Shares Pool definition
Examples of Shares Pool in a sentence
Upon the making of each Term B Loan Advance (as defined in the Loan Agreement) to the Company, this Warrant automatically shall become exercisable for such number of additional shares of the Class as shall equal (a) the Term B Loan Shares Pool, multiplied by (b) a fraction, the numerator of which shall equal the amount of such Term B Loan Advance and the denominator of which shall equal $10,000,000, subject to adjustment thereafter from time to time in accordance with the provisions of this Warrant.
As used herein, “Additional Shares Pool” means 689,594 shares of the Class, as such number may be adjusted from time to time in accordance with the provisions of this Warrant (as if the Additional Shares Pool constituted “Shares” at all times for such purpose).
As used herein, “Additional Shares Pool” means 127,668 shares of the Class, as such number may be adjusted from time to time in accordance with the provisions of this Warrant (as if the Additional Shares Pool constituted “Shares” hereunder at all times from and after the Issue Date for such purpose).
This Agreement along with Settlement Agreement constitute the entire agreement between the Parties hereto pertaining to the Settlement Shares Pool and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the Parties.
As used herein, “Shares Pool” means 35,000 shares of the Class, as such number may be adjusted from time to time in accordance with the provisions of this Warrant (as if the Shares Pool constituted “Shares” hereunder at all times from and after the Issue Date hereof for such purpose).
As used herein, “Additional Shares Pool” means 152,195 shares of the Class, as such number may be adjusted from time to time in accordance with the provisions of this Warrant (as if the Additional Shares Pool constituted “Shares” at all times for such purpose).
Upon the making (if any) of each Term Loan Advance (as defined in the Loan Agreement) to the Company, this Warrant automatically shall become exercisable for such number of shares of the Class as shall equal (i) the Shares Pool, multiplied by (ii) a fraction, the numerator of which shall equal the amount of such Term Loan Advance and the denominator of which shall equal $24,000,000, subject to adjustment thereafter from time to time in accordance with the provisions of this Warrant.
The maximum amount corresponds to the ceiling for all purchase orders issued under this AGREEMENT.
The Parties acknowledge that the only terms and conditions upon which the Settlement Shares Pool is to be released are set forth in this Agreement.
The EBOF-BFI Settlement Shares Pool shall be held in escrow for the benefit of BFI pursuant to the escrow agreement (the “EBOF-BFI Escrow Agreement,” a copy of which has been attached hereto as Exhibit H).