New Capital Stock definition

New Capital Stock means the New Common BYBI Equity Interests and the New Preferred BYBI Equity Interests.
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New Capital Stock means any Savvis Stock or securities exchangeable, convertible or exercisable into shares of Savvis Stock whether or not authorized on the date hereof; provided, however, that "New Capital Stock" shall not include the following: (i) shares of Savvis Stock outstanding on the date hereof; (ii) shares of Preferred Stock (whether or not issued pursuant to the Purchase Agreement); (iii) Covered Common Shares; (iv) capital stock issued to officers, directors or employees of, or consultants to, Savvis pursuant to a stock grant, option plan or purchase plan or other stock incentive program, including without limitation sales of shares to such Persons pursuant to restricted stock purchase agreements approved by the Board of Directors of the Savvis; (v) capital stock issued as a dividend or distribution on capital stock or in connection with any stock split, stock dividend or similar transaction; (vi) capital stock issued in a firm-commitment underwritten public offering pursuant to a registration statement filed under the Securities Act; and (vii) securities issued pursuant to business combination transactions or the acquisition of technology or other assets of other businesses approved by the Board of Directors.
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New Capital Stock means any Savvis Stock or securities exchangeable, convertible or exercisable into shares of Savvis Stock whether or not authorized on the date hereof; provided, however, that "New Capital Stock" shall not include the following: (i) shares of Savvis Stock outstanding on the date hereof; (ii) shares of Preferred Stock (whether or not issued pursuant to the Purchase Agreement); (iii) Covered Common Shares; (iv) capital stock issued to officers, directors or employees of, or consultants to, Savvis pursuant to a stock grant,
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Examples of New Capital Stock in a sentence

  • On the Effective Date, each Holder of an Allowed DIP Claim in full and complete settlement, release, and discharge of such Claim, shall receive its Pro Rata Share of 100% of the New Capital Stock, subject to dilution by the Management Incentive Plan adopted by the New Board.

  • Savvis hereby grants to each Eligible Investor a right (the "Preemptive Right") to purchase all or any part of its Pro Rata Share of any amount of New Capital Stock that Savvis may, from time to time, propose to sell and issue.

  • In the event Savvis has not sold all offered New Capital Stock within such 90 day period (or sold and issued New Capital Stock in accordance with the foregoing within 45 days from the date of such agreement) Savvis shall not thereafter issue or sell any New Capital Stock, without first offering a portion of such New Capital Stock to the Eligible Investors in the manner provided above in this Section 7.

  • In the event that Savvis proposes to undertake an issuance of New Capital Stock, it shall give each Eligible Investor written notice (the "Preemptive Right Notice") of its intention, describing the type of New Capital Stock, the price, and the material terms and conditions upon which Savvis proposes to issue the same to any Person.

  • Such Eligible Investor shall have 20 business days after issuance of the Preemptive Right Notice to agree to purchase all or any portion of its Pro Rata Share of such amount of New Capital Stock at the price and upon the terms specified in the notice (which terms shall be no less favorable than those offered to any third party purchaser) by giving written notice to Savvis and stating therein the quantity of New Capital Stock to be purchased.

  • Securities Contemplated by the Plan New Capital Stock Pursuant to that certain investment agreement between DBSD and DISH (the "Investment Agreement"), the shares to be issued to DISH, when issued and delivered, will have been duly and validly authorized and will be duly and validly issued and delivered.

  • Any economic or business entity within a cluster develops nature conditions and things which gradually become production resources and factors.

  • On the Effective Date, each Holder of an Allowed DIP Claim in full and complete settlement, release, and discharge of such Claim, shall receive its Pro Rata Share of 100% of the New Capital Stock, subject to dilution by the Management Incentive Plan on such terms and conditions acceptable to the New Board.

  • Such members of the Board of Directors shall take office immediately following the issuance of the shares of New Capital Stock pursuant to Sections 9.08(a) and 9.09 of the Plan and shall hold office until the annual meeting of stockholders in 2011.

  • The treasurer shall keep accurate accounts of receipts and disbursements, shall report to each meeting of the Representative Council, and shall prepare an annual financial statement for publication to members as directed by the president.


