Common Shares definition
Examples of Common Shares in a sentence
The Person or Persons entitled to receive the Common Shares issuable upon a conversion of this Note shall be treated for all purposes as the record holder or holders of such Common Shares upon the transmission of a Conversion Notice.
The Company covenants that, upon issuance in accordance with conversion of this Note in accordance with its terms, the Common Shares, when issued, will be validly issued, fully paid and nonassessable.
Notwithstanding anything to the contrary, during the ROFR Period, the Seller shall and shall cause its Affiliates to conduct all discussions, negotiations and communications regarding any Transfer of Common Shares or any interest therein or rights and benefits attached thereto in accordance with either (i) the terms and conditions set out in Schedule 1 or (ii) the terms and conditions set out in Section 2.2(x) or Section 2.6(a).
The Holder shall not have the right to convert any portion of this Note to the extent that after giving effect to such conversion, the Holder, together with any affiliate thereof, would beneficially own (as determined in accordance with Section 13(d) of the Exchange Act and the rules promulgated thereunder) in excess of 4.99% of the number of Common Shares outstanding immediately after giving effect to such conversion.
For the avoidance of doubt, the Exchange Cap applicable under this clause (ii) equals 22,381,878 Common Shares, as specified in Section 3.02(c) of the SEPA.