NYSE Share Cap definition

NYSE Share Cap has the meaning set forth in Section 14.02(l).
NYSE Share Cap means, initially, 1.0272 shares of the Common Stock per $1,000 principal amount of Notes, which was based on an amount equal to (i) 19.99% of the number of shares of the Common Stock outstanding as of March 12, 2014, divided by

Examples of NYSE Share Cap in a sentence

  • Notwithstanding the first sentence of this Section 10.02(a)(iii), in the event that such shareholder approval is obtained at any time prior to any date on which the limitation described in the preceding sentence would apply to the conversion of any Notes, the NYSE Share Cap shall not be applicable to the calculation of any Daily Settlement Amount deliverable in connection with the conversion of such Notes.

  • Neither the Trustee nor the Conversion Agent shall have any obligation to determine whether any conversion would require the issuance of Conversion Shares in excess of the Remaining NYSE Share Cap Amount.

  • The NYSE Share Cap shall be subject to adjustment in the same manner as the Conversion Rate as provided in Section 10.04.

  • These calculations include, but are not limited to, determinations of the Closing Prices of the Common Stock, any adjustments to the Conversion Rate, the consideration deliverable in respect of any conversion, the NYSE Share Cap, the Remaining NYSE Share Cap Amount, the Cash Settlement Amount, the Additional Share Coefficient, the Make Whole Amount and accrued interest payable on the Notes.

  • At the Company’s next annual shareholders meeting following the Issue Date, the Company shall submit and recommend to its shareholders a proposal to approve the issuance of shares of Common Stock upon conversion of the Notes in an amount calculated without regard to the NYSE Share Cap.

  • The Company has reserved from its authorized but unissued shares of Common Stock, solely for the purpose of effecting conversions of New Notes in accordance with the New Notes Indenture and exercise of any Warrants, a number of shares of Common Stock that reflects the full amount of Conversion Shares and Warrant Shares issuable upon the conversion of the New Notes or exercise of the Warrants, without regard to the NYSE Share Cap or any other limitation or restriction on the conversion or exercise thereof.

  • The Beneficial Ownership Limitation[, the NYSE Share Cap, the Remaining NYSE Share Cap Amount (and whether the Company Stockholder Approval shall have been obtained)]21 and any other restriction or limitation on exercise of this Warrant shall be disregarded for purposes of the determination of the Black Scholes Value of the remaining unexercised portion of this Warrant.


More Definitions of NYSE Share Cap

NYSE Share Cap means, initially, 1.0272 shares of the Common Stock per $1,000 principal amount of Notes, which was based on an amount equal to (i) 19.99% of the number of shares of the Common Stock outstanding as of March 12, 2014, divided by (ii) the product of (A) the aggregate principal amount of Notes issued on the Original Issuance Date and (B) 25 (which is the number of VWAP Trading Days in an Observation Period); provided, that, the “NYSE Share Cap” shall be subject to adjustment in the same manner and at the same time as the Conversion Rate in connection with any transaction or event described in Section 10.05(a).

Related to NYSE Share Cap

  • Share Cap has the meaning specified in clause (e) of the definition of Alternative Payment Mechanism.

  • Relevant Share Capital means the relevant share capital of the Company (as that expression is defined in Section 67(2) of the 1990 Act);

  • Ordinary Share Capital means any issued and outstanding shares of the Company with voting or other rights of management and control and any outstanding securities of the Company that are convertible into such shares at the option of the holder;

  • Parent Shares means the shares of common stock, par value $1.00 per share, of Parent.

  • equity share capital means the total issued and paid-up equity share capital of the Company, calculated on a Fully Diluted Basis.

  • Subco Shares means the common shares in the capital of Subco;

  • Paid-up share capital means the paid-up share capital as defined in Section 2 of the Companies Act, 2013.

  • Per Share Cash Amount for purposes of this Section 2(b) means an amount equal to the sum of (I) the average of the closing price of the Common Stock for the 20 trading days immediately preceding the date of the Change in Control and (II) any cash dividend payable on a share of Common Stock during the 20 trading-day period described in the foregoing. If settlement of the Performance Share Units may not be made within the period specified in this Section 2(b) due to the limitation in Section 14(t)(iii)(A) of the Plan, such settlement shall be made in accordance with Section 5 of the Agreement.

  • Common Warrant Shares means the shares of Common Stock issuable upon exercise of the Common Warrants.

  • PIPE Shares shall have the meaning given in the Recitals hereto.

  • Pubco Shares means fully paid and non-assessable common shares of Pubco to be issued to the Selling Shareholders by Pubco upon Closing on the basis of 1 Pubco Share for 5.4935 Priveco Shares;

  • Voting Share Capital means the total voting equity share capital of the Target Company on a fully diluted basis expected as of the 10th (Tenth) Working Day from the closure of the Tendering Period for the Offer.

  • Ordinary Shares shall have the meaning given in the Recitals hereto.

  • Exchange Shares has the meaning set forth in Section 2.01(b).

  • Common Shares means the common shares in the capital of the Company;

  • Per Share Consideration means (i) if the consideration paid to holders of the Common Stock consists exclusively of cash, the amount of such cash per share of Common Stock, and (ii) in all other cases, the volume weighted average price of the Common Stock as reported during the ten (10) trading day period ending on the trading day prior to the effective date of the applicable event. If any reclassification or reorganization also results in a change in shares of Common Stock covered by subsection 4.1.1, then such adjustment shall be made pursuant to subsection 4.1.1 or Sections 4.2, 4.3 and this Section 4.4. The provisions of this Section 4.4 shall similarly apply to successive reclassifications, reorganizations, mergers or consolidations, sales or other transfers. In no event will the Warrant Price be reduced to less than the par value per share issuable upon exercise of the Warrant.

  • Exchangeable Share Consideration has the meaning provided in the Exchangeable Share Provisions;

  • Per Share Cash Consideration has the meaning set forth in Section 3.01(a)(ii).

  • Merger Shares has the meaning set forth in Section 2.2(c).

  • Amalco Shares means common shares in the capital of Amalco;

  • Consideration Shares shall have the meaning set forth in Section 2.7(c).

  • Equity Shares means the Common Shares and any shares of any other class or series of the Corporation which may from time to time be authorized for issue if by their terms such shares confer on the holders thereof the right to participate in the distribution of assets upon the voluntary or involuntary liquidation, dissolution or winding up of the Corporation beyond a fixed sum or a fixed sum plus accrued dividends;

  • Conversion Stock means shares of Common Stock issued upon conversion of the Preferred Stock.

  • Relevant Shares means ordinary share capital of the Approved Entity that constitutes equity share capital or the equivalent (or depositary or other receipts representing the same) which is listed and admitted to trading on a Regulated Market.

  • Common Share Price means the volume weighted average per share trading price of the Common Shares on the TSX for the 10 consecutive Trading Day period ending on the Trading Day immediately before the occurrence of a Trigger Event, or if the Common Shares are not then listed on the TSX, the principal stock exchange on which the Common Shares are then listed or quoted (being the stock exchange with the greatest volume of trading in the Common Shares during the previous six months), or if such shares are not listed or quoted on any stock exchange, or if no such trading prices are available, the Floor Price.

  • Buyer Shares means the common stock, with a par value of $0.0001 per share, of Buyer.