Unissued Shares definition

Unissued Shares means shares of Voting Stock not outstanding that are subject to options, warrants, rights to purchase or conversion privileges exercisable within 60 days of the date of determination of a Change in Control. Notwithstanding anything to the contrary set forth in this Section 3.8, a Change in Control will not be deemed to have occurred if either:

Unissued Shares means shares of voting stock not outstanding that are subject to options, warrants, rights to purchase or conversion privileges exercisable within 60 days of the date of determination of a change in control; and

Unissued Shares means shares of capital stock of the Company not outstanding that are subject to options, warrants, rights to purchase or conversion privileges exercisable within 60 days following the date of determination of a Change in Control and that, upon issuance, shall entitle the holders thereof to vote generally in the election of directors.

Examples of Unissued Shares in a sentence

• The Unissued Shares, when duly issued in accordance with the respective agreements to which such Unissued Shares are subject, will be duly and validly authorized and fully paid and non-assessable.

• Unissued Shares Subject to the provisions of the Act and to these articles, any unissued shares of the company (whether forming part of the original or any increased capital) shall be at the disposal of the directors who may offer, allot, grant options over or otherwise dispose of them to such persons at such times and for such consideration and upon such terms and conditions as they may determine.

• The Unissued Shares being registered for resale by the Selling Shareholders under the Registration Statement have been duly authorized and, when issued, delivered and paid for in accordance with the Warrants, will be validly issued, fully paid and nonassessable.

• The issuance of the Unissued Shares has been duly authorized by all necessary corporate action on the part of the Fund and when such Unissued Shares are issued and delivered by the Fund as contemplated by the Registration Statement against payment of the consideration therein described, such Unissued Shares will be validly issued, fully paid and non-assessable.

• The Unissued Shares have been duly reserved and authorized for issuance by all necessary corporate action on the part of the Company, and if, and when such Unissued Shares are issued and delivered by the Company to the Selling Stockholders in exchange of Units of the Partnership, upon and subject to the terms and conditions set forth in the Partnership Agreement and the Directors’ Resolutions, such Unissued Shares will be duly authorized, validly issued, fully paid and non-assessable.

More Definitions of Unissued Shares

Unissued Shares means shares of Voting Stock not outstanding that are subject to options, warrants, rights to purchase or conversion privileges exercisable within 60 days of the date of determination of a Change of Control. Notwithstanding anything to the contrary set forth in this Section 3.7, a Change of Control will not be deemed to have occurred if either:

Unissued Shares means shares which the corporation is authorized to issue but which have not yet been distributed to shareholders or subscribers.

Unissued Shares means shares of Voting Stock not outstanding that are subject to options, warrants, rights to purchase or conversion privileges exercisable within 60 days of the date of determination of a Change in Control. Notwithstanding anything to the contrary set forth in this Section 3.01, Holders shall not have the right to require the Company to purchase any Securities under clause (i) or clause (ii) of the definition of “Change in Control” above, and the Company shall not be required to deliver a written notice of a Fundamental Change as a result of any acquisition, consolidation, merger or binding share exchange or a sale, assignment, conveyance, transfer, lease or other disposition, if at least 90% of the consideration paid for the Common Stock in that transaction, excluding Cash payments for fractional shares and Cash payments made pursuant to dissenters’ appraisal rights, consists of shares of common stock traded on a U.S. national securities exchange, or that will be so traded immediately following the merger, binding share exchange or consolidation, and, as a result of the merger, binding share exchange or consolidation, the Securities become convertible into such shares of such common stock.

Unissued Shares means shares of Voting Stock not outstanding that are subject to options, warrants, rights to purchase or conversion privileges exercisable within 60 days of the date of determination of a Change in Control. Notwithstanding anything to the contrary in this Section 601, a Change in Control shall not be deemed to have occurred if either (i) the closing price (as defined in Section 502(e)) of the Common Stock for any five Trading Days during the ten Trading Days immediately preceding the Change in Control is at least equal to 105% of the Conversion Price in effect on such day; or (ii) in the case of a merger or consolidation, all of the consideration excluding cash payments for fractional shares in such merger or consolidation constituting the Change in Control consists of common stock traded on a United States national securities exchange or quoted on NASDAQ (or which will be so traded or quoted when issued or exchanged in connection with such Change in Control) and as a result of such transaction or transactions the Notes become convertible solely into such common stock.

Unissued Shares has the meaning specified in Section 3.12(a).

Unissued Shares means (i) any available shares under the Prior Plans as of the date of termination of the Prior Plans, (ii) shares subject to options under the Prior Plans that expired or terminated for any reason without having been fully exercised and (iii) shares of Restricted Stock that are forfeited under the Prior Plans.

Unissued Shares means unissued shares by reference to the authorised share capital as set out in Bye-law 4.1 or as such authorised share capital may be amended from time to time in accordance with the Act;