Diluting Event definition
Examples of Diluting Event in a sentence
Notwithstanding the foregoing, a merger or other transaction with the corporation named in Section 8.1(e) shall not be considered a Diluting Event for purposes of this Section 2.7.
If M▇▇▇▇▇ has delivered a Subscription Notice in respect of a Diluting Event, S▇▇▇ must allot and issue the Top-Up Shares and record the issue of those shares on S▇▇▇’ share register to the Mitsui Subscribers on the day Mitsui complies with clause 2.3(f).
Subject to the grant to the Company of the ASX Waiver, and subject to clause 4.4, the Company agrees not to cause any Diluting Event unless at the same time as the Diluting Event, it issues to the Subscriber the Top-Up Shares for the Top-Up Price.
If notwithstanding the foregoing, a Diluting Event inadvertently occurs which would result in such an ownership change if the full adjustments provided herein were made, then the number of shares subject to this Warrant shall only be adjusted to the extent possible without causing such an ownership change, and notwithstanding such partial adjustment, the Holder shall retain all applicable rights with respect to breach of the foregoing sentence.
Top-Up Price means the same Share issue price as the issue price under the Diluting Event.
In case the Company shall declare a dividend or make any other distribution upon any stock of the Company payable in either case in Common Stock or Convertible Securities, then a Diluting Event shall have occurred, and such Common Stock or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution, shall be deemed to have been issued or sold without consideration.
Top-Up Shares, when issued, will rank equally in all respects with all other Shares issued under the Diluting Event.
In the event prior to the Default Shares being deemed issued to Lender (and thereby covered by the language above), a Diluting Event occurs which will lessen the Default PercentagelInterest , the Default Shares, without any additional consideration of any nature, shall be increased by such additional number.
The Company shall not engage in any Diluting Event if as a result of such event and the adjustment pursuant to this Section 4.1 (b), an ownership change would occur within the meaning of Section 382 of the Internal Revenue Code of 1986, as amended, or any successor provision.
If any Diluting Event occurs, provision shall be made with respect to TDS' rights and interests resulting from the application of this Section to ensure that this Section applies as well to any shares of stock, securities or other property deliverable to TDS as a result of such Diluting Event.