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
On the Second Closing Date, upon the terms and subject to the conditions set forth herein, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, (i) up to an aggregate of 2,222 Second Shares with an aggregate Stated Value of $2,222,222, for an aggregate Second Subscription Amount of $2,000,000 as set forth on the signature pages hereto executed by the Purchasers and (ii) the Second Warrants.
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 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 means the shares of Preferred Stock issued by the Company to the Purchasers hereunder on the Second Closing Date.
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 has the same meaning as set forth in the Stock Purchase Agreement.
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.