Special Definition. For purposes of this Section 4(d), “Additional Shares of Common” shall mean all shares of Common Stock issued (or, pursuant to Section 4(d)(iii), deemed to be issued) by the Corporation after the filing of these Articles of Incorporation, other than:
Special Definition. As used herein, the term “Basic Severance” shall mean the aggregate of the following amounts and benefits:
Special Definition. For purposes of this Article IV, the term “Company” shall be deemed to include any subsidiary of the Company.
Special Definition. As used in this Article V, the following terms shall have the ascribed meanings:
Special Definition. For purposes of this Article, a “participant” is any Participant or Beneficiary, including an alternate payee under a qualified domestic relations order, as defined in Code Section 414(p), who is a party-in-interest (as determined under ERISA Section 3(14)) with respect to the Plan.
Special Definition. For purposes of this Section 3.07(f), “Additional Common Shares” shall mean all Common Shares issued (or, pursuant to Section 3.07(f)(iii), deemed to be issued) by the Company after the Agreement Date, other than the following securities (such securities, “Excepted Issuances”):
Special Definition. For purposes of this paragraph 4(d), "ADDITIONAL SHARES OF COMMON" shall mean all shares of Common Stock issued (or, pursuant to paragraph 4(d)(iii), deemed to be issued) by the Company after the Original Issue Date of a particular series of Preferred Stock, other than:
Special Definition. For purposes of this Section 4.03(d), “Additional Common Units” shall mean all Common Units issued (or, pursuant to Section 4.03(d)(iii), deemed to be issued) by the Company after the date of this Agreement, other than issuances or deemed issuances of:
Special Definition. The term “Net-Tax Basis” as used in this ARTICLE IX means that, in determining the amount of the payment necessary to indemnify any Indemnitee against, or reimburse any Indemnitee for, Liabilities, the amount of such Liabilities will be determined net of any theoretical reduction in Tax realizable (assuming a hypothetical effective tax rate of forty percent (40%)) by the Indemnitee as the result of sustaining or paying such Liabilities after taking into account any Tax incurred on the receipt of Insurance Proceeds, and the amount of such Indemnity Payment will be increased (i.e., “grossed up”) by the amount necessary to satisfy any income or franchise Tax Liabilities that will be incurred by the Indemnitee as a result of its receipt of, or right to receive, such Indemnity Payment (as so increased), so that the Indemnitee is put in the same net after-Tax economic position as if it had not incurred such Liabilities, in each case without taking into account any impact on the Tax basis that an Indemnitee has in its assets.
Special Definition. Purchased Stock" shall mean, collectively, the Common Stock of the Company issued or issuable upon exercise of the Warrants dated as of March ___, 1999 issued by the Company to Cruttenden Roth Xxxorporated and Black & Company, Inc., respectively (together with any warrant or warrants issued in substitution or exchange therefor, the "Warrant"), to purchase a total of 250,000 shares of Common Stock of the Company, and all shares of Common Stock of the Company issued in a stock split or reclassification of, or a stock dividend or other distribution on or in substitution or exchange for any of the foregoing securities. Notwithstanding the foregoing, any Purchased Stock shall cease to be Purchased Stock when (x) a registration statement covering such Purchased Stock has been declared effective and such Purchased Stock has been disposed of pursuant to such effective registration statement, (y) such Purchased Stock is sold or otherwise transferred by a person in a transaction in which the rights under the provisions of Section 1 and 2 are not transferred as specified therein or (z) such Purchased Stock may be sold within any 90-day period (commencing on or after the first anniversary of the Effective Date) pursuant to Rule 144 (or any similar provision then in force) under the Securities Act. For purposes hereof, the record holder of the Warrant shall be treated as the record holder of the related Common Stock then issuable upon the exercise thereof. Nothing in this Section 6 shall, however, be deemed to require the Company to register the Warrant, it being understood that the registration rights granted hereby relate only to shares of Purchase Stock.
