Pre-Funded Warrant means, collectively, the Pre-Funded Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Pre-Funded Warrants shall be exercisable immediately and shall expire when exercised in full, in the form of Exhibit B attached hereto.
Pre-Funded Warrants means, collectively, the Pre-Funded Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Pre-Funded Warrants shall be exercisable immediately and shall expire when exercised in full, in the form of Exhibit A-2 attached hereto.
Aggravated circumstances means circumstances in which a parent:
Pre-Funded Warrant Shares means the shares of Common Stock issuable upon exercise of the Pre-Funded Warrants.
Disputed Claims Reserve means a reserve of Cash that may be funded on or after the Effective Date pursuant to Article VII.E hereof.
covered work means either the unmodified Program or a work based on the Program.
Underlying Common Stock means the Common Stock into which the Notes are convertible or issued upon any such conversion.
Underlying Company means the issuer of the relevant Security as specified above, in each case subject to adjustment in accordance with Condition 13 (Adjustments).
Common Surplus means the excess of all receipts of the Association collected on behalf of the Association, including, but not limited to, Assessments, rents, profits and revenues on account of the Common Elements, over the amount of Common Expenses.
Class B Stock means Class B Stock, par value $1.00 per share, of the Company.
Sample ballot means a mock ballot similar in form to the official ballot printed
Extraordinary Common Stock Event means (i) the issue of additional shares of the Common Stock as a dividend or other distribution on outstanding Common Stock, (ii) subdivision of outstanding shares of Common Stock into a greater number of shares of the Common Stock, or (iii) combination of outstanding shares of the Common Stock into a smaller number of shares of the Common Stock.
Class B Shares means the Class B ordinary Shares in the capital of the Company of $0.0001 nominal or par value designated as Class B Shares, and having the rights provided for in these Articles.
Voting Parity Stock means, with regard to any matter as to which the holders of Designated Preferred Stock are entitled to vote as specified in Sections 7(a) and 7(b) of these Standard Provisions that form a part of the Certificate of Designations, any and all series of Parity Stock upon which like voting rights have been conferred and are exercisable with respect to such matter.
Outcome means a job/training or placement outcome after the Start Date; and a Participant has been in employment/training/placement and Off-Benefit each week; and there has been an either continuous or cumulative individual period of employment/training/placement (Outcome payment trigger point) as detailed in the Specification for each Participant Group].
Disputed Claim means any Claim that is not Allowed.
Preference Claim As defined in Section 4.02 hereof.
Hardship declaration means the following statement, or a substan-
Uncontrollable Circumstance means any event which:
Class A Preferred Shares shall have the meaning ascribed to it in Section 2.4(a).
Cut Back Shares has the meaning set forth in Section 2(b).
Rights Dividend Declaration Date shall have the meaning set forth in the recitals at the beginning of this Agreement.
Extraordinary Circumstances means floods, snow, ice storms, tornadoes, earthquakes, or other
Extraordinary Cash Dividend means any cash dividend with respect to the Common Stock the amount of which, together with the aggregate amount of cash dividends on the Common Stock to be aggregated with such cash dividend in accordance with the provisions of this paragraph, equals or exceeds the threshold percentage set forth in item (i) below. For purposes of item (i) below, the "Measurement Period" with respect to a cash dividend on the Common Stock shall mean the 365 consecutive day period ending on the date prior to the Ex-Dividend Time with respect to such cash dividend, and the "Relevant Cash Dividends" with respect to a cash dividend on the Common Stock shall mean the cash dividends on the Common Stock with Ex-Dividend Times occurring in the Measurement Period.
Deemed Dividend Problem means, with respect to any Foreign Subsidiary, such Foreign Subsidiary’s accumulated and undistributed earnings and profits being deemed to be repatriated to the Borrower or the applicable parent Domestic Subsidiary under Section 956 of the Code and the effect of such repatriation causing materially adverse tax consequences to the Borrower or such parent Domestic Subsidiary, in each case as determined by the Borrower in its commercially reasonable judgment acting in good faith and in consultation with its legal and tax advisors.
Non-Cash Dividend means any Dividend which is not a Cash Dividend, and shall include a Spin-Off.