Available Treasury Shares is referred to in comparison to the number of ADSs necessary to satisfy conversion obligations at a certain point in time, in order to facilitate such comparison, “Available Treasury Shares” shall be expressed as the number of ADSs that would represent the number of Available Treasury Shares held by the Issuer at such time (through the CPOs that are necessary to evidence such Ordinary Shares).

Available Treasury Shares means, as of any time of determination, Ordinary Shares of the Issuer available in treasury, and for which the Issuer has obtained any regulatory or other approval (including satisfaction or waiver of preemptive rights), taken such corporate action and made such contractual arrangements necessary such that, at the time at which Notes could be

Available Treasury Shares means all shares of Common Stock held by the Company in treasury on the Closing Date or acquired by the Company after the Closing Date and held in treasury (other than 232,134 shares of Common Stock held in treasury by the Company on the Closing Date and previously reserved). If and for so long as any Available Treasury Shares remain so held in treasury, the Company shall not (A) deliver any such Available Treasury Shares to any Person other than Holders of Securities, or for any purpose other than in connection with conversion of Securities held by such Holders, or (B) issue or deliver any shares of Common Stock (other than Available Treasury Shares) to Holders of Securities upon conversion of such Securities.

Examples of Available Treasury Shares in a sentence

The indentures governing the Notes contain a covenant requiring the Issuer to cause a sufficient number of Available Treasury Shares (as defined in the Preliminary Offering Memorandum) or CPOs to be authorized in order to satisfy its conversion obligations, within the time limits set forth in the indentures.
Section 13.1(c) "Available Treasury Shares" ......................................
The indenture governing the Notes contains a covenant requiring the Issuer to cause a sufficient number of Available Treasury Shares (as defined in the indenture governing the Notes) or CPOs to be authorized in order to satisfy its conversion obligations, within the time limits set forth in the indenture governing the Notes.

More Definitions of Available Treasury Shares

Available Treasury Shares means, as of any time of determination, Ordinary Shares of the Issuer available in treasury, and for which the Issuer has obtained any approval (including satisfaction or waiver of preemptive rights), taken such corporate action and made such contractual arrangements necessary such that, at the time at which Notes could be converted, the Issuer will be able to deliver such Ordinary Shares to timely satisfy its conversion obligations relating to the Notes, including by causing such Ordinary Shares to underlie any necessary CPOs, provided that Available Treasury Shares shall not include the number of Ordinary Shares available in treasury needed to satisfy any and all of the Issuer’s contingent or non-contingent obligations to deliver Ordinary Shares (other than in connection with a conversion of the Notes), including, without limitation, in connection with any employee compensation arrangements and the settlement of conversions of securities convertible into Ordinary Shares (including, without limitation, the Mandatory Convertible Securities issued on December 10, 2009, the 3.25% Convertible Subordinated Notes due 2016 and the 3.75% Convertible Subordinated Notes due 2018 ). When “Available Treasury Shares” is referred to in comparison to the number of ADSs necessary to satisfy conversion obligations at a certain point in time, in order to facilitate such comparison, “Available Treasury Shares” shall be expressed as the number of ADSs that would represent the number of Available Treasury Shares held by the Issuer at such time (through the CPOs that are necessary to evidence such Ordinary Shares).

