Make-Whole Acquisition definition

Make-Whole Acquisition means the occurrence, prior to any Conversion Date, of one of the following:

Make-Whole Acquisition means the occurrence of a transaction described under clauses (i) or (ii) of the definition of “Fundamental Change”.

Make-Whole Acquisition means the occurrence, prior to the Full Mandatory Conversion Date, of one of the following:

Examples of Make-Whole Acquisition in a sentence

• These aggregate surfaces shall be maintained daily during the entire project to provide a smooth riding surface free of potholes, ruts, etc.

• On or before the 20th calendar day prior to the date the Corporation anticipates the Make-Whole Acquisition being consummated or within two Business Days of becoming aware of a Make-Whole Acquisition of the type set forth in clause (i) of the definition of Make-Whole Acquisition, a written notice shall be sent by or on behalf of the Corporation, by first-class mail, postage prepaid, to the Holder(s) as they appear in the records of the Corporation.

• On the Make-Whole Acquisition Effective Date or as soon as practicable thereafter, another written notice shall be sent by or on behalf of the Corporation, by first-class mail, postage prepaid, to the Holder(s) as they appear in the records of the Corporation.

• Upon a Make-Whole Acquisition conversion, the Conversion Agent shall, except as otherwise provided in the instructions provided by the Holder thereof in the written notice provided to the Corporation or its successor as set forth in Subdivision 3(l)(v), deliver to the Holder such cash, securities or other property as are issuable with respect to the shares of Series A Preferred Stock converted.

• The person or persons entitled to receive the Common Stock and/or cash, securities or other property issuable upon such conversion shall be treated for all purposes as the record holder(s) of such shares of Common Stock and/or securities as of the close of business on the Mandatory Conversion Date, the Make-Whole Acquisition Conversion Date, the Provisional Conversion Date, the Reorganization Conversion Date or any Early Conversion Date, as the case may be.

More Definitions of Make-Whole Acquisition

Make-Whole Acquisition shall have the meaning set forth in the Certificate of Designation.

Make-Whole Acquisition means the occurrence of a transaction described under clauses (i) or (ii) of the definition of “Fundamental Change.”

Make-Whole Acquisition means the consummation of any acquisition (whether by means of a liquidation, share exchange, tender offer, consolidation, recapitalization, reclassification, merger of the Corporation or any sale, lease or other transfer of the consolidated assets of the Corporation and its subsidiaries) or a series of related transactions or events pursuant to which 90% or more of the Corporation’s outstanding shares of Common Stock are exchanged for, converted into or constitutes solely the right to receive cash, securities or other property more than 10% of which consists of cash, securities or other property that are not, or upon issuance will not be, shares of common equity or American depositary receipts in respect of common equity traded on the New York Stock Exchange, the Nasdaq Global Select Market or Nasdaq Global Market.

Make-Whole Acquisition means the occurrence, prior to the Mandatory Conversion Date, of one of the following:

Make-Whole Acquisition means the occurrence of a transaction described under clauses (i) or (ii) of the definition of “Fundamental Change”. “Make-Whole Acquisition Conversion Period” has the meaning set forth in Subdivision 3(l)(i).

Make-Whole Acquisition means, with respect to any shares of Series C Preferred Stock, the occurrence, prior to the Conversion Date for such shares, of one of the following:

Make-Whole Acquisition means the occurrence, prior to any Conversion Date, of the consummation of any consolidation, merger, amalgamation, scheme of arrangement, other binding share exchange or reclassification or similar transaction between the Company and another Person (other than any of the Company’s subsidiaries), or any sale or other disposition in one transaction or a series of transactions of all or substantially all of the assets of the Company and its consolidated subsidiaries to another Person (other than any of the Company’s subsidiaries), in each case pursuant to which all of the issued and outstanding Common Shares will be converted into cash, securities or other property other than pursuant to a transaction in which the Persons that Beneficially Owned, directly or indirectly, voting shares of the Company immediately prior to such transaction or transactions Beneficially Own, directly or indirectly, voting shares representing a majority of the total voting power of all issued and outstanding classes of voting shares of the surviving or resulting Person immediately after the transaction or transactions; provided, however, that a Make-Whole Acquisition will not be deemed to have occurred if at least 90% of the consideration received by holders of the Common Shares in the transaction or transactions consists of common shares (or depositary receipts in respect of common shares) that are traded on a U.S. national securities exchange or securities exchange in the European Economic Area or that will be so traded when issued or exchanged in connection with a Make-Whole Acquisition.