Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.
Excess Shares. Equity Shares that have been designated as “Excess Shares” pursuant to the Company’s Articles of Incorporation. Expense Year. Expense Year shall have the meaning set forth in Section 12 of this Agreement.
Excess Shares. If the Shares covered by this Agreement exceed, as of the date the PRU is granted, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then the Award shall be void with respect to those excess Shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.
Excess Shares. Equity Shares that have been designated as “Excess Shares” pursuant to the Company’s Articles of Incorporation. Expense Year. Expense Year shall have the meaning set forth in Section 12 of this Agreement. Financing Coordination Fee. Financing Coordination Fee shall have the meaning set forth in Section 9(g) of this Agreement.
Excess Shares. If the Shares covered by this Award Agreement exceed, as of the Grant Date, the number of Shares which may without stockholder approval be issued under the Plan, then the Option shall be void with respect to those excess Shares, unless stockholder approval of an amendment sufficiently increasing the number of Shares issuable under the Plan is obtained in accordance with the provisions of the Plan.
Excess Shares. The term "Excess Shares" shall have the meaning set forth in Section 15.6(d).
Excess Shares. (a) If, notwithstanding the other provisions contained in this Article 6, at any time, until the Restriction Termination Date, there is a purported Transfer or other change in the capital structure of the REIT such that any Person would Beneficially Own Units in excess of the applicable Ownership Limit or Existing Holder Limit (as applicable), then, except as otherwise provided in Sections 6.9 and 6.12, the Units Beneficially Owned in excess of such Ownership Limit or Existing Holder Limit (rounded up to the nearest whole Unit) shall constitute “Excess Shares” and shall be treated as provided in this Article 6. Such designation and treatment shall be effective as of the close of business on the business day prior to the date of the purported Transfer or change in capital structure.
Excess Shares. If any Contributors are ever deemed to hold "Excess Shares" as defined in the Articles of Incorporation, the REIT will use reasonable efforts to try to enable such Contributors to keep such shares; provided that the REIT need not take any steps that would jeopardize its status as a REIT or that would require the REIT to issue additional securities.
Excess Shares. (A) If, at any time, a person (as defined in (C) below only for purposes of this Article XII) shall be or become an Owner (as defined in (C) below) of Shares of the Trust in excess of 9.8% of the outstanding Shares entitled to vote (the "Limit"), those Shares of the Trust most recently acquired by such Person which are in excess of the Limit, including for this purpose Shares deemed owned through attribution, shall constitute "Excess Shares". Excess Shares shall have the following characteristics:
Excess Shares. The term "Series B-2 Excess Shares" shall have the meaning set forth in Section 16.6(d).
