Constructively definition

Constructively. Executive shall have been terminated "Constructively" if, after, as a result of or in connection with a "Change in Control", (i) Executive is offered a position with the Company or its successor on terms, including compensation, benefits and duties to be performed, which are materially inferior to the terms of his position with the Company prior to the "Change in Control" or (ii) Executive's duties with the Company or its successor are substantially reduced within 12 months after a "Change in Control".

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Constructively the constructive stock ownership rules of Section 318 of the Code, as modified by Section 856(d)(5) of the Code.

Constructively means ownership determined through the application of the constructive ownership rules of Section 318 of the Code, as modified by Code Section 856(d)(5).

Examples of Constructively in a sentence

• Any Person who Beneficially Owns or Constructively Owns or attempts to Beneficially Own or Constructively Own Shares which causes or will cause a Person to Beneficially Own or Constructively Own Shares in excess or in violation of the above limitations must immediately notify the Company and Transfer Agent (if any) or, in the case of such a proposed or attempted transaction, give at least 15 days prior written notice.

• Any Person who Beneficially or Constructively Owns or attempts to Beneficially or Constructively Own shares of Capital Stock which causes or will cause a Person to Beneficially or Constructively Own shares of Capital Stock in excess or in violation of the above limitations must immediately notify the Corporation.

• If any Transfer of Shares or Non-Transfer Event occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares in violation of ‎Section 13.2(a)(i) or (ii).

• The term “Prohibited Owner” shall mean, with respect to any purported Transfer, any Person who, but for the provisions of this Article VII, would Beneficially Own or Constructively Own shares of Capital Stock in violation of Section 7.2.1, and if appropriate in the context, shall also mean any Person who would have been the record owner of the shares that the Prohibited Owner would have so owned.

• Any Person who attempts to Beneficially Own or Constructively Own Shares in excess of the above limitation must immediately notify the Trust.

• If any Transfer of Shares or Non-Transfer Event occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares in violation of Section 13.2(a)(i) or (ii).

• The terms "Constructive Owner", "Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

• The terms "Constructive Owner," "Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

• Subject to certain further restrictions and except as expressly provided in the Trust's Declaration of Trust, no Person may Beneficially Own or Constructively Own Equity Shares of the Trust in excess of 9.8 percent (in vote or value) of the total outstanding Equity Shares or total outstanding common Shares of the Trust, unless such Person is an Excepted Holder (in which case the Excepted Holder Limit shall be applicable).

• In the event that Executive is terminated For Cause (as defined below) or if Executive voluntarily terminates his employment and is not Constructively Discharged (as defined below), StarMedia shall pay Executive all compensation due and owing through the last day actually worked and thereafter all of StarMedia's obligations under this Agreement shall cease.

More Definitions of Constructively

Constructively means constructively through the application of Section 318 of the Code, as modified by Section 856(d)(5) of the Code. The parties hereto understand that the foregoing definition, among other things, generally requires the parties to give effect to the issuance of the Warrant Shares but not to give effect to any other capital stock of the Company issuable to third parties upon the exercise of securities convertible into capital stock of the Company (including options, warrants or other convertible securities)). In the event that any adjustment under this Article IV would result in a violation by the General Partner of the REIT Test, any such shares or other securities which the Partnership would be entitled to acquire, or otherwise be entitled to receive, shall only be issued extent that such shares or other securities would not cause the General Partner to violate the REIT Test.

Constructively. , in this context, means both parties participating and being heard.