Yucaipa Warrant definition

Yucaipa Warrant means the warrant to purchase up to 3,874,492 shares of Common Stock issued by the Company to Yucaipa on March 22, 1995, as amended.
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Yucaipa Warrant has the meaning assigned to that term in the recitals to this Agreement.
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Yucaipa Warrant means that certain Class A Common Stock Purchase Warrant No. W-1 issued by the Company to Yucaipa on March 22, 1995. "1995 Plan" shall mean the Company's Restated 1995 Stock Option Plan. "1996 Plan" shall mean the Company's 1996 Equity Participation Plan. "1996 Stockholders Agreement" shall have the meaning set forth in Section 4.2. 6 8 ARTICLE II.
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Examples of Yucaipa Warrant in a sentence

  • Each Yucaipa Affiliate represents to the Investors that, as of the Acquisition Date, except for 2,934,909 shares of Common Stock owned collectively by the Yucaipa Affiliates, the Yucaipa Warrant, limited partnership interests in Crescent Shared Opportunity Fund II, L.P., and options to purchase 109,784 shares of Common Stock owned collectively by Darrxx X.

  • The transfer restrictions with respect to the Yucaipa Warrant set forth herein shall terminate and be of no further force and effect upon the earlier to occur of the following: (i) the Warrant Termination Date and (ii) the expiration of the Option Exercise Period without Parent having duly delivered the Option Exercise Notice in accordance with Section 19(b).

  • Notwithstanding the foregoing, each Stockholder shall have the right to Transfer Subject Shares and, with respect to Yucaipa, the Yucaipa Warrant to any Affiliate upon the due execution and delivery to Parent by such transferee of a legal, valid and binding counterpart to this Agreement so long as any such Transfer is not intended to circumvent the provisions of this Agreement.

  • At the earlier of the Offer Consummation Date and the Effective Time, Parent or Merger Sub shall purchase from Yucaipa the Yucaipa Warrant for an amount equal to the product of (i) the difference between the Price Per Share and the per share exercise price thereof ($20.73 as of the date hereof) multiplied by (ii) the number of shares of Common Stock underlying the Yucaipa Warrant (3,874,492 as of the date hereof).

  • Upon the purchase of the Yucaipa Warrant and payment of the purchase price therefor in accordance with the provisions of this Section 6, Yucaipa shall cease to have any rights with respect to the Yucaipa Warrant.

  • Each of the Stockholders shall, and shall cause its respective officers, directors, employees, and representatives and agents to immediately cease any existing discussions or negotiations, if any, with any parties conducted heretofore with respect to any Alternative Transaction or the sale of any Subject Shares, or with respect to Yucaipa, the Yucaipa Warrant.

  • The execution and delivery of the amendments dated as of the date hereof to the 1996 Stockholders Agreement and the Yucaipa Warrant do not require the consent or approval of any Person other than the parties to such amendments.

  • As of October 8, 1998, (i) 1,205,438 shares of Voting Common Stock and no shares of Non-Voting Stock were reserved for issuance and issuable upon or otherwise deliverable in connection with the exercise of outstanding Company Stock Rights and (ii) 3,874,492 shares of Voting Common Stock were reserved for issuance and issuable upon or otherwise deliverable in connection with the exercise of the Yucaipa Warrant.

  • The Yucaipa Warrant, as amended as of the date of this Agreement, a true and complete copy of which has been provided to Parent, permits the transfer of the Yucaipa Warrant to Parent as described in the Stockholders Agreement.

  • Upon the consummation of the Transactions, (1) the shareholders of Smitty's prior to the Acquisition, including Yucaipa, shall collectively own and control, directly or indirectly, not less than 3,038,888 shares of Company's Class B Common Stock, and (2) Company shall have issued, and The Yucaipa Companies shall have received, the Yucaipa Warrant.


More Definitions of Yucaipa Warrant

Yucaipa Warrant means Yucaipa's warrant issued to it on March 22, 1995 by Holdings as in effect on the Effective Date and as the same may be amended from time to time thereafter pursuant to the terms hereof and thereof.
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Related to Yucaipa Warrant

  • Series A Warrants means, collectively, the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately from the Closing Date and have a term of exercise equal to five (5) years, in the form of Exhibit A attached hereto.

  • Series D Warrants means, collectively, the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately upon issuance and have a term of exercise equal to five (5) years, in the form of Exhibit C attached hereto.

  • Parent Warrant means each Parent Private Warrant and Parent Public Warrant.

  • Series B Warrants means, collectively, the Series B Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof and the other Series B Warrants contemplated under Section 2.1 to be issued concurrently at the Closing, which Series B Warrants shall be exercisable beginning immediately and have a term of exercise equal to five (5) years, in the form of Exhibit B-2 attached hereto.

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

  • Series C Warrants means, collectively, the Series C Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately and have a term of exercise equal to 9 months, in the form of Exhibit A attached hereto.

  • U.S. Warrantholder means any Warrantholder that is a U.S. Person, acquired Warrants in the United States or for the account or benefit of any U.S. Person or Person in the United States;

  • Series C Preferred Shares means the Company’s series C preferred shares, par value US$0.00001 per share.

  • Series D Preferred Shares means the Company’s series D preferred shares, par value US$0.00001 per share.

  • Common Warrants means, collectively, the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Common Warrants shall be exercisable immediately and have a term of exercise equal to five (5) years, in the form of Exhibit A attached hereto.

  • holder of a Warrant Certificate as used herein shall mean any person in whose name at the time any Warrant Certificate shall be registered upon the books to be maintained by the Warrant Agent for that purpose.

  • SPAC Warrants means the SPAC Public Warrants and the SPAC Private Placement Warrants.

  • Series F Preferred Shares means the Series F Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • Company Warrant means a warrant to purchase shares of Company Capital Stock.

  • Class B Warrants means the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately and have a term of exercise equal to 5 years, in the form of Exhibit C attached hereto.

  • Series E Preferred Shares means the Series E Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • Series C Shares means the shares of Fixed Rate Cumulative Perpetual Preferred Stock, Series C, of the Company.

  • Investor Warrants has the meaning given it in the recitals of this Agreement.

  • Series A Preferred Shares means the Series A Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • Series C Preferred Stock means shares of the Company’s Series C Preferred Stock, par value $0.0001 per share.

  • Class A Warrants means, collectively, the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately and have a term of exercise equal to five (5) years, in the form of Exhibit A attached hereto.

  • Series D Preferred Stock means shares of the Company’s Series D Preferred Stock, par value $0.001 per share.

  • Parent Warrants shall have the meaning assigned to it in Section 1.7(c) hereof.

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

  • Series B Preferred Shares means the Series B Preferred Shares of the Company, par value US$0.0001 per share, with the rights and privileges as set forth in the Memorandum and Articles.

  • Series B-2 Preferred Stock means shares of the Company’s Series B-2 Preferred Stock, par value $0.001 per share.