Securities Calculation Clause Samples
Securities Calculation. At each Closing the Partnership will issue to the Investor that number of Series B Convertible Preferred Units equal to the quotient of: (i) the Exercised Put Amount received by the Partnership, or, in the case of a Construction Loan Put Exercise, committed to the Partnership by the Investor, regardless of whether the Investor has funded the Exercised Put Amount in full, divided by (ii) 100; except upon the first Closing, in which case, the Company, against receipt of payment of $100,000 of the Exercised Put Amount for such Closing, will issue to the Investor (subject to Section 5.14(f)) 1,000 shares of Series C Preferred Stock, and the Partnership will issue to the Investor that number of Series B Convertible Preferred Units equal to the quotient of: (a) the balance of the Exercised Put Amount received by the Partnership upon such Closing, divided by (b) 100.
Securities Calculation. At each Closing the Partnership will issue to the Investor that number of Series B Convertible Preferred Units equal to the quotient of: (i) the Exercised Put Amount received by the Partnership upon such Closing divided by (ii) 100; except upon the first Closing, in which case, the Company, against receipt of payment of $100,000 of the Exercised Put Amount for such Closing, will issue to the Investor (subject to Section 5.14(f)) 1,000 shares of Series A Preferred Stock, and the Partnership will issue to the Investor that number of Series B Convertible Preferred Units equal to the quotient of: (a) the balance of the Exercised Put Amount received by the Partnership upon such Closing, divided by (b) 100.
Securities Calculation. Pursuant to each Draw Down, the Issuer Parties shall issue at each Closing to the Investor:
(a) That number of Series D Preferred Shares equal to the quotient of: (i) the total Draw Down Amount divided by (ii) 25; and each Series D Preferred Share so issued shall be linked to a Subsidiary Preferred Unit so issued at such Closing;
(b) That number of Subsidiary Preferred Units equal to the quotient of: (i) the total Draw Down Amount divided by (ii) 25; and each Subsidiary Preferred Unit so issued shall be linked to a Series D Preferred Share so issued at such Closing;
(c) A Warrant, substantially in the form of Exhibit D, to purchase that number of Common Shares equal to: (i) 9,931,000 (as such number may be adjusted from time to time pursuant to the terms of the Warrants) multiplied by (ii) a fraction, the numerator of which is the Draw Down Amount and the denominator of which is $100,000,000; and
(d) Common Share Appreciation Rights, substantially in the form of Exhibit E, in respect of that number of Common Shares equal to: (i) 6,735,667 (as such number may be adjusted from time to time pursuant to the terms of the Common Share Appreciation Rights) multiplied by (ii) a fraction, the numerator of which is the Draw Down Amount and the denominator of which is $100,000,000; For purposes of clarification, in no event shall the number of Common Shares that may actually be issued hereunder, including upon exercise of the Warrants, exceed the Exchange Cap.