New Securities

New Securities. Shall mean debt securities of the Issuer 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, and there will be no provision relating to Registration Default Damages) to be issued under the New Securities Indenture.

New Securities. Has the meaning set forth in the Equityholders' Agreement.

New Securities. Shall mean any Common Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase Common Stock of the Company, and securities of any type whatsoever which are, or may become, convertible into Common Stock of the Company; provided, however, that the term "New Securities" does not include: (i) securities offered to the public pursuant to a registration statement filed by the Company (and, in the case of rights, options or warrants, the securities issued or... issuable upon exercise thereof and, if applicable, the Common Stock issued or issuable upon conversion of such securities); (ii) securities issued for the acquisition of another business by the Company by merger, purchase of substantially all the assets of such business or another reorganization resulting in the ownership by the Company of not less than a majority of the voting power of such business (and, in the case of rights, options or warrants, the securities issued or issuable upon exercise thereof and, if applicable, the Common Stock issued or issuable upon the conversion of such securities); (iii) securities issued to directors or employees of or consultants to the Company pursuant to an equity incentive plan, stock option plan, employee stock purchase plan, restricted stock plan or other employee stock plan or agreement or otherwise, in all cases approved by the Board (and, in the case of rights, options or warrants, the securities issued or issuable upon exercise thereof and, if applicable, the Common Stock issued or issuable upon the conversion of such securities); (iv) securities issued in connection with an equipment lease, commercial loan, or research, development or licensing agreement or other similar business transaction, in all cases approved by the Board (and, in the case of rights, options or warrants, the securities issued or issuable upon exercise thereof and, if applicable, the Common Stock issued or issuable upon the conversion of such securities); and (v) securities issued as a result of any stock split, stock 9 dividend, capital reorganization, recapitalization, or reclassification of the Company's Common Stock, distributable on a pro rata basis to all holders of the Company's Common Stock. View More

New Securities. Any Common Stock or Common Stock Equivalents that the Company sells for cash consideration at any time during the period from the Closing Date through One Hundred and Eighty (180) days from the Closing Date

New Securities. Means any Common Stock or preferred stock, whether or not authorized on the date hereof, and rights, options or warrants to purchase Common Stock or preferred stock and securities of any type whatsoever that are, or may become, convertible into Common Stock or preferred stock; provided, however, that New Securities does not include the following: (i) shares of Capital Stock of the Corporation issued or issuable upon conversion or exercise of any currently outstanding securities; (ii) shares or... options or warrants for Common Stock granted to officers, directors and employees of, and consultants to, the Corporation pursuant to stock option or purchase plans or other compensatory agreements approved by the Board of Directors; (iii) shares of Common Stock or preferred stock issued in connection with any pro rata stock split, stock dividend or recapitalization by the Corporation; (iv) shares of Capital Stock issued to a strategic investor in connection with a strategic commercial agreement as determined by the Board of Directors; (v) shares of Capital Stock issued to an investor in connection with a joint venture arrangement where the Corporation is a participant; (vi) shares of Capital Stock issued pursuant to the acquisition of another corporation or entity by the Corporation by consolidation, merger, purchase of all or substantially all of the assets, or other reorganization in which the Corporation acquires, in a single transaction or series of related transactions, all or substantially all of the assets of such other corporation or entity or fifty percent (50%) or more of the voting power of such other corporation or entity or fifty percent (50%) or more of the equity ownership of such other corporation or entity; (vii) shares of Capital Stock issued in an underwritten public securities offering pursuant to a registration statement filed under the Securities Act of 1933, as amended; (viii) shares of Capital Stock issued to current or prospective customers or suppliers of the Corporation approved by the Board of Directors as compensation or accommodation in lieu of other payment, compensation or accommodation to such customer or supplier; (ix) shares of Capital Stock issued to any person that provides services to the Corporation as compensation therefor pursuant to an agreement approved by the Board of Directors; (x) shares of Common Stock issued pursuant to paragraph 9; and (xi) securities issuable upon conversion or exercise of the securities set forth in paragraphs (i) - (x) above. View More

New Securities. Means equity securities of the Company, 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, New Securities shall not include: (a) any equity securities, rights, options, warrants or securities exchangeable into or exercisable for equity securities to the extent outstanding on the Effective Date; (b) securities issued... upon the exercise or conversion of any debenture, warrant, option, or other security exchangeable into or exercisable for any equity securities; (c) securities issuable upon a stock split, stock dividend, or any subdivision of the Common Stock; (d) shares of Common Stock, options, stock appreciation rights and similar rights issued or issuable to employees or directors of, or consultants to, the Company and its subsidiaries pursuant to any plan approved by the Company's Board of Directors; (e) securities issued or issuable in transactions in which the Company is purchasing, directly or through a merger, triangular merger, share exchange or other transaction, substantially all of the assets or business of another company, (f) any securities issued or issuable to banks, investment banks, placement agents, finders or other consultants or advisors for their own account and for services rendered; and (g) securities issued or issuable pursuant to agreements entered into as part of a licensing, supply or development transaction in which the consideration for the securities, or the vesting of the securities, is entering into the transaction or the meeting of a milestone, a certain level of orders or another performance-related event and is not cash, a promissory note or other obligation to pay cash or a cash equivalent and to the extent the aggregate number of securities issued or issuable pursuant to all such agreements does not exceed one percent (1%) of the issued and outstanding common shares of the Company as at the date of this Agreement. View More

New Securities. Debt securities of the Company, guaranteed by the Guarantors and containing terms identical in all material respects to the Securities (except that the provisions relating to Additional Interest and transfer restrictions shall be modified or eliminated, as appropriate), to be issued under the Indenture

New Securities. Shall mean the New First-Priority Securities and the New Second-Priority Securities.

New Securities. Means the Initial New Units, the Additional New Units, the Exchange Securities and any other Units, interests or securities acquired pursuant to a Qualifying Reorganization, Optional Exchange, or through the exercise of pre-emptive rights.

New Securities. Collectively, equity securities of the Company that were not issued or outstanding as of the date of this Agreement, whether or not currently authorized, as well as rights, options, or warrants to purchase such equity securities that were not issued or outstanding as of the date of this Agreement, or securities of any type whatsoever that were not issued or outstanding as of the date of this Agreement that are, or may become, convertible or exchangeable into or exercisable for such equity... securities. View More