Equity Issuance

Equity Issuance. Shall mean any issuance or sale by the Borrower of any Equity Interests thereof, except in each case for (i) any such issuance or sale to its subsidiaries and (ii) any such issuance or sale to management, employees or directors of the Borrower, BioFuel Energy Corp. or any of the Borrower's subsidiaries pursuant to an employee or director stock option or stock purchase plan or an employee or director benefit plan.

Equity Issuance. Shall mean any issuance or sale by Holdings or the Borrower of any Equity Interests in Holdings or the Borrower, as applicable, except in each case for (a) any issuance of directors' qualifying shares and (b) issuances or sales of common stock in Holdings to management or employees in Holdings, the Borrower or any Subsidiary under any employee stock option or stock purchase plan or employee 2 benefit plan in existence from time to time.

Equity Issuance. Shall mean any issuance by the Borrower or any of its Restricted Subsidiaries to any Person which is not a Credit Party of (a) shares of its Capital Stock, (b) any shares of its Capital Stock pursuant to the exercise of options (excluding for purposes hereof the issuance of Capital Stock pursuant to the exercise of stock options held by directors, officers or other employees or former employees of the Credit Parties or personal... representatives or heirs or beneficiaries of any of them) or warrants or (C) any shares of its Capital Stock pursuant to the conversion of any debt securities to equity. View More

Equity Issuance. Means the issuance by the Corporation or any of its Subsidiaries of any equity securities to any Person (other than: (a) any securities issued in connection with a stock split, reverse stock split, stock dividend or reclassification or similar organic change involving the Corporation's Capital Stock; (b) any securities issuable upon conversion, exercise or exchange of securities outstanding or issued as of the date hereof; (c) warrants, options or other rights to purchase securities or... securities convertible into or exchangeable for securities issued to employees, officers, directors, distributors, consultants or other persons performing services for or on behalf of the Corporation (or securities issued upon exercise or conversion thereof) in each case to the extent issued solely in its status as such and not as part of an offering of the Corporation's securities, pursuant to any stock option plan, stock purchase plan, management incentive plan, consulting agreement or other contract or arrangement approved by the board of directors of the Corporation; (d) any securities issuable as -1- 2 an inducement to lenders of the Corporation to advance sums or otherwise to make financial accommodations, or as compensation to lenders for advancing sums or otherwise making financial accommodations, to the Corporation or one or more of its Subsidiaries, to the extent such issuance is approved by the board of directors of the Corporation; (e) any securities issuable as compensation to vendors or lessors of the Corporation in connection with, or as an inducement to vendors or lessors of the Corporation to enter into, agreements with the Corporation and not as part of an offering of the Corporation's securities, to the extent such issuance is approved by the board of directors of the Corporation; (f) any securities issued solely in consideration for the acquisition (by merger, consolidation, purchase or otherwise) by the Corporation of the assets or capital stock or other equity interests of, or in connection with a joint venture with, any other entity or business segment of any other entity, to the extent such issuance is approved by the board of directors of the Corporation; provided, that such issuance (after giving effect thereto), when aggregated with all other issuances contemplated by this clause (f), does not constitute a number of shares of Common Stock (on a fully diluted, as-converted basis and as equitably adjusted in the event of a stock split, reverse stock split, stock dividend, combination or other similar recapitalization) greater than 1,577,020). View More

Equity Issuance. Means the issuance or sale of any capital stock or other equity, ownership or profit interests (except a dividend on any such stock or interest declared and payable solely in additional shares of such stock or interest) by (i) Guarantor to any Person, or (ii) any Subsidiary of Guarantor to any Person, other than to Guarantor or to any other wholly owned Subsidiary of Guarantor.

Equity Issuance. Means any issuance of equity securities or any other Equity Interests (including any preferred equity securities) by the Borrower or any of its Subsidiaries other than equity securities issued (i) to the Borrower or one of its Subsidiaries and (ii) pursuant to employee or director and officer stock option plans in the ordinary course of business.

Equity Issuance. Means, with respect to any Person, any issuance or sale by such Person after the date of this Note of any of its securities.

Equity Issuance. The issuance or sale by the Company or any of its Subsidiaries any stock or other equity interests of the Company or any of its Subsidiaries to any Person other than the Company

Equity Issuance. ‘Equity Issuance' means each issuance of equity of any nature (public or private, common, preferred or otherwise) by the Maker or its parent (other than CCU, if applicable), or any subsidiaries of either of them, other than any one or more issuances of Class A common stock of CCO (i) to, or for the benefit of, any officers, directors or employees of, or consultants to, CCO or CCU (or, without duplication, any subsidiaries of either of them) pursuant to a qualified plan (under Section 401(a) of... the Internal Revenue Code of 1986, as amended from time to time (together with all rules and regulations promulgated with respect thereto, the "Code")), an employee stock purchase. View More

Equity Issuance. Has the meaning ascribed to such term in the Credit Agreement.