Disqualified Shares means any of the Company's shares of beneficial interest which by its terms (or by the terms of any security into which it is convertible or for which it is exchangeable or exercisable) (a) matures or is subject to mandatory redemption, pursuant to a sinking fund obligation or otherwise, (b) is convertible into or exchangeable or exercisable for a Liability or Disqualified Shares during the term of this Agreement, (c) is redeemable during the term of this Agreement at the option of the holder of such security or (d) otherwise requires any payments by the Company during the term of this Agreement.
Disqualified Shares means any Share Capital that, by its terms (or by the terms of any security into which it is convertible, or for which it is exchangeable, in each case at the option of the holder of the Share Capital), or upon the happening of any event, matures or is mandatorily redeemable, pursuant to a sinking fund obligation or otherwise, or redeemable at the option of the holder of the Share Capital, in whole or in part, on or prior to the date that is 91 days after the Maturity Date.
Disqualified Shares means shares acquired under this Section 4(a) and any stock option or other equity incentive compensation award made to the Executive by the Employer, other than any Prior Option Shares and LTIP Restricted Shares.
Examples of Disqualified Shares in a sentence
The issuance and sale of any Disqualified Shares if, as a result thereof, the Company's Fixed Charge Coverage Ratio would be less than 1.4 to 1.0.
Except as set forth on Schedule 4.20 hereto, U S WEST owns no shares of Qwest Common Stock which would constitute Disqualified Shares.
In the event any Disqualified Shares are exempt from Mandatory Conversion, all such exempt shares (the "Redeemable Shares") shall, at the option of the holder exercised as hereinafter set forth, and out of funds legally available for that purpose, be redeemed (the "Mandatory Redemption") by the Corporation on the date of consummation of an Equity Investment, at a redemption price per share equal to the Liquidation Preference Per Share, payable on the dates hereafter set forth (each a "Payment Date").
Except as set forth on Schedule 3.20 hereto, Qwest owns no shares of U S WEST Common Stock which would constitute Disqualified Shares.
The Global Continuum Petitioners’ calculations of the Disqualified Shares is attached as Exhibit D.F. The Valuation Opinion.
More Definitions of Disqualified Shares
Disqualified Shares means any Equity Interests that, by their terms (or by the terms of any security into which it is convertible, or for which it is exchangeable, in each case at the option of the holder of the Equity Interests), or upon the happening of any event, matures or is mandatorily redeemable, pursuant to a sinking fund obligation or otherwise, or redeemable at the option of the holder of the Equity Interests, in whole or in part, on or prior to the date that is 91 days after Final Maturity Date. Notwithstanding the preceding sentence, any Equity Interests that would constitute Disqualified Shares solely because the holders of the Share Capital have the right to require the Investor to repurchase such Equity Interests upon the occurrence of a change of control or an asset sale will not constitute Disqualified Shares if the terms of such Equity Interests provide that the Investor may not repurchase or redeem any such Equity Interests pursuant to such provisions unless such repurchase or redemption complies with Section 2.2 (Limitation on Restricted Payments) hereof.
Disqualified Shares means, with respect to any person, any capital shares of such person which by the terms of such capital shares (or by the terms of any security into which they are convertible or for which they are exchangeable or exercisable), upon the happening of any event or otherwise:
Disqualified Shares means shares of Series A-1 Convertible, Preferred Stock which, if converted in a Mandatory Conversion, would result in a violation by the holder of any laws, rules, regulations or policies of supervising regulatory authorities applicable to such holder, or of any provision of such holder's certificate or articles of incorporation, by-laws or similar governing provisions applicable generally to ownership of Equity Securities by such holder.
Disqualified Shares means shares of Common Stock issued upon conversion of Preferred Stock (i) pursuant to ARTICLE FOURTH, Section 2(a) of the Certificate of Incorporation of the Corporation (the “Certificate of Incorporation”) within a sixty (60) day period prior to the closing of a transaction pursuant to which such shares would otherwise have been converted pursuant to ARTICLE FOURTH, Section 2(e)(vii) of the Certificate of Incorporation; or (ii) pursuant to ARTICLE FOURTH, Section 2(e)(vii) of the Certificate of Incorporation.
Disqualified Shares means, with respect to any Person, any Shares of such Person which by the terms of such Shares (or by the terms of any security into which they are convertible or for which they are exchangeable or exercisable), upon the happening of any event or otherwise (i) mature or are mandatorily redeemable, pursuant to a sinking fund obligation or otherwise (other than Shares which are redeemable solely in exchange for Common Shares), (ii) are convertible into or exchangeable or exercisable for Debt or Disqualified Shares, or (iii) are redeemable at the option of the holder thereof, in whole or in part (other than Shares which are redeemable solely in exchange for Common Shares), in each case on or prior to the Stated Maturity of the Securities.
Disqualified Shares means any Equity Interests that, by their terms (or by the terms of any security into which they are convertible, or for which they are exchangeable, in each case at the option of the holder of the Equity Interests), or upon the happening of any event, mature or are mandatorily redeemable, pursuant to a sinking fund obligation or otherwise, or redeemable at the option of the holder thereof, in whole or in part, on or prior to the date that is 91 days after the date on which the Notes mature. Notwithstanding the preceding sentence, any Equity Interests that would constitute Disqualified Shares solely because the holders of the Disqualified Shares have the right to require Inmarsat Holdings Limited to repurchase such Disqualified Shares upon the occurrence of a change of control or an asset sale will not constitute Disqualified Shares if the terms of such Disqualified Shares provide that Inmarsat Holdings Limited may not repurchase or redeem any such Disqualified Shares pursuant to such provisions unless such repurchase or redemption complies with Section 4.07.
Disqualified Shares of a Person means Redeemable Shares of such Person as to which the maturity, mandatory redemption, conversion or exchange or redemption at the option of the holder thereof occurs, or may occur, on or prior to the first anniversary of the Stated Maturity of the Debt Securities.