New Securities

New Securities. Shall mean debt securities of the Company identical in all material respects to the Securities (except that the interest rate step-up provisions and the transfer restrictions shall be modified or eliminated, as appropriate) to be issued under the New Securities Indenture.

New Securities. Means, collectively, equity securities of the Company, whether or not currently authorized, as well as rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable for such equity securities.

New Securities. Shall mean debt securities of the Company and Guarantees by the Guarantors, in each case, identical in all material respects to the Securities (except that the transfer restrictions shall be modified or eliminated, as appropriate), to be issued under the Indenture in connection with sales or exchanges effected pursuant to this Agreement.

New Securities. Shall mean debt securities of the Company and the Guarantors evidencing the same continuing indebtedness as the Securities and identical in all material respects to the Securities (except that the transfer restrictions shall be modified or eliminated, as appropriate) to be issued under the New Securities Indenture.

New Securities. Shall mean any capital stock of the Company whether now authorized or not, and rights, options or warrants to purchase such capital stock, and securities of any type whatsoever that are, or may become, convertible into capital stock; provided that the term "New Securities" does not -------- include (i) securities purchased under the Purchase Agreement; (ii) securities issued upon conversion of the Preferred Stock, or upon conversion of any option, warrant or... other similar security or obligation of the Company outstanding as of the Closing; (iii) securities issued pursuant to the acquisition of another business entity or business segment of any such entity by the Company by merger, purchase of substantially all the assets or other reorganization whereby the Company will own more than fifty percent (50%) of the voting power of such business entity or business segment of any such entity; (iv) any borrowings, direct or indirect, from financial institutions or other persons by the Company, whether or not presently authorized, including any type of loan or payment evidenced by any type of debt instrument, provided such borrowings do not have any equity features including warrants, options or other rights to purchase capital stock and are not convertible into capital stock of the Company; (v) securities issued to employees, consultants, officers or directors of the Company pursuant to any stock option, stock purchase or stock bonus plan, agreement or arrangement approved by the Board of Directors; (vi) securities issued to vendors or customers or to other persons in similar commercial situations with the Company if such issuance is approved by the Board of Directors; (vii) securities issued in connection with obtaining lease financing, whether issued to a lessor, guarantor or other person; (viii) securities issued in a public offering pursuant to a registration under the Securities Act; (ix) securities issued in connection with any stock split, stock dividend or recapitalization of the Company; (x) securities issued in connection with corporate partnering transactions on terms approved by the Board of Directors; and (xi) any right, option or warrant to acquire any security convertible into the securities excluded from the definition of New Securities pursuant to subsection (i) through (x) above. View More

New Securities. Means, collectively, equity securities of the Company, whether or not currently authorized, Derivative Securities and any rights, options, or warrants to purchase such equity securities, or securities of any type whatsoever that are, or may become, convertible or exchangeable into or exercisable for (in each case, directly or indirectly) such equity securities; provided, however, that "New Securities" shall exclude: (a) Exempted Securities (as defined in the Restated Certificate); (b) shares of... Common Stock issued in the IPO; and (c) shares of Series C Preferred Stock issued to Additional Purchasers pursuant to Section 1.2.3 of the Purchase Agreement. View More

New Securities. Shall mean debt securities of the Company, including guarantees thereon, identical in all material respects to the Securities (except that the cash interest, interest rate step-up provisions and transfer restrictions shall be modified or eliminated, as appropriate) to be issued under the Indenture in exchange for Transfer Restricted Securities.

New Securities. Shall mean the 10 1/2% Senior Notes due 2010 to be issued by the Company under the Indenture containing terms identical to, and evidencing the same indebtedness as, the Securities (except that (i) interest thereon shall accrue from the last interest payment date on which interest was paid on the Securities surrendered for exchange or, if no interest has been paid on such Securities, from the date of their original issue, (ii) the transfer restrictions thereon shall be eliminated and (iii)... certain provisions relating to Special Interest shall be eliminated), to be offered to Holders of Securities in exchange for Securities pursuant to the Registered Exchange Offer. View More

New Securities. The securities of the Operating Partnership and the guarantee of the Company identical in all material respects to the Securities (except that the transfer restrictions shall be modified or eliminated, as appropriate) to be issued under the Indenture

New Securities. Equity securities of the Company, whether now authorized or not, or rights, options, or warrants to purchase said equity securities, or securities of any type whatsoever that are, or may become, convertible into or exchangeable into or exercisable for said equity securities; provided, however, that the term "New Securities" does not include any of the following (collectively, the "Excluded Securities"):