Underlying Common Shares definition

Underlying Common Shares means the Common Shares into which the Securities are convertible or issued upon any such conversion.

Underlying Common Shares means the Warrant Shares, the Conversion Shares and the Dividend Shares.

Underlying Common Shares means the Common Shares issuable upon exercise of the Warrants;

Examples of Underlying Common Shares in a sentence

• The Company shall not effect any voluntary deregistration under the Exchange Act or any voluntary delisting with the NASDAQ and shall take all actions within its control to (i) maintain the listing of the Common Stock on NASDAQ and (ii) cause the Underlying Common Shares to be listed on NASDAQ at the time of issuance.

• No “fair price,” “moratorium,” “control share acquisition” or other similar anti-takeover statute or regulation or any anti-takeover provision under applicable Law or in the Certificate of Incorporation or Bylaws is, or at the Closing will be, applicable to this Agreement, the transactions contemplated hereby, the issuance of the Series B Convertible Preferred Stock pursuant hereto or the issuance of the Underlying Common Shares in accordance with the Certificate of Designation.

• The Board of Directors of the Company has taken all necessary actions so that the restrictions on business combinations set forth in Article Tenth of the Company’s Certificate of Incorporation and any other similar applicable Law are not applicable to this Agreement, the transactions contemplated hereby, the issuance of the Series B Convertible Preferred Stock pursuant hereto or the issuance of the Underlying Common Shares.

• The issuance of the Series B Convertible Preferred Stock pursuant to this Agreement and the Underlying Common Shares have been duly authorized and reserved for issuance by all necessary corporate action of the Company.

• The Company has submitted to NASDAQ a correct and complete Notification Form: Listing of Additional Shares for the listing of the Underlying Common Shares.

More Definitions of Underlying Common Shares

Underlying Common Shares means the Common Shares issuable in accordance with the Subscription Receipts;

Underlying Common Shares shall have the meaning given in the Recitals hereto.

Underlying Common Shares means the Common Shares automatically issuable to Receiptholders without payment of additional consideration in accordance with the terms and conditions of this Agreement;

Underlying Common Shares means (a) with respect to any Preference Share, the aggregate number of Common Shares issuable upon conversion of such Preference Share pursuant to the Certificate of Designation, (b) with respect to any RSU, the aggregate number of Common Shares issuable upon the settlement of such RSU, (c) with respect to any Option, the aggregate number of Common Shares subject to such Option and (d) with respect to any Warrant, the aggregate number of Common Shares subject to such Warrant.

Underlying Common Shares shall have the meaning set forth in Section 3(c).

Underlying Common Shares means the Common Shares into which the Notes are convertible, or which are issuable upon a conversion, repurchase or redemption of the Notes in accordance with the Indenture, or that are issued upon any such conversion, repurchase or redemption of the Notes, including any Common Shares of a Public Entity into which the Notes may become convertible in accordance with the Indenture.

Underlying Common Shares means the Common Shares issuable upon conversion of the Preferred Shares.”