Examples of Accentia Common Stock in a sentence
At any time after the date hereof, the Company may elect to convert all or a portion of the principal and all accrued and unpaid interest thereon outstanding under this Note into shares of Accentia Common Stock (a “Conversion Election”) upon prior written notice to, and the written consent of, the Holder.
Sales of the Conversion Shares by the Holder will be subject to, and the Holder will comply with, the limitations on the number of shares of Accentia Common Stock that may be sold from time to time contained in Rule 144(e) of the Rules and Regulations under the Securities Act of 1933, as amended, promulgated by the United States Securities and Exchange Commission (“Rule 144”), without regard to whether or not the Holder is considered an “Affiliate” of the Company for purposes of Rule 144(e).
During the period this conversion right remains outstanding, the Company will reserve from its authorized and unissued Accentia Common Stock a sufficient number of shares to provide for the issuance of the Conversion Shares upon the full conversion of this Note.
The Debtors do not believe that the Holders of Class 15 Equity Interests are Impaired by the Plan, since their shares of Existing Accentia Common Stock were subject to significant dilution as of the Petition Date.
All borrowing and lending will be effected in the name of the Council.
For the purpose of this Section 5(a)(ii), the term "Accentia Common Stock" shall mean (xx) the class of stock designated as the Common Stock of Accentia at the date of this Note, or (yy) any other class of stock resulting from successive changes or reclassifications of such Common Stock consisting solely of changes in par value, or from par value to no par value, or from no par value to par value.
To the extent requested by the Holder of an Allowed Class 15 Equity Interest, such Holder shall receive, upon surrender to the Transfer Agent of a stock certificate evidencing shares of Existing Accentia Common Stock, a new certificate representing the Class 15 Plan Shares.
Any certificate for shares of Reorganized Accentia Common Stock or Biovest Common Stock issued under the Plan to a holder of at least five percent (5%) of the issued and outstanding shares of Reorganized Accentia Common Stock or Biovest Common Stock shall contain a legend thereon setting forth the foregoing provisions and restrictions.
Upon this conversion, certain of the Lenders will receive 983,145 shares of Accentia Common Stock, in the amounts set forth on Schedule 13(p) attached hereto.
If, at any time prior to the Option C Maturity Date, the VWAP is at least $1.50 per share for ten (10) consecutive Trading Days, an Option C Holder, at its option, may upon written notice to Reorganized Accentia convert any or all of the Option C Allowed Claim Amount into shares of Reorganized Accentia Common Stock at a conversion rate equal to the Automatic Conversion VWAP Price used for the initial conversion on the Determination Date.