Related to Available Treasury Shares

Treasury Shares means Shares that were previously issued but were purchased, redeemed, surrendered or otherwise acquired by the Company and not cancelled.
Treasury Share means a Share held in the name of the Company as a treasury share in accordance with the Statute.
Other Available Shares means, as of any date, the sum of:
Available Shares means the sum of (i) one hundred fifty thousand (150,000) shares of Common Stock, and (ii) an annual increase on April 1st of each calendar year, beginning in 2022 and ending in 2031 (each a “Date of Determination”), in each case subject to the approval and determination of the Administrator on or prior to the applicable Date of Determination, equal to the lesser of (A) four percent (4%) of the total shares of Common Stock of the Company outstanding on the last day of the immediately preceding fiscal year and (B) such smaller number of shares as determined by the Administrator (the “Share Limit”). Notwithstanding the foregoing, shares added to the Available Shares by the Share Limit are available for issuance as Incentive Stock Options only to the extent that making such shares available for issuance as Incentive Stock Options would not cause any Incentive Stock Option to cease to qualify as such. In the event that the Administrator shall not take action to affirmatively approve an increase in the Share Limit on or prior to the applicable Date of Determination, the Share Limit and Available Shares, shall remain at such level as they were prior to such applicable Date of Determination. For clarity, the Available Shares is a limitation on the number of shares of Common Stock that may be issued pursuant to the Plan.
Class B Common Shares means (x) the Company’s Class B Common shares, $0.002 par value per share, the terms of which may be designated by the board of directors of the Company in a certificate of designations and (y) any share capital into which such preferred shares shall have been changed or any share capital resulting from a reclassification of such preferred shares (other than a conversion of such preferred shares into Common Shares in accordance with the terms of such certificate of designations).
Class A Common Shares means shares of the Class A Common Stock, par value $.01 per share, of the Company.
Treasury Stock shall have the meaning set forth in Section 3.1.2.
Class B Ordinary Shares shall have the meaning ascribed to it in Section 2.4(a).
Class A Ordinary Shares shall have the meaning ascribed to it in Section 2.4(a).
Class B Common Stock means the Class B Common Stock, par value $0.01 per share, of the Company.
Class A Common Stock means the Class A common stock, par value $0.01 per share, of the Company.
A Ordinary Shares means the A ordinary shares of £0.01 each in the capital of the Company;
Available Securities means the securities of the Funds that are available for Loans pursuant to Section 3.
Ordinary Shares means the ordinary shares, par value $0.0001 per share, of the Company.
Ordinary Shares Equivalents means any securities of the Company or the Subsidiaries which would entitle the holder thereof to acquire at any time Ordinary Shares, including, without limitation, any debt, preferred stock, right, option, warrant or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Ordinary Shares.
Common Shares means the common shares in the capital of the Corporation;
Company Class A Common Stock means the Class A Common Stock, par value $0.01 per share, of the Company.
Common Stock means the common stock of the Company.
A Shares means a participating share of no par value in the capital of the Fund, denominated in US Dollars;
Company Class B Common Stock means the Class B common stock, par value $0.01 per share, of the Company.
Unissued Option Shares means the number of Shares, at a particular time, which have been reserved for issuance upon the exercise of an Option but which have not been issued, as adjusted from time to time in accordance with the provisions of section 5, such adjustments to be cumulative.
New Ordinary Shares means the new Ordinary Shares arising on Conversion of the C Shares;
Pre-Funded Warrant Shares means the shares of Common Stock issuable upon exercise of the Pre-Funded Warrants.
Class A Ordinary Share Value means, as of the close of business on the day preceding the date, the volume weighted average trading price of the Class A Ordinary Shares on all trading platforms or trading systems on which the Class A Ordinary Shares are being traded over the forty-five (45) trading days then ended, provided, that if the total aggregate trading volume over such 45-trading-day period is less than 5% of the public float, such period shall be extended to the ninety (90) trading days then ended, provided, further, if the total aggregate trading volume over such 90-trading-day period is less than 5% of the public float, the holder of the Class B Ordinary Shares shall request that the Board obtain an appraisal of the value of the Class A Ordinary Shares from one or more independent nationally-recognized third party appraisal companies and such appraisal shall constitute the Class A Ordinary Share Value.
Equivalent Shares means Preferred Shares and any other class or series of capital stock of the Company which is entitled to the same rights, privileges and preferences as the Preferred Shares.
Underlying Common Stock means the Common Stock into which the Notes are convertible or issued upon any such conversion.

Available Treasury Shares definition

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