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 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.
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.
Examples of Future Issuance in a sentence
It is our opinion that the Future Issuance Shares, when issued and sold in the manner referred to in the Plans and pursuant to the agreements which accompany the Plans, will be legally and validly issued, fully paid and nonassessable.
As your legal counsel, we have reviewed the actions proposed to be taken by you in connection with the issuance and sale of the Future Issuance Shares to be issued under the Plans.
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.
Equity Compensation Plans Approved by Stockholders:Employees’ 401(k) Savings andNumber of Shares to be Issued Upon Exercise of Outstanding Options Warrants, and Rights Weighted-Average Exercise Price of Outstanding Options, Warrants and RightsRemaining Available for Future Issuance Under Equity CompensationPlans (Excluding Column (a))Investment Plan .
Plan CategoryEquity Compensation Plans Approved by Number of Securities To be Issued Upon Exercise of Outstanding Options (a) Weighted Average Exercise Price of Outstanding Options (b)Number of Securities Remaining Available For Future Issuance Under Equity Compensation Plans (Excluding Securities Reflected in Column (a)) (c)Stockholders ...............................................
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 the Company or any of its Restricted Subsidiaries from any source (other than Trade Payables and accrued expenses arising in the ordinary course of business or borrowings from the Company or any of its Restricted Subsidiaries), including in the debt capital markets or from commercial bank lenders, after the Closing Date and (ii) issuance of any Capital Stock (that is not
Future Issuance has the meaning ascribed thereto in Section 5.1 hereof.
Future Issuance has the meaning given to that term in Section 4.5(a).
Future Issuance means each (i) borrowing of any Indebtedness by any Obligor from any source (other than Trade Payables and accrued expenses arising in the ordinary course of business or borrowings from any other Obligor), including in the debt capital markets or from commercial bank lenders after the Effective Date, and (ii) issuance of any Capital Stock or any warrants, options or other rights that are convertible into or exercisable for 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 (x) 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 (y) cashless exercise of warrants issued by any Obligor; provided, however, that none of the following shall not constitute a Future Issuance: (a) any 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 (1) on or around the Effective Date or otherwise in connection with the Consummation of the Plan including, without limitation, the issuance of shares of Common Stock of Parent pursuant to the Investment Agreement or the Warrants, the issuance of rights, or of Common Stock of the Parent in exercise of such rights, in the Rights Offering, and the borrowing of the MP Loan or (2) from time to time on or after the Effective Date upon exercise of the Warrants for Common Stock of the Parent, and (b) equity investments in the Parent made by (1) MP or its Affiliates or (2) shareholders of the Parent (including MP) pursuant to an offer made on a pro rata basis.
Future Issuance shall have the meaning set forth in Section 2(a).
Future Issuance means each (i) borrowing by the Borrower or Parent or any of their Restricted Subsidiaries from any source (other than Trade Payables and accrued expenses arising in the ordinary course of business or borrowings from the Borrower or Parent or any of their Restricted Subsidiaries), including in the debt capital markets or from commercial bank lenders after the date of this Agreement, and (ii) issuance (other than to the Borrower or Parent or any of their Restricted Subsidiaries) of any Capital Stock or any warrants, options or other rights that are convertible into or exercisable for Capital Stock by the Borrower or Parent or any of their Restricted Subsidiaries after the date of this Agreement, except for issuances of Capital Stock of the Borrower or Parent in connection with (a) the exercise by existing or former officers, directors or employees of the Borrower or Parent or any of their Restricted Subsidiaries of stock options or similar rights issued as compensation, or (b) the exercise of (x) the Warrants and (y) the other warrants and convertible securities issued on or prior to the Closing Date to purchase shares of Common Stock of the Borrower which are set forth on Schedule 1.1 hereof.