Third Closing Shares definition

Third Closing Shares means the Third Closing Eco Telecom Shares, the Third Closing VIP Shares, if any, and the Third Closing Telenor Shares, if any.

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Third Closing Shares is defined in Section 2.1(c).

Third Closing Shares means 1,010,000 shares of Common Stock, subject to appropriate adjustment in the event of any stock dividend, stock split, combination or other similar recapitalization with respect to the Common Stock.

Examples of Third Closing Shares in a sentence

• At the Second Closing, the Company shall also deliver to Purchaser a certificate of the Company’s Secretary, dated as of the Second Closing Date, certifying as to the resolutions duly adopted by the necessary vote of the Company’s stockholders authorizing the issuance of the Second Closing Shares, the Third Closing Shares and the Fourth Closing Shares to Purchaser subject to and in accordance with the terms of this Agreement.

• The Purchaser shall deliver to the Company via wire transfer or a certified check immediately available funds equal to the Third Closing Subscription Amount and the Company shall deliver to the Purchaser the Third Closing Shares.

• Subject to the terms and conditions of this Agreement, at the Third Closing, the Company will issue and sell to Gilead, and Gilead will purchase from the Company, the Third Closing Shares, at a price per share equal to the Third Closing Purchase Price, for an aggregate purchase price equal to the Aggregate Third Closing Purchase Price.

• At the Third Closing, the Company shall deliver to each Purchaser its respective pro rata share of the Third Closing Shares (based on such Purchaser’s applicable Subscription Amount relative to the aggregate Third Closing Purchase Price) (such Purchaser’s “Applicable Third Closing Shares”), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Third Closing.

• The Third Closing Shares shall be allocated ratably, including fractional shares, to each Lender Shareholder according to aggregate principal amount of each such Lender Shareholder’s outstanding Loans as of the Third Closing Date.

More Definitions of Third Closing Shares

Third Closing Shares means the Third Closing Subscription Amount divided by the Per Share Purchase Price.

Third Closing Shares means a number of Shares equal to 9.9% of the outstanding common stock of the Company on the Third Closing Date (or on the most recent practicable date prior to the Third Closing Date as of which such share count is ascertainable by the parties).

Third Closing Shares shall have the meaning ascribed to such term in Section 2.1(c).

Third Closing Shares wherever used in the Original Agreement, shall be deemed to refer to one share of the Series AA Preferred 3 Stock, par value $.01 per share, of the Seller (the "Transferred Stock" or the "Series AA Preferred Stock"), which Series AA Preferred Stock shall be issued under a Certificate of Designation relating thereto which contains the terms and conditions set forth in Exhibit A hereto and shall otherwise be in form and substance reasonable acceptable to the Purchaser;

Third Closing Shares means a number of Shares equal to 9.9% of the outstanding common stock of the Company on the Third Closing Date (or on the most recent practicable date prior to the Third Closing Date as of which such share count is ascertainable by the parties). Aggregate Purchase Price Section 1.01 Agreement Preamble Antitrust Laws Section 2.02(b)(i) Board Section 1.03(b)(v) business day Section 5.02 Buyer Preamble Closing Section 1.02 Company Preamble date hereof Section 5.02 date of this Agreement Section 5.02 Equity Commitment Letter Section 3.04 Equity Financing Section 3.04 Equity Investor Section 3.04 Exchange Act Section 2.02(b)(iii) First Extended Outside Date Section 5.13(b)(i) Fourth Closing Section 1.02(d) Fourth Closing Date Section 1.02(d) Gaming Approvals Section 2.02(b)(ii) Initial Closing Section 1.02(a) Initial Closing Date Section 1.02(a) Initial Outside Date Section 5.13(b)(i) Judgment Section 2.04 Law Section 2.01(b) Legal Restraint Section 1.03(a)(i) Liens Section 2.03 M&F Section 1.03(b)(iv) Nasdaq Section 2.02(b)(iii) New Directors Section 1.03(b)(v) Per Share Purchase Price Section 1.01 Second Closing Section 1.02(b) Second Closing Date Section 1.02(b) Second Extended Outside Date Section 5.13(b)(i) Securities Act Section 2.02(b)(iii) Seller Preamble Seller Designee Section 1.03(b)(v) Sellers Preamble Shares Preamble Stock Purchase Section 1.01 Third Closing Section 1.02(c) Third Closing Date Section 1.02(c) [Signature pages follow]

Third Closing Shares means 1,010,000 shares of Common Stock, subject to appropriate adjustment in the event of any stock dividend, stock split, combination or other similar recapitalization with respect to the Common Stock prior to the Third Closing.

Third Closing Shares is defined in Section 1.1(c).