Permitted Issuance means the issuance by the Company of (i) shares of Common Stock (A) offered to the public pursuant to a public offering, (B) upon conversion of any of the convertible securities issued by the Company and outstanding as of the Issuance Date, (C) in connection with any dividend or distribution to the holders of Common Stock, (D) upon exercise of any Options outstanding prior to the Issuance Date or thereafter issued pursuant to any stock option or warrants or pursuant to employee stock option or executive incentive ownership plans approved by a majority of the Board of Directors of the Company, or (E) issued in connection with any stock splits, reclassifications, recapitalizations or similar events, or (ii) any Options issued pursuant to any of the plans referred to in clause (i)(D) above.
Permitted Issuance means any issuance by the Company of (a) Common Stock on or prior to the date hereof; (b) Common Stock upon exercise of the Warrants; (c) Common Stock upon the conversion or exchange of any shares of any class of Common Stock into another class of Common Stock; (d) Common Stock in connection with any dividend or distribution to the holders of the Common Stock; or (e) Common Stock pursuant to an underwritten offering of Common Stock registered under the Securities Act of 1933, as amended.
Permitted Issuance means (i) the issuance from time to time by the Company of shares of Common Stock upon exercise of the Warrants, the Stock Purchase Warrant, dated even date as the Date of Issuance, between the Company and REI for the purchase of up to 4,000,000 shares of Common Stock (subject to adjustment), the Stock Purchase Warrant, dated even date as the Date of Issuance, between the Company and REI for the purchase of up to 10,119,614 shares of Common Stock (subject to adjustment) or any New Warrants (as each such Warrant may be amended, supplemented or otherwise modified from time to time in accordance with the terms thereof) (and any replacements thereof), (ii) the issuance from time to time by the Company of Identified Securities or of shares of Common Stock upon the exercise of the Identified Securities, (iii) the issuance from time to time by the Company of New Warrant and (iv) the issuance by the Company of shares of Common Stock in accordance with Section 4.20 of the Investment Agreement.
Examples of Permitted Issuance in a sentence
Each Notice of Purchase and Sale required hereunder (i) shall be irrevocable, (ii) shall specify the amount of the proposed issuance (which shall be in increments of not less than $100,000) under the Notes, (iii) shall specify the proposed issuance date for such proposed issuance, which shall be a Permitted Issuance Date and (iv) shall specify wire transfer instructions in accordance with which such issuance under the Notes shall be funded, to the extend purchased by the Lenders.
If the Corporation issues any shares of Common Stock, options, convertible securities, other equity securities or securities containing options or rights to acquire any equity securities or any securities convertible or exchangeable for equity securities, in each case after the date hereof (other than a Permitted Issuance) to any Person (the "OFFEREE"), such issuance (the "OFFER") will be subject to the right of first offer and participation rights set forth in Section 11(a) and Section 11(b) below.
Notwithstanding anything to the contrary herein, for purposes of clarification, it is hereby agreed that during each calendar month there shall be only, and the Borrower shall not be entitled to specify more than, two (2) Permitted Issuance Dates.
There are, however, important deviations from Nietzsche, as well as crucial variations in emphasis.
An application will be made to the Stock Exchange for the listing of, and permission to deal in, the Consideration Shares, the SMBC Subscription Shares and any Shares issued pursuant to the Permitted Issuance.
More Definitions of Permitted Issuance
Permitted Issuance means any issuance by the Company of shares of ------------------ Class A Common or Options (a) upon exercise of this Warrant and (b) to members of management and directors of the Company and its Subsidiaries pursuant to Section 7 of the Stockholders Agreement.
Permitted Issuance means any issuance by the Company of shares of Common Stock (a) upon exercise of the Warrants or pursuant to the exercise or conversion of any Options or Convertible Securities issued prior to the date hereof in accordance with the terms thereof as in existence on the date of execution of the Credit Agreement; (b) in connection with any dividend or distribution to the holders of the Common Stock not prohibited by any provision of the Credit Agreement; or (c) without duplication of any Options referenced in clause (a) above, of up to 3,000,000 shares (subject to appropriate adjustment for stock splits, reverse stock splits, stock dividends, recapitalizations, reorganizations and similar events recapitalizations and similar events) of Common Stock or rights or options to purchase any such shares issued to employees, directors, or consultants of the Company or any direct or indirect subsidiary or pursuant to one or more stock bonus or similar plans adopted by the Board of Directors of the Company.
Permitted Issuance means the issuance by the Company of shares of Common Stock: (a) offered to the public pursuant to a Qualified Public Offering, (b) in connection with any dividend or distribution to the holders of Common Stock, (c) upon exercise of any options or warrants outstanding prior to the Issuance Date, (d) to directors, officers, employees or consultants of the Company, (e) to any directors, officers, employees or consultants of the Company upon the exercise of any options or warrants or other rights issued after the Issuance Date, (f) in connection with any stock splits, reclassifications, recapitalizations or similar events, (g) in a private placement to non-Affiliates of the Company for purposes of raising capital or upon the exercise of any warrants issued in connection therewith, or (h) in any merger, consolidation, acquisition or business combination.
Permitted Issuance. (a) the issuance by Holdings of shares of Capital Stock as dividends on issued and outstanding Capital Stock of the same class of Holdings or pursuant to any dividend reinvestment plan, (b) the issuance by Holdings of options or other equity securities of Holdings to outside directors, members of management or employees of Holdings or any Subsidiary of Holdings, (c) the issuance of securities as interest or dividends on pay-in-kind debt or preferred equity securities in accordance with their terms permitted hereunder and under the other Loan Documents, (d) the issuance to Holdings or any Subsidiary (or any director, with respect to directors' qualifying shares) by any of its Subsidiaries of any of their respective Capital Stock, in each case with respect to this clause (d) to the extent such Capital Stock issued to Holdings or any Subsidiary is pledged to the Administrative Agent pursuant to the applicable Loan Document (provided that (i) only 65% of the voting Capital Stock of any foreign Subsidiary of the Borrower is required to be so pledged and (ii) no voting Capital Stock of any foreign Subsidiary of any other foreign Subsidiary is required to be so pledged), (e) the issuance by Holdings of shares of its common stock in connection with a Permitted Acquisition, (f) cash payments made in lieu of issuing fractional shares of Holdings Capital Stock in an aggregate amount not to exceed $100,000, and (g) the issuance by Holdings of shares of Capital Stock of Holdings to infuse additional capital into Holdings in an aggregate amount not to exceed $25,000,000, plus any amounts relating to the infusion of capital into Holdings made (i) within 45 days after the Closing Date and (ii) solely for the purpose of making an Investment in the Joint Venture as contemplated by subsection 7.8(o).
Permitted Issuance means any issuance by the Company of shares of Common Stock (a) upon exercise of the Warrants or pursuant to the exercise or conversion of any Options or
Permitted Issuance means any issuance by the Company of (a) Common Stock on or prior to the date hereof; (b) Common Stock upon exercise of the Warrants; (c) Common Stock or rights or options to purchase any such shares issued to employees or consultants of the Company or any direct or indirect subsidiary or pursuant to one or more stock bonus or similar plans adopted by the Board of Directors of the Company in an aggregate amount not to exceed 15% of the outstanding Common Stock on a Diluted Basis; (d) Common Stock pursuant to an underwritten offering of Common Stock registered under the Securities Act of 1933, as amended; or (e) Common Stock or rights or options to purchase any such shares issued under Company's plan of reorganization filed with the United States Bankruptcy Court for the District of Maryland (Baltimore Division) or under any agreement entered into in accordance with such plan.
Permitted Issuance means any issuance of Reserved Employee Stock.