Future Issuance definition
Future Issuance means, without duplication, each (i) borrowing after the Effective Date by an Obligor from any source (including in the debt capital markets or from commercial bank lenders) (other than any other Obligor) of any Indebtedness of the type described in clauses (i), (ii), (x) or (xii) of the definition of "Indebtedness" and (ii) issuance after the Effective Date of any Capital Stock or any warrants, options or other rights to acquire Capital Stock by any Obligor (other than to another Obligor) or the exercise after the Effective Date of any warrants, options or other rights to acquire Capital Stock of any Obligor (other than exercise by another Obligor) other than, in each case, the issuance of restricted stock or the exercise or issuance of options or similar rights, in each case as compensation by or to existing or former officers, directors or employees of an Obligor or cashless exercise of warrants issued by any Obligor; provided, however, that notwithstanding the provisions of clauses (i) and (ii) above, no borrowing, issuance of Capital Stock or exercise or issuance of any warrants, options or other rights to acquire Capital Stock (including any Capital Stock issued pursuant to the terms of such Capital Stock, warrants, options or other rights to acquire Capital Stock) in each case, effected on or around the Effective Date or otherwise in connection with the Consummation of the Plan shall constitute a "Future Issuance" hereunder (including, without limitation, the issuance of shares of Common Stock of Group pursuant to the Stock Offering and the Equity Investment Agreements, the borrowing pursuant to the Convertible Note Offering or the issuance of options and warrants pursuant to the ALPA Letter Agreement).
Future Issuance means, without duplication, each (i) borrowing after the Closing Date by an Obligor from any source (including in the debt capital markets or from commercial bank lenders) (other than any other Obligor) of any Indebtedness of the type described in clauses (i), (ii) or (x) of the definition of "Indebtedness" other than (A) Indebtedness incurred pursuant to an Exit Liquidity Facility between the Borrower and General Electric Capital Corporation ("GECC") as contemplated by that certain Exit Liquidity Facility Term Sheet dated December 26, 2002, (B) the reinstatement as part of the Consummation of the Plan of the Indebtedness incurred pursuant to that certain Credit Agreement, dated as of November 21, 2001, among the Borrower, Group and GECC, as amended, and (C) Indebtedness incurred as contemplated by that certain GE Engine Services Term Sheet, dated December 26, 2002 and (ii) issuance after the Closing Date of any Capital Stock or any warrants, options or other rights to acquire Capital Stock by any Obligor (other than to another Obligor) or the exercise after the Closing Date of any warrants, options or other rights to acquire Capital Stock of any Obligor (other than exercise by another Obligor) other than, in each case, the exercise or issuance of options or similar rights as compensation by or to existing or former officers, directors or employees of an Obligor or cashless exercise or warrants issued by any Obligor; provided, however, that notwithstanding the provisions of clauses (i) and (ii) above, no borrowing, issuance of Capital Stock or exercise or issuance of any warrants, options or other rights to acquire Capital Stock (including any Capital Stock issued pursuant to the terms of such Capital Stock, warrants, options or other rights to acquire Capital Stock) in each case, effected on or around the Closing Date as part of the Consummation of the Plan shall constitute a "Future Issuance" hereunder.
Future Issuance means an issuance of Shares which is designated and allocated by resolution at a duly held meeting of the Board of Directors of the Company for issuance to the holders of Series A, Series B, Series C and Series D Preferred Stock less any of such stock issuable to one or more new investors approved by the Board.
Examples of Future Issuance in a sentence
Any prepayment of the Loan under this subsection shall be made on the Business Day following the receipt by such Obligor of the proceeds of the applicable Future Issuance.
Any prepayment of the Loan under this subsection (c) shall be made on the Business Day following the receipt by such Obligor of the proceeds of the applicable Future Issuance.
If the Company intends to issue New Securities or take any action of similar nature (the “Future Issuance”), the Company shall give a written notice (the “Offer Notice”) to each Investor, stating all material terms and conditions of such Future Issuance, including but not limited to the number or percentage of such New Securities to be issued, the potential purchaser(s), the price, payment schedule and rights of shareholders, upon which it proposes to issue such New Securities.
For the avoidance of doubt, to the extent such waivers in connection with a Specified Future Issuance are not granted, then all Sponsors and their Permitted Transferees would retain the right to receive their aggregate percentage ownership so that the Series B Shares equal 20% of the sum of the total number of all Shares issued and outstanding upon completion of the offering plus all Shares issued in the Specified Future Issuance.
In each case, any securities proposed to be issued in a Future Issuance that are not purchased by the Buyers or other Person or Persons in accordance with Section 4 may not be sold or otherwise disposed of until they are again offered to the Buyers to the same extent, and under the procedures specified in, Section 4(m).
More Definitions of Future Issuance
Future Issuance has the meaning given to that term in Section 4.1 of this Agreement.
Future Issuance means each (i) borrowing by Holdings or the Borrower or any of its respective Subsidiaries from any source, including in the debt capital markets or from commercial bank lenders after the date of this Agreement and (ii) issuance of any Capital Stock by Holdings, the Borrower or any of its Subsidiaries after the date of this Agreement.
Future Issuance has the meaning given to that term in Section 4.5(a).
Future Issuance means each (i) borrowing by the Borrower or any of its Subsidiaries from any source (other than Trade Payables and accrued expenses arising in the ordinary course of business or borrowings from any of its Subsidiaries), including in the debt capital markets or from commercial bank lenders after the date of this Agreement, and (ii) issuance of any Capital Stock or any warrants, options or other rights that are convertible into or exercisable for Capital Stock by the Borrower or any of its Subsidiaries after the date of this Agreement, except for issuances of Capital Stock of the Borrower in connection with the exercise by existing or former officers, directors or employees of the Borrower or any of its Subsidiaries of stock options or similar rights issued as compensation.
Future Issuance has the meaning ascribed thereto in Section 5.1 hereof.
Future Issuance means each (i) borrowing by the Parent or the Borrower or any of their Subsidiaries from any source (other than Trade Payables and accrued expenses arising in the ordinary course of business or borrowings from the Parent or any of its Subsidiaries), including in the debt capital markets or from commercial bank lenders after the date of this Agreement, and (ii) issuance of any Capital Stock or any warrants, options or other rights that are convertible into or exercisable for Capital Stock by the Parent, the Borrower or any of their respective Subsidiaries after the date of this Agreement, except for issuances of Capital Stock of the Parent in connection with the exercise of stock options or similar rights issued as compensation by existing or former officers, directors or employees of the Parent, the Borrower or any of their Subsidiaries.
Future Issuance shall have the meaning set forth in Section 2(a).