Examples of New Company Common Stock in a sentence
Beginning in 2004, Executive shall be permitted to "put" the shares of New Company Common Stock and Retained Options that comprise the Rollover Equity to the Company each year if (i) 100% of each Performance Objective for the immediately preceding fiscal year has been satisfied and (ii) the agreements governing the indebtedness of the Company permit the repurchase of such Rollover Equity.
The Company may withhold from any amounts payable under this Agreement (including from shares of New Company Common Stock deliverable under Section 3.4(b)) such Federal, state, local or foreign taxes as shall be required to be withheld pursuant to any applicable law or regulation, or may permit Executive to elect to pay the Company any such required withholding taxes.
At the Effective Time each one (1) share of Old Company Common Stock issued and outstanding immediately prior to the Effective Time then held by each Old Company shareholder of record shall, by virtue of the Merger and without any action on the part of the holder thereof, be converted into one (1) share of New Company Common Stock.
Parent may require that a Retained Option Participant, as a condition of having the Stock Options held by such Retained Option Participant be treated as Retained Options, agree in writing to be subject to certain restrictions on the transferability of any shares of New Company Common Stock that are acquired after the Effective Time upon the exercise of such Retained Options.
Except (w) as set forth in the preceding sentence, (x) the options to purchase shares of New Company Common Stock granted under the Amended and Restated Seminis, Inc.
All agreements of any kind governing the Old Company Common Stock are adopted by New Company at the Effective Time and shall apply to and burden and benefit the New Company Common Stock.
The Investment Manager agrees (on behalf of each Company Stockholder) that any shares of Common Stock for which such Company Stockholder acquires Beneficial Ownership after the execution of this Agreement and prior to the Expiration Time (the “New Company Common Stock”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Company Common Stock, and the Investment Manager shall promptly notify Parent of the existence of any such New Company Common Stock.
If Executive remains an employee of the Company on the Effective Date the Company shall award to Executive 1,091,577 unrestricted shares of New Company Common Stock, less the number of shares of New Company Common Stock required to be withheld to satisfy all applicable Federal, state, local and foreign withholding taxes with respect to such shares.
Except (v) as set forth in the preceding sentence, (w) the options to purchase shares of New Company Common Stock granted under the Amended and Restated Seminis, Inc.
The authorized capital stock of Holdings will, immediately prior to the Effective Time, consist of (i) 50,000,000 shares of New Company Common Stock, (ii) 25,000,000 shares of New Series A Preferred Stock and (iii) 15,000,000 shares of Series B non-voting Preferred Stock, par value $.01 per share ("New Series B Preferred").