Eligible Securities

Eligible Securities. The investments selected by the Committee which may be chosen by a Participant to measure gains and loss on Deferred Compensation

Eligible Securities. United States currency, certificates of deposit issued by a United States bank and payable in United States legal tender and securities representing investments of the types specified in Sections 1404(a)(1), (2), (3), (8) and (10) of the New York Insurance Law or any combination of the above. Commercial paper and other obligations of institutions must be issued by a corporation (other than the Grantor or Beneficiary, or any Affiliate of either) which is organized and existing under the laws of... the United States of America, unless otherwise allowed by Section 1404 of the New York Insurance Law View More

Eligible Securities. Means Common Shares held by the Elliott Parties on the date of this letter agreement; provided, that any such Common Shares shall cease to be Eligible Securities upon the earliest of (A) the first date when a registration statement with respect to the sale of such security shall have become effective under the Securities Act and such security shall have been disposed of in accordance with such registration statement, (B) the first date when such security shall have been transferred or otherwise... disposed of to any Person other than a Permitted Transferee, (C) the first date when such security is no longer outstanding. Notwithstanding anything to the contrary in this letter agreement and (D) the first date when such security is eligible for sale pursuant to Rule 144 under the Securities Act without volume limitations thereunder. Notwithstanding anything to the contrary in this letter agreement, all securities shall forever cease to be Eligible Securities, and the Company's obligations hereunder shall cease, on the End Date. View More

Eligible Securities. The total number of Equity Securities (as defined in the Stockholders Agreement) held by a Participant as of the date of the Amendment, excluding the number of Equity Securities released to such Participant pursuant to the Alternative Transfer Protocol

Eligible Securities. With respect to any Investor, without duplication, the sum of all shares of Common Stock (i) held by such Investor that were (a) issued to such Investor pursuant to the Purchase Agreement, the Secondary Placement or the Backstop Agreement, (b) issued to such Investor upon the conversion of the Series B Preferred Stock, (c) issued to such Investor upon conversion of the Convertible Note, (d) issued to such Investor upon the exercise and the Warrant, or (e) acquired by such Investor following the... date of this Agreement, and (ii) issuable to such Investor upon the exchange, conversion, exercise or in replacement of any of Dervivative Securities acquired by such Investor following the date of this Agreement View More