New Securities

New Securities. Means all shares of Common Stock issued or deemed to be issued by the Company after the SPA Date, other than (i) the following shares of Common Stock and (ii) shares of Common Stock deemed issued pursuant to the following Options and Convertible Securities outstanding as of the Closing Date: (a) shares of Common Stock, Options or Convertible Securities issued by reason of a dividend, stock split, split-up or other distribution on shares of Common Stock that is covered by Section 2(a); (b)... shares of Common Stock or Options issued to employees or directors of, or consultants or advisors to, the Company or any of its Subsidiaries pursuant to a plan, agreement or arrangement approved by the board of directors of the Company; or (c) shares of Common Stock or Convertible Securities actually issued upon the exercise of Options or shares of Common Stock actually issued upon the conversion or exchange of Convertible Securities, in each case, provided such issuance is pursuant to the terms of such Option or Convertible Security; (d) shares of Common Stock, Options or Convertible Securities issued to employees or directors of, or consultants or advisors to, the Company or any of its Subsidiaries in consideration for services rendered, as approved in each case by the independent members of the Company's board of directors; (e) shares of Common Stock or Convertible Securities issued as consideration for a transaction or (f) shares of Common Stock, Options or Convertible Securities issued in connection with the Company's strategic relationships or joint ventures. View More

New Securities. Shall mean equity securities of the Company or Altra, or rights, options, or warrants to purchase equity securities of the Company or Altra, or any debt or other securities that are, or may become, convertible or exchangeable into or exercisable for equity securities of the Company or Altra.

New Securities. Debt securities of the Company identical in all material respects to the 2035 Notes and the 2015 Notes, respectively, (except that the transfer restrictions with respect to each security shall be modified or eliminated, as appropriate, and the provisions regarding Special Interest in paragraph 1(b) of the form of each Note shall be eliminated) to be issued under the relevant New Securities Indenture

New Securities. Debt securities of the Company and the related guarantees of the Guarantors identical in all material respects to the Securities (except that the special interest provisions and transfer restrictions shall be eliminated) to be issued under the Indenture

New Securities. Means any shares of capital stock of the Company, including Common Stock and Preferred Stock, whether authorized or not by the Board or any committee of the Board, and rights, options, or warrants to purchase said shares of capital stock, and securities of any type whatsoever that are, or may become, convertible into capital stock; provided, however, that the term New Securities shall not include: (i) securities issued to employees, consultants, officers and directors of the Company, pursuant... to any arrangement approved by the Board or the Board's Compensation Committee; (ii) securities issued pursuant to the acquisition of another business entity by the Company by merger, purchase of substantially all of the assets or shares, or other reorganization whereby the Company will own equity securities of the surviving or successor corporation; (iii) securities issued in a registered public offering underwritten, provided that the Company shall have complied with Section 5 with respect to the initial sale or grant by the Company of such securities; (iv) securities issued pursuant to any rights or agreements, including, without limitation, convertible securities, options and warrants, provided that either (x) the Company shall have complied with Section 5 with respect to the initial sale or grant by the Company of such rights or agreements or (y) such rights or agreements existed prior to the Closing Date (it being understood that any modification or amendment to any such pre-existing right or agreement subsequent to the Closing Date with the effect of increasing the percentage of the Company's fully-diluted securities underlying such rights agreement shall not be included in this clause (iv)); (v) securities issued in connection with any stock split, stock dividend or recapitalization by the Company; (vi) Preferred Shares issued pursuant to the Purchase Agreement and Common Stock issued upon conversion of such Preferred Shares; and (vii) any right, option, or warrant to acquire any security convertible into the securities excluded from the definition of New Securities pursuant to clauses (i) through (vi) above View More

New Securities. Debt securities of the Company, guaranteed by the Guarantors and identical in all material respects to the applicable Series of Securities (except that the transfer restrictions shall be modified or eliminated, as appropriate) to be issued under the applicable KCS Notes Indenture

New Securities. Any Capital Stock of the Company other than the Warrant Shares.

New Securities. Any capital stock of the Company, whether authorized or not, and any rights, options, or warrants to purchase said capital stock, and securities of any type whatsoever that are, or may become, convertible into or exercisable for said capital stock; provided that "New Securities" does not include (i) the Convertible Securities or the Company's Common Stock, $0.00001 par value per share (the "Common Stock"), issuable upon conversion of the Convertible Securities, including without limitation... Convertible Securities issued pursuant to the Purchase Agreements after August 13, 2014; (ii) securities issued as a dividend or distribution with respect to the Convertible Securities; (iii) securities offered to the public pursuant to a Registration Statement filed under the Securities Act; (iv) securities issued pursuant to the acquisition by the Company of another corporation or entity by consolidation, corporate reorganization, or merger, or purchase of all or substantially all of the assets of such corporation or entity as approved by the Company's Board of Directors; (v) securities issued to the Company's officers, directors, employees, contractors, consultants, advisors and other agents as designated and approved by the Company's Board of Directors; (vi) securities issued without consideration pursuant to a stock dividend, stock split, or similar transaction approved by the Company's Board of Directors; (vii) securities issued in connection with equipment leasing, real estate leasing, bank or similar debt financing or similar transactions approved by the Company's Board of Directors; (viii) securities issued to vendors, customers, suppliers, manufacturers, 2 licensees or licensors or pursuant to similar strategic transactions as approved by the Company's Board of Directors; (ix) securities issued or issuable upon conversion or exercise of convertible or exercisable securities outstanding as of the date hereof; and (x) any other securities issued on terms approved by (A) the holders of a majority of the outstanding Series E-1 Preferred Stock and Series E-2 Preferred Stock, voting together as a single class (on an as-converted basis), (B) the holders of a majority of the outstanding Registrable Securities and (C) each Major Series E Investor View More

New Securities. Any authorized but unissued Common Stock of the Issuer

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. For the avoidance of doubt and in accordance with Section 4.1(d), "New Securities" shall not include shares of Common Stock issued in an IPO.