The Parties hereto, other than the Escrow Agent, have entered into an acquisition agreement dated April 13, 2012, as amended June <>, 2012 (collectively, the “Acquisition Agreement”), providing, among other things, for the sale by AuRico and the purchase by Endeavour of the Mexgold Shares and the Minority Shares.
Sold Shares shall have the meaning specified in Section 6.
ASA Shares has the meaning set forth in 2.4(a).
Subscription Shares has the meaning ascribed to it in Section 2.1.
Purchased Shares has the meaning set forth in Section 2.01.
Newco Shares means the common shares in the capital of Newco;
Subco Shares means the common shares in the capital of Subco.
Company Shares means the common shares in the capital of the Company;
Coop Shares Shares issued by a Cooperative Corporation.
Seller Shares means all shares of Common Stock of the Company owned as of the date hereof or hereafter acquired by a Common Holder, as adjusted for any stock splits, stock dividends, combinations, subdivisions, recapitalizations and the like.
VMTP Shares means Variable Rate MuniFund Term Preferred Shares, $0.00001 par value per share, liquidation preference $100,000 per share plus an amount equal to accumulated but unpaid dividends thereon (whether or not earned or declared), of the Trust. The preferences, voting powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption of each series of VMTP Shares are set forth in the VMTP Shares Statement.
Buyer Shares means the common stock, with a par value of $0.0001 per share, of Buyer.
Sale Shares shall have the meaning given to it in Recital (B);
Parent Shares means the shares of common stock, par value $1.00 per share, of Parent.
Acquisition Shares means the shares of an Acquiring Fund to be issued to the corresponding Target Fund in a reorganization under this Agreement.
Subscriber Shares means the Shares which the subscribers to the Instrument of the ICAV agree to subscribe for as more particularly hereinafter set forth after their names.
Purchaser Shares means the common shares in the capital of the Purchaser.
Consideration Shares shall have the meaning set forth in Section 2.7(c).
Amalco Shares means the common shares in the capital of Amalco;
PIPE Shares shall have the meaning given in the Recitals hereto.
Acquired Shares has the meaning set forth in the Recitals.
Exchange Shares has the meaning set forth in Section 2.01(b).
Merger Shares has the meaning set forth in Section 2.2(c).
Co-op Shares Shares issued by private non-profit housing corporations.
Pubco Shares means the 25,005,544 fully paid and non-assessable common shares of Pubco, to be issued to the Selling Shareholders by Pubco on the Closing.
Subscribed Shares means, as of any date of determination, the Subscribed Shares (as defined in the recitals to this Subscription Agreement) and any other equity security issued or issuable with respect to the Subscribed Shares by way of stock split, dividend, distribution, recapitalization, merger, exchange, or replacement, and (ii) “Subscriber” shall include any person to which the rights under this Section 5 shall have been duly assigned.
Company Shareholders means the registered or beneficial holders of the Company Shares, as the context requires;