More Definitions of New Capital Stock

New Capital Stock means shares of Common Stock, Preferred Stock or other equity securities of the Company (including Rights) which the Company proposes to offer, issue or sell following the Closing; provided, however, that -------- ------- the following shall be excluded from the definition of "New Capital Stock": (i) shares of Series B Common Stock issuable upon conversion of shares of Series T Preferred, shares of Series A Common Stock issued or issuable upon conversion of shares of Series B Common Stock, Series K Common Stock, Series AM Preferred, Series AT Preferred, Series AX Preferred or Series C Preferred, or shares of Series K Common Stock issued or issuable upon the conversion of shares of Series K Preferred, or any other securities issuable upon conversion or exercise of Rights of the Company outstanding as of the Closing; (ii) securities to be issued pursuant to any public offering by the Company registered with the SEC or any other Federal agency at the time administering the Securities Act or the Securities Exchange Act of 1934, as amended; (iii) securities to be issued in accordance with the Restated Certificate, the Certificate of Amendment, the Certificate of Designation and the Restated Bylaws (each as amended to the date in question) pursuant to any incentive stock or other plan or agreement of the Company for the benefit of its employees, directors or consultants, including any securities issuable pursuant to the exercise of any Rights issued pursuant to such plans or agreements; (iv) securities to be issued by the Company in connection with an acquisition (including, without limitation, by way of merger, consolidation or binding share exchange) by the Company of the capital stock, other equity interests or assets of another Person in a transaction pursuant to which all or part of the consideration payable in connection with such acquisition consists of securities of the Company or Rights to acquire securities of the Company; (v) securities to be issued by the Company in exchange for the receipt of equity interests in another entity in connection with a joint venture or other business combination; (vi) securities to be issued upon any exercise or conversion of Rights the issuance of which was subject to or exempt from the preemptive rights set forth in this Section 8; (vii) securities issued by the Company in connection with any stock split, stock dividend, reverse stock split, recapitalization or the like occurring after the Closing; or (viii) securities...
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New Capital Stock means the shares of common stock of Reorganized Holdings authorized for issuance in accordance with the terms hereof on the Effective Date and contributed as a capital contribution to, and distributed on behalf of, Reorganized Panolam.
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New Capital Stock means (i) the Series B Preferred Stock, par value $0.01 per share, of the Company (the "Series B Preferred Stock") issued by the Company in exchange for the Old Senior Subordinated Notes, whether issued pursuant to the Exchange Offer or issued subsequent thereto, together with any Capital Stock of the Company issued in respect of the Series B Preferred Stock upon conversion of the Series B Preferred Stock, and (ii) the Series B Preferred Stock and any other Capital Stock of the Company issued upon exercise of the New Warrants.
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New Capital Stock means the Class A Common Shares, the Class B Common Shares, the Class C Common Shares, the Class D Common Shares, the Preferred Shares, and, where applicable, the Warrants, all as authorized to be issued pursuant to this Plan and the Amended Organizational Documents.
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New Capital Stock means any shares of capital stock of the Corporation or any of its subsidiaries or securities exchangeable, convertible or exercisable into shares of capital stock of the Corporation or any of its subsidiaries whether or not authorized on the date hereof; provided, however, that “New Capital Stock” shall not include the following: (i) Series B Senior Convertible Preferred Stock issued pursuant to the option set forth in paragraph 4.7.9; (ii) Common Stock issued pursuant to the conversion of Convertible Preference Stock, Senior Convertible Preferred Stock or options to acquire Common Stock, in each case outstanding on the Original Issuance Date, and Common Stock issued upon conversion of the Series B Senior Convertible Preferred Stock; (iii) Common Stock and securities exercisable, exchangeable or convertible into Common Stock, issued to officers, directors or employees of, or consultants to, the Corporation or its subsidiaries pursuant to any incentive compensation plan approved by the Board of Directors of the Corporation; (iv) capital stock issued as a dividend or distribution on capital stock or in connection with any stock split, stock dividend or similar transaction; (v) capital stock issued to the Corporation or any wholly-owned subsidiary of the Corporation; (vi) capital stock issued by entities that are special purpose vehicles of the collateral debt obligations originated by the Corporation and its subsidiaries; and (vii) capital stock issued in a Qualified Public Offering.
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Related to New Capital Stock

  • Company Capital Stock means the Company Common Stock and the Company Preferred Stock.

