Second Closing Shares definition

Second Closing Shares has the meaning set forth in Section 2.1(b).

Second Closing Shares shall have the meaning ascribed to such term in Section 2.2.

Second Closing Shares means a number of Canadian OpCo preferred shares having a value equal to the Finco Shares.

Examples of Second Closing Shares in a sentence

• On a date designated by the Company and not sooner than ten (10) business days subsequent to the Second Closing Notice, at a mutually agreed place and time, the parties hereto shall consummate the purchase and sale of the Second Closing Shares referred to in the Second Closing Notice.

• At any time prior to the earlier of (i) the delivery of the Second Closing Notice by the Company (as defined below) and (ii) December 31, 2008, each Investor shall have the option at any time to purchase, in one or more closings, that number of shares of Series A-1 Preferred Stock which, in the aggregate, may be up to such Investor’s Second Closing Shares upon ten (10) days’ written notice to the Company at a purchase price per share equal to the Series A-1 Purchase Price.

• At any Second Closing, the Company shall deliver to each Investor a certificate evidencing the Second Closing Shares is purchasing against payment of the purchase price therefor by check, wire transfer or any combination thereof.

• In the event either Second Closing Milestone has been satisfied and the Company desires to proceed with the Second Closing, the Company shall promptly notify each of the Investors in writing of the satisfaction of a Second Closing Milestone and the number of Second Closing Shares that each Investor shall purchase in the Second Closing (the “Second Closing Notice”).

• The Parties agree that immediately after the completion of the Second Closing, Shares representing up to five percent (5%) of the outstanding Shares of the Company will be set aside for future grants to the Company’s employees on terms to be determined by the Board (including subject to the Napster Shareholder Approval Rights).

More Definitions of Second Closing Shares

Second Closing Shares means 5,650,000 shares of Common Stock, subject to appropriate adjustment in the event of any stock dividend, stock split, combination or other similar recapitalization with respect to the Common Stock prior to the Second Closing.

Second Closing Shares means the Common Stock issuable upon exchange of the Exchangeable Notes pursuant to the terms of this Agreement and the terms of the Exchangeable Notes.

Second Closing Shares means the Second Closing Eco Telecom Shares, the Second Closing VIP Shares, if any, and the Second Closing Telenor Shares, if any.

Second Closing Shares means a number of Shares equal to 9.9% of the outstanding common stock of the Company on the Second Closing Date (or on the most recent practicable date prior to the Second Closing Date as of which such share count is ascertainable by the parties).

Second Closing Shares shall have the meaning set forth in Section 2(a) of the Subscription Agreement;

Second Closing Shares means, in aggregate, the shares of Common Stock purchased by the Purchaser on the Second Closing Date in accordance with the terms and conditions herein.

Second Closing Shares means the Second Closing Subscription Amount divided by the Per Share Purchase Price.