Underlying Shares definition

Underlying Shares means the shares of Common Stock issued and issuable upon conversion of the Preferred Stock and upon exercise of the Warrants.

Underlying Shares means the shares of Common Stock issuable upon conversion of this Debenture or as payment of interest in accordance with the terms hereof.

Underlying Shares means the shares of Common Stock issued and issuable upon conversion or redemption of the Debentures and issued and issuable in lieu of the cash payment of interest on the Debentures in accordance with the terms of the Debentures.

Examples of Underlying Shares in a sentence

• On the Closing Date, the Company’s shares of Common Stock, including the Firm Shares, the Option Shares and the Underlying Shares, shall have been approved for listing on the Exchange, subject only to official notice of issuance.

• On the first Option Closing Date (if any), the Company’s shares of Common Stock, including the Option Shares and Underlying Shares, shall have been approved for listing on the Exchange, subject only to official notice of issuance.

• The Firm Securities and the Option Securities are collectively referred to as the “Securities.” The Securities and the Underlying Shares (as defined below), are collectively referred to as the “Public Securities.” The Public Securities shall be issued directly by the Company and shall have the rights and privileges described in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

• Investor acknowledges and agrees that the Fixed Price Promissory Note and, if issued, the Underlying Shares are subject to restrictions on transfer as set forth in the Fixed Price Promissory Note.

• Investor acknowledges and agrees that the Fixed Price Promissory Note, and, if issued, the Underlying Shares, issued to Investor, are “restricted securities” as defined in Rule 144 promulgated under the Securities Act as in effect from time to time and must be held indefinitely unless they are subsequently registered under the Securities Act or an exemption from such registration is available.

More Definitions of Underlying Shares

Underlying Shares means the shares of Common Stock issuable upon conversion of this Note or as payment of interest in accordance with the terms hereof.

Underlying Shares means the shares of Common Stock issued and issuable upon conversion of the Preferred Stock.

Underlying Shares means the shares of common stock into which the Note is convertible (including interest, fees, liquidated damages and/or principal payments in common stock as set forth herein) in accordance with the terms hereof. The following terms and conditions shall apply to this Note:

Underlying Shares means the Conversion Shares and the Warrant Shares.

Underlying Shares means the shares of Common Stock issued and issuable upon conversion of the Preferred Stock, upon exercise of the Warrants and issued and issuable in lieu of the cash payment of dividends on the Preferred Stock in accordance with the terms of this Certificate of Designation.

Underlying Shares means shares or other securities, issued by a U.S. issuer, of Underlying Portfolios and other registered “investment companies” (as defined in Section 3(a)(1) of the 1940 Act), whether or not in the same “group of investment companies” (as defined in Section 12(d)(1)(G)(ii) of the 1940 Act).

Underlying Shares means, collectively, the Conversion Shares and the Warrant Shares.