Underlying Common Shares definition

Underlying Common Shares means the shares of Common Stock issuable or issued upon conversion of the Purchase Shares.

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

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

Examples of Underlying Common Shares in a sentence

• To the extent that a legal opinion is not provided (either timely or at all), then, in addition to being an Event of Default hereunder, the Company agrees to reimburse the Holder for all reasonable costs incurred by the Holder in connection with any legal opinions paid for by the Holder in connection with sale or transfer of Underlying Common Shares.

• As soon as reasonably practicable following the Closing, the Company shall, at its expense, cause the Underlying Common Shares and the Warrant Shares to be listed on the same national securities exchange on which the Common Stock is listed, subject to official notice of issuance, and shall maintain such listing for so long as any Common Stock is listed on such exchange.

• The Investor acknowledges that the Capital Securities, the Underlying Common Shares and the Warrant Shares have not been registered under the Securities Act or under any state securities laws.

• The Investor acknowledges that, on the date hereof, the Company is not eligible to file a registration statement on Form S-3 covering all of the Capital Securities, Amended Warrant, Underlying Common Shares and Warrant Shares, and the Company shall not be obligated to file a Shelf Registration Statement (as defined in Section 4.5 of the Securities Purchase Agreement) unless and until requested to do so in writing by the Investor.

• The Shares and the Underlying Common Shares will be validly issued, fully paid and nonassessable.

More Definitions of Underlying Common Shares

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

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

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

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

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

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.