Eleven Penn Plaza Units has the meaning set forth in Section 7.11.C hereof.
LLC Units has the meaning set forth in the LLC Agreement.
General Partner Units has the meaning assigned to such term in the Partnership Agreement.
Class A Units means the Units of partnership interest in the Partnership designated as the “Class A Units” herein and having the rights pertaining thereto as are set forth in this Agreement.
Common Units means common units representing limited partner interests in the Partnership.
public units means the state or a political subdivision or instrumentality of the state including a county, school corporation, special district, drainage district, unincorporated town or township, municipality, or municipal corporation or any agency, board, or commission of the state or a political subdivision; any court or public body; an electric power agency; federal and state grant moneys of a quasi-public state entity under Iowa Code section 12C.1, subsection (2e), and this chapter. Public units additionally include, but are not limited to:
Initial Common Units means the Common Units sold in the Initial Offering.
LP Units means the non-voting limited partnership units in the capital of BEP, other than the Preferred Units, including any LP Units issued pursuant to the Redemption-Exchange Mechanism.
Series A Units means Series A currency hedged mutual fund units or Series A non-currency hedged mutual fund units of a fund, as applicable.
Merger Sub Common Stock means the common stock, par value $0.01 per share, of Merger Sub.
Stock Acquisition Date means the first date of public announcement (which, for purposes of this definition, shall include, without limitation, a report filed pursuant to Section 13(d) under the Exchange Act) by the Company or an Acquiring Person that an Acquiring Person has become such.
Surviving Corporation Common Stock has the meaning set forth in Section 1.7(a).
Newco Stock means the common stock, par value $.01 per share, of Newco.
General Partner Unit means a fractional part of the General Partner Interest having the rights and obligations specified with respect to the General Partner Interest. A General Partner Unit is not a Unit.
Stock Acquisition means the purchase or other acquisition by Borrower or any of its Subsidiaries of all of the Equity Interests (by merger, stock purchase or otherwise) of any other Person.
Holdings LLC Agreement means the Amended and Restated Limited Liability Company Agreement of Holdings dated as of the Closing Date.
Company Units has the meaning set forth in the Recitals.
Partnership Units or “Units” has the meaning provided in the Partnership Agreement.
Units means the units of the Company, each comprised of one share of Common Stock and one-half of one Warrant.
Subsidiary Shares has the meaning ascribed to it in Section 3.3(a).
Additional Shares of Common Stock means all shares of Common Stock issued (or, pursuant to Subsection 4.4.3 below, deemed to be issued) by the Corporation after the Series B Original Issue Date, other than (1) the following shares of Common Stock and (2) shares of Common Stock deemed issued pursuant to the following Options and Convertible Securities (clauses (1) and (2), collectively, “Exempted Securities”):
Existing Common Stock means shares of common stock of Delphi that are authorized, issued, and outstanding prior to the Effective Date.
Newco Common Stock means the common stock, par value $.01 per share, of Newco.
Buyer Preferred Stock means the preferred stock, par value $0.001 per share, of Buyer.
Holdings Common Stock means the common stock, par value $0.01 per share, of Holdings.
Fully Diluted Company Shares means the total number of issued and outstanding shares of Company Common Stock, (a) after giving effect to the Company Preferred Stock or otherwise treating shares of Company Preferred Stock on an as-converted to Company Common Stock basis, and (b) treating all outstanding in-the-money Specified Company Warrants as fully vested and as if the Specified Company Warrants had been exercised for cash as of the Effective Time, but for the avoidance of doubt excluding any Company Securities described in Section 1.11(b).