Purchaser Percentage Interest means, with respect to a Purchaser, the percentage of Voting Power, determined on the basis of the number of Voting Stock on a Fully Diluted Basis, that is Beneficially Owned by such Purchaser.
Purchaser Percentage Interest means, with respect to any Preemptive Rights Issuance, the percentage of the total number of votes that may be cast in the election of directors generally of the Company immediately prior to such Preemptive Rights Issuance that is represented by (a) the Notes (calculated as if all of the Notes were issued and outstanding immediately prior to such Preemptive Rights Issuance), (b) all of the shares of Common Stock previously issued or then issuable under the Apollo Warrants (calculated as if all such Common Stock were issued and outstanding immediately prior to such Preemptive Rights Issuance), (c) any shares of Common Stock issued to the Notes Purchasers pursuant to Sections 9.8 and 9.12 and (d) any securities with respect to which the Notes Purchasers have elected to purchase pursuant to Section 9.13 in connection with any Preemptive Rights Issuances that occurred prior to such Preemptive Rights Issuance (calculated as if all such elected securities (and all securities that were issued in such prior Preemptive Rights Issuances) were issued and outstanding immediately prior to such Preemptive Rights Issuance).
Purchaser Percentage Interest means, as of any date, the percentage equal to (A) the aggregate number of shares of Company Common Stock beneficially owned (with the term “beneficial ownership” having the meaning ascribed in Section 13(d)(3) and Rule 13d-3 under the Exchange Act) or otherwise held by such Purchaser as of such date, calculated on an as-converted basis, divided by (B) the total number of outstanding shares of Company Common Stock as of such date, calculated on an as-converted basis, provided that for purposes of calculating shares held by Purchasers in the foregoing subsections (A) and (B), in the event of any Qualified Offering occurring prior to the Closing, Purchaser Percentage Interest will be calculated on a pro forma basis as if the Shares had been issued hereunder; and (ii) “Covered Securities” means Company Common Stock and any securities convertible into or exercisable or exchangeable for Company Common Stock, other than securities that are (A) issued by the Company pursuant to any employment contract, employee or benefit plan, stock purchase plan, stock ownership plan, stock option or equity compensation plan or other similar plan where stock is being issued or offered to a trust, other entity to or for the benefit of any employees, potential employees, consultants, officers or director of the Company, (B) issued by the Company in connection with a business combination or other merger, acquisition or disposition transaction, (C) issued with reference to the Common Stock of a Subsidiary (i.e., a carve-out transaction), (D) issued as a dividend or in connection with a dividend reinvestment or stockholder purchase plan, (E) issued in exchange for currently outstanding securities, or (F) issued to the United States Treasury as part of the TARP Capital Purchase Program or any similar governmental program.
Examples of Purchaser Percentage Interest in a sentence
The Purchasers at the Closing shall be treated collectively for the purposes of determining the applicable Purchaser Percentage Interest which they shall be entitled to maintain hereunder.
The WP Purchasers shall be treated collectively for the purposes of determining the applicable Purchaser Percentage Interest which they shall be entitled to maintain hereunder and the Deerfield Purchasers shall be treated collectively for the purposes of determining the applicable Purchaser Percentage Interest which they shall be entitled to maintain hereunder.
More Definitions of Purchaser Percentage Interest
Purchaser Percentage Interest means, with respect to a Purchaser, the percentage of Total Voting Power, determined on the basis of the number of Voting Securities on a Fully Diluted Basis, that is Beneficially Owned by such Purchaser’s Purchaser Group. PWC: shall have the meaning set forth in Section 3.27.
Purchaser Percentage Interest means, for any day, the percentage interest of the Purchasers in a Lessor Note on such day under the APA. The Purchaser Percentage Interest shall be computed by the APA Agent in accordance with the APA and advised to the Holder Representative from time to time in accordance with Sections 2(c) and 4(c) of the APA.
Purchaser Percentage Interest means, with respect to a Purchaser, the percentage of Total Voting Power, determined on the basis of the number of Voting Securities on a Fully Diluted Basis, that is Beneficially Owned by the such Purchaser or Purchaser Group, as the case may be. Reference SEC Reports: Company SEC Reports filed with or furnished to the SEC on or after January 1, 2014 and prior to the date hereof and publicly available (without giving effect to any amendment to any such Company SEC Reports filed on or after the date hereof and excluding any disclosures that constitute general cautionary, predictive or forward-looking statements set forth in any section of a Company SEC Report entitled “Risk Factors” or “Forward-Looking Statements” or any other sections of such filings).
Purchaser Percentage Interest means (a) during the Purchased Receivable Period, [***]% and (b) after the Purchased Receivable Period, [***]%.
Purchaser Percentage Interest means, as of any date, the percentage equal to (A) the aggregate number of shares of Company Common Stock beneficially owned (with the term “beneficial ownership” having the meaning ascribed in Section 13(d)(3) and Rule 13d-3 under the Exchange Act) or otherwise held by Purchaser as of such date divided by (B) the total number of outstanding shares of Company Common Stock as of such date and
Purchaser Percentage Interest shall have the meaning set forth in Section 7.03(a).
Purchaser Percentage Interest means, as of any date, the percentage equal to (A) the aggregate number of shares of Common Stock beneficially owned by the Purchaser as of such date divided by (B) the total number of outstanding shares of Common Stock as of such date and (ii) “Covered Securities” means Common Stock and preferred stock of the Company and any rights, options or warrants to purchase or securities convertible into or exercisable or exchangeable for Common Stock, other than securities that are (A) issued by the Company pursuant to any employment contract, employee or director incentive or benefit plan, stock purchase plan, stock ownership plan, stock option or equity compensation plan or other similar plan where stock is being issued or offered to a trust, other entity to or for the benefit of any employees, potential employees, consultants, officers or director of the Company, (B) issued by the Company in connection with a business combination or other merger, acquisition or disposition transaction, partnership, joint venture, strategic alliance or investment by the Company or similar non-capital raising transaction, (C) issued with reference to the Common Stock of a Subsidiary (i.e., a carve-out transaction), (D) issued as a dividend or in connection with a dividend reinvestment or stockholder purchase plan or (E) issued in exchange for currently outstanding securities.