Common Equivalent Shares means the Shares and any other class or series of capital stock of the Company, whether or not denominated as Shares, including any series of preferred stock.
Common Equivalent Shares. Beneficially Owned by any person shall mean the number of shares of Common Stock Beneficially Owned by such person.
Common Equivalent Shares means the total number of shares of Common Stock outstanding on a fully diluted basis, calculated in a manner consistent with the manner used by the General Partner for reporting diluted earnings or loss per share under generally accepted accounting principles, it being understood that, to the extent that the General Partner discloses diluted earnings or loss per share in any of its periodic reports publicly filed with the Securities and Exchange Commission, Common Equivalent Shares for such period for the purposes of this Agreement shall be calculated in a manner consistent with such public disclosure.
Examples of Common Equivalent Shares in a sentence
Fully Diluted Market Capitalization is calculated using Common Stock OS and Common Equivalent Shares OS on a Fully Diluted basis.
The Company shall not take any of the actions described in any of subsections (1) - (3) above at a time when any Common Equivalent Shares are outstanding unless the Company shall take substantively identical actions with respect to the outstanding Common Stock and outstanding Common Equivalent Shares.
Conversely, the Company shall not take any actions with respect to outstanding Common Equivalent Shares analogous to those described in any of subsections (1) - (3) above unless the Company shall take substantively identical actions with respect to the outstanding Common Stock and outstanding Common Equivalent Shares.
Market Capitalization is calculated using Common and Common Equivalent Shares OS on a Fully Diluted basis.
If the shareholders had voted against the amendment, the Contingent Warrants and depository shares would have separated and begun trading separately while the Common Equivalent Shares would have partially converted into BAC common stock.
More Definitions of Common Equivalent Shares
Common Equivalent Shares means any equity or debt securities of New Holdings convertible, exchangeable or exercisable for New Holdings Common Stock, without additional consideration other than the relinquishment of rights pertaining to such securities.
Common Equivalent Shares means the total number of Shares outstanding on a fully-diluted basis, calculated in a manner consistent with the manner used by the Company for reporting diluted earnings or loss per Share under generally accepted accounting principles, it being understood that, to the extent that the Company discloses diluted earnings or loss per share in any of its periodic reports publicly-filed with the Securities and Exchange Commission, Common Equivalent Shares for such period for the purposes of this Plan shall be calculated in a manner consistent with such public disclosure.
Common Equivalent Shares means, with respect to each share of Series C Redeemable Preferred Stock, (x) as of the initial Issuance Date of the Series C1 Redeemable Preferred Stock, [ ](a) shares of Common Stock of the Company and (y) as of any other date, such number of shares of Common Stock of the Company, as increased or decreased from time to time by the board of directors of the Company acting in good faith, which determination shall be conclusive, to reflect (A) dividends and distributions in respect of Common Stock of the Company paid in Common Stock of the Company, (B) subdivisions, combinations and reclassifications of Common Stock of the Company, (C) the issuance to all holders of Common Stock of the Company of rights, options or warrants entitling such holders to purchase from the Company its Common Stock at a price below the Common Fair Market Value at the record date with respect to the issuance of such rights, options or warrants, and (D) capital contributions to the Company either (i) not accompanied by any issuance of Common Stock of the Company to the Person making any such capital contribution, or (ii) accompanied by the issuance of Common Stock of the Company (or securites convertible into or exchangeable therefor) to the person making any such capital contribution at an implied price per share of Common Stock of the Company that is less than the Common Fair Market Value as of the date of such capital contribution.
Common Equivalent Shares. Beneficially Owned by any person shall mean the number of shares of Common Stock Beneficially Owned by such person. "Common Stock" shall have the meaning set forth in the Recitals hereto, together with any other security of the Company for which the Common Stock shall have been exchanged in any recapitalization or similar transaction. "Designee" and "Designees" shall have the meaning set forth in Section 2.1(a) hereof. "Xxxxxxxxx Designator" shall mean Xxxx Xxxxxxxxx or, upon the death or other incapacity of Xxxx Xxxxxxxxx, Xxxxxx Xxxxxxxxx or, upon the death or other incapacity of Xxxxxx Xxxxxxxxx, such other person identified by Xxxxxxxxx Partners Inc. by written notice to the Secretary of the Company. "Xxxxxxxxx Designee" shall have the meaning set forth in the Recitals hereto. "Xxxxxxxxx Entities" shall have the meaning set forth in the Preamble hereto. "Xxxxxxxxx Forfeiture Event" shall mean a decrease in the Xxxxxxxxx Entities' Beneficial Ownership of Capital Stock to less than 1,500,000 Common Equivalent Shares, calculated in accordance with Section 2.4 hereof and appropriately adjusted for any stock splits, reverse stock splits, recapitalization of the Capital Stock or capital transaction of a similar nature. "Director" shall mean a member of the Board of Directors of the Company.
Common Equivalent Shares means the Shares and any other class or series of capital stock of the Company, whether or not denominated as Shares, including any series of preferred stock. (i) “Common Stock” has the meaning set forth in the recitals to this Agreement. (j) “Company” has the meaning set forth in the preamble of this Agreement, or any other Person who becomes the issuer of Shares. (k) “Company New Securities Notice” has the meaning set forth in Section 3.2(b). (l) “Company ROFO Period” has the meaning set forth in Section 2.2(c). (m) “Confidential Information” shall mean all business records, customer lists, cost data, personnel data relating to the Company’s, or any of its Subsidiaries’ or Affiliates’ employees, financial information with respect to the Company’s business or any of its Subsidiaries’ or Affiliates’ business, or any documents or information prepared by or for the Company or any of its Subsidiaries or Affiliates for use in their business with the expectation that the contents will not be disclosed to third parties and as to which reasonable efforts are made to restrict circulation, including information of or relating to trade secrets, information related to or connected with patent, copyright or trademark applications, or other intellectual property rights proprietary to the Company or any of its Subsidiaries or Affiliates. “Confidential Information” shall not include any information that (i) has become generally known to the public other than as a result of a disclosure of the Confidential Information by the recipient; (ii) has been disclosed to the recipient by a third party (other than a Subsidiary,
Common Equivalent Shares means at any time as to any Shareholder the sum of the number of shares of Common Stock held by such Shareholder at such time and the number of shares of Common Stock issuable at such time upon conversion of any Shareholder Shares then held by such Shareholder.
Common Equivalent Shares means the number of shares of Company Common Stock issued and outstanding as of immediately prior to the Effective Time, treating all Stock Options as having been fully exercised as of such time.