Underlying Common Stock definition

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

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

Underlying Common Stock means the Common Stock into which the Debentures are convertible or issued upon any such conversion.

Examples of Underlying Common Stock in a sentence

• The shares of Underlying Common Stock have been duly authorized and reserved for issuance upon conversion of the Capital Securities and when so issued in accordance with the terms of the New Certificate of Designations will be validly issued, fully paid and nonassessable.

• Subject to the effectiveness of the Proposed Charter Amendment, the shares of Underlying Common Stock will have been duly authorized and reserved for issuance upon conversion of the Capital Securities and when so issued in accordance with the terms of the New Certificate of Determination will be validly issued, fully paid and nonassessable.

• Each holder of Series A Preferred and Underlying Common Stock shall have all rights and remedies set forth in this Agreement, the Articles of Incorporation and all rights and remedies which such holders have been granted at any time under any other agreement or contract and all of the rights which such holders have under applicable law.

• The Holder acknowledges that the Company has no obligation to register or qualify the New Notes or the Underlying Common Stock for resale except as set forth in the Registration Rights Agreement.

• The Holder understands that the New Notes (and the Underlying Common Stock) are “restricted securities” under applicable U.S. federal and state securities laws and that, pursuant to these laws, the Holder must hold the New Notes (and the Underlying Common Stock) indefinitely unless they are registered with the Securities and Exchange Commission and qualified by state authorities, or an exemption from such registration and qualification requirements is available.

More Definitions of Underlying Common Stock

Underlying Common Stock means (i) the Common Stock issued or issuable upon exercise of the Warrants and (ii) any Common Stock issued or issuable with respect to the securities referred to in clause (i) above by way of stock dividend or stock split or in connection with a combination of shares, recapitalization, merger, consolidation or other reorganization.

Underlying Common Stock. The Common Stock into which the Notes are convertible or issued upon any such conversion.

Underlying Common Stock means (i) the Common Stock issued or issuable upon conversion of the Class B Preferred Stock, and any (ii) Common Stock issued or issuable with respect to the securities referred to in clause (i) above by way of stock dividend or stock split or in connection with a combination of shares, recapitalization, merger, consolidation or other reorganization. For purposes of this Agreement, any Person who holds Class B Preferred Stock shall be deemed to be the holder of the Underlying Common Stock obtainable upon conversion of such Class B Preferred Stock in connection with the transfer thereof or otherwise regardless of any restriction or limitation on the conversion of the Class B Preferred Stock, such Underlying Common Stock shall be deemed to be in existence, and such Person shall be entitled to exercise the rights of a holder of Underlying Common Stock hereunder. As to any particular shares of Underlying Common Stock, such shares shall cease to be Underlying Common Stock when they have been (a) effectively registered under the Securities Act and disposed of in accordance with the registration statement covering them, (b) distributed to the public through a broker, dealer or market maker pursuant to Rule 144 under the Securities Act (or any similar provision then in force) or (c) repurchased by HI.

Underlying Common Stock the shares of Common Stock issuable or issued upon the exercise of the Warrants.

Underlying Common Stock means the Common Stock issuable upon conversion of the Notes.

Underlying Common Stock means the shares of Common Stock issuable or issued upon the exercise of the Warrants.

Underlying Common Stock means the Common Stock into which the Bonds are convertible or issued upon any such conversion.