  • Parent Capital Stock means the Parent Common Stock and Parent Preferred Stock.

  • Voting Capital Stock means with respect to any Person, securities of any class or classes of Capital Stock in such Person ordinarily entitling the holders thereof (whether at all times or at the times that such class of Capital Stock has voting power by reason of the happening of any contingency) to vote in the election of members of the board of directors or comparable governing body of such Person.

  • Capital Stock means (i) in the case of a corporation, capital stock, (ii) in the case of an association or business entity, any and all shares, interests, participations, rights or other equivalents (however designated) of capital stock, (iii) in the case of a partnership, partnership interests (whether general or limited), (iv) in the case of a limited liability company, membership interests and (v) any other interest or participation that confers on a Person the right to receive a share of the profits and losses of, or distributions of assets of, the issuing Person.

  • Excluded Capital Stock means:

  • Capital Shares means the Common Stock and any shares of any other class of common stock whether now or hereafter authorized, having the right to participate in the distribution of earnings and assets of the Company.

  • Refunding Capital Stock has the meaning assigned to such term in Section 6.04(a)(viii).

  • Capital stock tax means a tax measured in any way by the capital of a corporation considered in its entirety.

  • Qualified Capital Stock means any Capital Stock that is not Disqualified Capital Stock.

  • Treasury Capital Stock has the meaning assigned to such term in Section 6.04(a)(viii).

  • Retired Capital Stock shall have the meaning provided in Section 10.5(b)(2).

  • Redeemable Capital Stock means any Capital Stock of the Company or any of its Subsidiaries that, either by its terms, by the terms of any security into which it is convertible or exchangeable or otherwise, (a) is or upon the happening of an event or passage of time would be required to be redeemed on or prior to the final stated maturity of the securities or (b) is redeemable at the option of the holder thereof at any time prior to such final stated maturity or (c) is convertible into or exchangeable for debt securities at any time on or prior to such final stated maturity.

  • Disqualified Capital Stock means that portion of any Capital Stock which, by its terms (or by the terms of any security into which it is convertible or for which it is exchangeable at the option of the holder thereof), or upon the happening of any event (other than an event which would constitute a Change of Control), matures or is mandatorily redeemable, pursuant to a sinking fund obligation or otherwise, or is redeemable at the sole option of the holder thereof (except, in each case, upon the occurrence of a Change of Control), on or prior to the final maturity date of the Notes.

  • Parent Class A Common Stock means the Class A Common Stock, par value $0.01 per share, of Parent.

  • New Equity Interests means the limited liability company

  • Capital Share means a share of any class or series of stock of the General Partner now or hereafter authorized other than a REIT Share.

  • Working Capital Shares shall have the meaning given in the Recitals hereto.

  • Parent Common Stock means the common stock, par value $.001 per share, of Parent.

  • equity share capital means the total issued and paid-up equity share capital of the Company, calculated on a Fully Diluted Basis.

  • Equity Stock means all classes or series of capital stock of the Company authorized under the Charter, including, without limit, its common stock, $.001 par value per share, and preferred stock, $.001 par value per share.

  • voting equity securities means equity securities having voting power for the election of directors, whether at all times or only so long as no senior class of security has such voting power by reason of any contingency.

  • Parent Common Shares means the common shares of the Parent;

  • Parent Ordinary Shares means the Ordinary Shares, nominal value NIS 0.0175 per share, of Parent.

  • Preferred Stock Equivalents shall have the meaning set forth in Section 11(b) hereof.

  • Ordinary Share Capital means any issued and outstanding shares of the Company with voting or other rights of management and control and any outstanding securities of the Company that are convertible into such shares at the option of the holder;

  • New Ordinary Shares means the new Ordinary Shares arising on Conversion of the C Shares;