Excess Common Shares definition

Excess Common Shares means Excess Shares that would, under Paragraph 9.N(v)(a), automatically be exchanged for Common Shares in the event of a transfer of an interest in the Special Trust in which such Excess Shares are held.

Excess Common Shares means Common Shares that are designated as Excess Shares.

Excess Common Shares means, in the event the Investor would, upon receipt of any Placement Underlying Shares issued in accordance with the terms of the Subscription Receipt Agreement, together with its affiliates, own or exercise control or direction (or both) over 10% or more of the Common Shares issued and outstanding immediately following closing of the Acquisition, such number of Common Shares that would result in the Investor and its affiliates having ownership of, or control or direction (or both) over, 10% or more of the outstanding Common Shares;

Examples of Excess Common Shares in a sentence

• The term "Excess Common Shares" means at any time the amount by which (x) the number (subject to Anti-Dilution Adjustments) of shares of Common Stock which Jacobs shall then propose to sell or shall have sold since the date hereof in private sales, public sales or otherwise, but excluding any shares acquired upon exercise of Jacobs Options, exceeds (y) 5,000,000 (subject to Anti-Dilution Adjustments).

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• The sale of the Excess Common Shares and Excess Elected Shares by the Exchange Agent shall be executed on the NYSE through one or more member firms of the NYSE and shall be executed in round lots to the extent practicable.

• Following the Effective Time, the Exchange Agent, as agent for the holders of Shares, shall sell the Excess Common Shares at then prevailing prices on the NYSE, all in the manner provided in subsection (iii) of this Section 2.7.

More Definitions of Excess Common Shares

Excess Common Shares has the meaning ascribed thereto in Section 5.8(b).

Excess Common Shares means shares of excess stock of the Corporation, par value $0.01 per share, which are issued with respect to Common Stock.

Excess Common Shares means Excess Shares that would, under Section 6.8(e)(i), automatically be exchanged for Common Shares in the event of a transfer of an interest in the Special Trust in which such Excess Shares are held.

Excess Common Shares means at any time the amount by which (x) the number (subject to Anti-Dilution Adjustments) of shares of Common Stock which Xxxxxx shall then propose to sell or shall have sold since the date hereof in private sales, public sales or otherwise, but excluding any shares acquired upon exercise of Xxxxxx Options, exceeds (y) 5,000,000 (subject to Anti- Dilution Adjustments).

Excess Common Shares shall have the meaning set forth in Section 23.4 hereof.

Excess Common Shares means, with respect to the shares of Compost Common Stock that are owned and held by Lionhart immediately subsequent to the Ancillary Transactions Closing on the Closing Date, as is otherwise ascribed to such term in Section 10.1 of this Agreement.

Excess Common Shares has the meaning ascribed thereto in Section 5.8(b). “Excess Subscription Receipts” has the meaning ascribed thereto in Section 5.8(b).