Examples of Fully Diluted Equity in a sentence
Malone, collectively or individually, shall not acquire or hold, directly or indirectly, an Ownership Interest that is more than the lesser of 9.2 % of the Fully Diluted Equity of Time Warner or 12.4 % of the actual issued and outstanding common stock of Time Warner, as determined by generally accepted accounting principles.
The Separate Company shall not acquire or hold greater than 14.99 % of the Fully Diluted Equity of Time Warner.
Malone, collectively or individually, shall not acquire or hold, directly or indirectly, any voting power of, or other Ownership Interest in, Time Warner that is more than the lesser of 1 % of the Fully Diluted Equity of Time Warner or 1.35 % of the actual issued and outstanding common stock of Time Warner, as determined by generally accepted accounting principles (provided, however, that such interest shall not vote except as provided in Paragraph II(D)(2)), without the prior approval of the Commission.
Fully Diluted Equity is calculated as: ▪ All outstanding shares of Common Stock + ▪ Common Stock issuable upon conversion of all Preferred Stock + ▪ Common Stock issuable upon exercise of in-the-money Convertible Securities.
As used herein, the "Fully Diluted Equity" of the Company shall mean the Company's equity immediately following the Acquisition (as defined in the Securities Purchase Agreement) as calculated by the Federal Reserve Bank of San Francisco or the staff of the Board of Governors of the Federal Reserve System.