Shareholder Proposal definition

Shareholder Proposal has the meaning set forth in Section 4.11.

Shareholder Proposal means the shareholder proposal to be included in the Proxy Statement relating to (a) the approval of the transactions contemplated by this Agreement and (b) the approval of the transactions contemplated by the Rocky Creek Contribution Agreement, in each case, for purposes of complying with applicable Nasdaq listing rules and whether or not presented as a single proposal.

Shareholder Proposal means the shareholder proposal to approve the Conversion of the Series A Preferred Stock into shares of Common Stock as required by the NASDAQ Listing Standards.

Examples of Shareholder Proposal in a sentence

• The presiding officer at any meeting of the Shareholders may determine that any Shareholder Proposal was not made in accordance with the procedures prescribed in these Bylaws or is otherwise not in accordance with law, and if it is so determined, such officer shall so declare at the meeting and the Shareholder Proposal shall be disregarded.

• As the holder of the Deposited Securities, the Depositary or its nominee is entitled, provided the conditions of ROC law are satisfied, to submit only one (1) Proposal each year in respect of all of the Shares held on deposit as of the applicable Shareholder Proposal Record Date.

• A written statement by said shareholder(s) that they intend to continue ownership of such voting shares through the date of the meeting at which said Shareholder Proposal is proposed to be considered.

• If a Shareholder Proposal or Nomination Notice is to be submitted at an Annual Meeting of the Shareholders, it shall be delivered to and received by the Secretary of the Company at the principal executive office of the Company at least 120 days before the first anniversary of the date that the Company’s proxy statement was released to Shareholders in connection with the previous year’s Annual Meeting of Shareholders.

• Any Shareholder Proposal that does not comply with the requirements of this Section 7 shall be disregarded by the chairman of the meeting, and any votes cast in support of the Shareholder Proposal, unless the Shareholder Proposal has been validly submitted by another shareholder, shall be disregarded by the chairman of such meeting.

More Definitions of Shareholder Proposal

Shareholder Proposal. Section 7(a) 5 "Transferee Directors" Section 9(g)

Shareholder Proposal means the Company’s proposal, and in accordance with the Exchange Agreement, to the Company’s shareholders to approve the issuance of shares of Common Stock upon exercise of this Warrant and the other warrants issued pursuant to the Exchange Agreement.

Shareholder Proposal means each of the Share Authorization Proposal and the Reverse Stock Split Proposal and, together, the “Shareholder Proposals”, the term “Share Authorization Proposal” means any proposal approved by the Board and submitted to the stockholders of the Company to adopt an amendment to the Certificate of Incorporation to increase the number of shares of authorized Class A Common Stock and Class B Common Stock, increasing the total number of shares of Common Stock, and the term “Reverse Stock Split Proposal” means any proposal approved by the Board and submitted to the stockholders of the Company to adopt an amendment, or a series of alternate amendments, to the Certificate of Incorporation to combine the outstanding shares of Common Stock into a smaller number of shares of Common Stock at a ratio specified in or determined in accordance with the terms of such amendment or series of alternate amendments, and to reduce the number of outstanding shares of Common Stock and effect a corresponding reduction in the total number of authorized shares of Common Stock.

Shareholder Proposal has the meaning set forth in Section 3.1(a)(iv)(B)(1).

Shareholder Proposal means the proposal to approve the issuance of Shares and Warrant Shares in excess of 1,772,576 shares in the aggregate. The Company agrees that it shall recommend that the Company's shareholders vote in favor of the Shareholder Proposal. Each of Xxxxxxx XxXxxxxx, Green Diamond, Introtech, Icarus, and each of the Purchasers agrees to vote in favor of such proposal at the shareholder meeting, or prior to the circulation of the Information Statement, in a Written Consent executed by such persons approving the Shareholder Proposal. Company agrees that it will not issue any shares prior to the time that shareholder approval of the Shareholder Proposal is obtained unless such purchasing shareholder agrees to vote in favor of the Shareholder Proposal; provided, however, that this limitation shall not apply to shares issued upon exercise of outstanding options or warrants or any shares to be issued or on exercise of options issued under the Company's 1997 Stock Option Plan or 1999 Employee Stock Purchase Plan or up to an additional 250,000 shares regardless of to whom issued. If Company circulates an Information Statement as described above, then Crestview shall be obligated to reimburse Company for one-half of the actual, documented, out of pocket costs of preparing, filing and circulating the Information Statement (including but not limited to SEC filing fees and reasonable legal fees). This issuance of Units shall close as soon as possible (the "Closing Date"), but not later than December 31, 2001. In the event that there is a limit on the number of Shares that may be issued under Article IV or on exercise of a Warrant due to the fact that the Company's shareholders have not yet approved the Shareholder Proposal, such limit shall be applied to each Purchaser on a pro rata basis based on the number of Units purchased by such Purchaser. Company shall issue any of such Shares as soon as practicable following the approval of the Shareholder Proposal.

Shareholder Proposal is defined in Section 4.1(b).

Shareholder Proposal means the Corporation’s proposal to the Corporation’s shareholders to approve the issuance of shares of Common Stock upon exercise of the Warrants in accordance with the Exchange Agreement.