Aggregate Share Cap definition

Aggregate Share Cap means initially 96.5 shares of Common Stock per $1,000 principal amount of Securities, subject to proportional adjustment in the same manner as the Conversion Rate upon the occurrence of any of the events described in clauses (1) through (4) under Section 4.06(a).

Aggregate Share Cap means 11,740,185 shares of Common Stock (subject to proportionate adjustment for stock dividends, stock splits or stock combinations with respect to the Common Stock).

Aggregate Share Cap means 4,387,379.229 Common Shares, which, together with the 2,700,000 Common Shares issued in the Equity Issuance, represents approximately 19.9% of the outstanding Common Shares as of immediately prior to the date of this Indenture.

Examples of Aggregate Share Cap in a sentence

• The Company shall at all times reserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, a number of shares of Common Stock equal to (i) prior to the date on which the Company has satisfied the Share Reservation Condition, the Aggregate Share Cap and (ii) on and after the date on which the Company has satisfied the Share Reservation Condition, the Maximum Number of Underlying Shares.

• Before the Company satisfies the Share Reservation Condition, a number of shares of Common Stock equal to the Aggregate Share Cap have been duly authorized and reserved and, when issued upon conversion of the Securities in accordance with the terms of the Securities, will be validly issued, fully paid and non-assessable, and the issuance of the Underlying Securities will not be subject to any preemptive or similar rights.

• As used in this Agreement, the term “Maximum Aggregate Number of Underlying Securities” means (i) before the Company has satisfied the Share Reservation Condition, a number of shares of Common Stock equal to the Aggregate Share Cap and, (ii) if the Company has satisfied the Share Reservation Condition, a number of shares of Common Stock equal to the sum of the Maximum Number of Underlying Securities plus the Maximum Number of Affiliate Underlying Securities.

More Definitions of Aggregate Share Cap

Aggregate Share Cap means 9,395,433 shares of Common Stock (subject to proportionate adjustment for stock dividends, stock splits or stock combinations with respect to the Common Stock).

Aggregate Share Cap shall have the meaning specified in Section 10.01(e).

Aggregate Share Cap means 184,760,252 shares of Common Stock (subject to proportionate adjustment for share dividends, share splits or share combinations with respect to the Common Stock).

Aggregate Share Cap means 80 shares of Common Stock per $1,000 principal amount of Debentures, subject to adjustment upon the occurrence of any of the events described in clauses (1) through (4) under Section 15.06(a).

Aggregate Share Cap means: (1) at all times when the NYSE MKT Stockholder Approval has not been obtained, 7,491,100 shares of Common Stock, which, together with the number of shares issued pursuant to the Exchange Agreement, less the maximum number of shares of Common Stock issuable upon coversion of the Existing Convertible Notes to be exchanged pursuant to the Exchange Agreement, represents approximately 19.9% of the outstanding Common Stock as of immediately prior to the Issue Date; and (2) at all times from and after the NYSE MKT Stockholder Approval has been obtained, 127,230,613 shares of Common Stock; provided, however, that the Aggregate Share Cap will be subject to proportionate adjustment for stock dividends, stock splits or stock combinations with respect to the Common Stock.

Aggregate Share Cap means 19.99% of the shares of Common Stock outstanding on the Issue Date (subject to appropriate adjustment in the event of a stock split, stock dividend, combination or other similar recapitalization).

Aggregate Share Cap has the meaning set forth in Section 19(A).