, subject to the terms and conditions of this Agreement, to the Investor at the Second Closing;

Examples of Second Shares in a sentence

• The issuance of the Second Shares by the Company to the Purchasers shall take place pursuant to the separate execution of the Subscription Agreement substantially in the form attached hereto as EXHIBIT A.

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• The number of shares of Common Stock comprising the Second Shares shall be the quotient of (1) the Second Purchase Price divided by (2) the lower of (a) the First Price or (b) 75% of the average of the last reported trading price on each of the last five business days immediately preceding the Second Closing Date "Second Price" (or, if no trades of Common Stock were executed on the American Stock Exchange on any of such days, then the average of the "bid" and "ask" price on such day).

• Accordingly, the Second Shares, if required to be issued pursuant to this Agreement, shall be issued in accordance with such beneficial ownership limitations, and in successive tranches if required to comply with such beneficial ownership limitations (each an “Additional Tranche”).

• If contesting the validity or amount of any Imposition shall cause a breach of any of the terms, conditions or covenants required to be performed by Grantor as lessor under any Lease, Grantor shall not have the right to contest the same as provided in Section 1.02H, and Grantor shall pay such Imposition pursuant to Section 1.02A.

More Definitions of Second Shares

Second Shares means that number of shares of Common Stock which on the Second Closing Date will be equal to the maximum number of shares of Common Stock which the Company is permitted to issue to Mediacom without seeking Stockholder Approval under the then current rules of the NASDAQ Stock Market.

Second Shares means an aggregate of 5,000 shares of Series D Preferred Stock which are being purchased by the Purchasers on the Second Closing Date.

Second Shares has the meaning assigned to such term in the Recitals to this Agreement.

Second Shares means the Eternal Second Shares plus any shares sold by the Second Co-Sellers, to be delivered to the Buyer at the Second Closing by Eternal and the Second Co-Sellers, including and together with all rights, interests, entitlement to dividends, earnings and profits of Epoch as of the Second Closing Date, the aggregate of which constitutes 4,573,000 shares, which constitutes ten percent (10%) of the issued and outstanding capital stock of Epoch, minus not more than 0.5% of the total issued and outstanding capital stock of Epoch held by Non-Eternal Shareholders as of the First Closing, if any.

Second Shares has the same meaning as set forth in the Stock Purchase Agreement.

Second Shares means the number of shares of Common Stock to be purchased at the Second Closing as determined by the Buyer pursuant to written notice delivered in accordance with Section 4.1(b); provided, that the number of Second Shares may not be less than 10,000,000.

Second Shares means the number of shares of Common Stock determined by dividing the Second Purchase Price by an amount equal to the lesser of (i) the average of the daily closing prices of Common Stock as reported on the Nasdaq Stock Market for the last 20 full trading days preceding the date of the Second Closing, and (ii) in the event that, prior to the Second Closing, Commerce One enters into a definitive agreement providing for the sale of Common Stock to Microsoft Corp., the price per share of the Common Stock to be sold to Microsoft Corp. pursuant to such definitive agreement.