Senior Registrable Securities

Senior Registrable Securities. (i) The shares of Common Stock issuable or issued upon conversion of the Series A Preferred Stock of the Company, (ii) the shares of Common Stock issued and outstanding following the exercise of any warrant to purchase shares of Common Stock issued by the Company to any Series A Stockholder or its affiliates, (iii) any other shares of Common Stock held by a Series A Stockholder, (iv) 1,409,053 shares of Common Stock issued to West Central Biodiesel Investors, LLC and 696,210 shares of the... Common Stock issued to Blue Marble Investors, LLC, (v) the shares of Common Stock issued pursuant to any of the Acquisition Agreements, and (vi) any Common Stock of the Company issued as (or issuable upon the conversion or exercise of any warrant, right or other security that is issued as) a dividend or other distribution with respect to, or in exchange for, or in replacement of, the shares referenced in (i), (ii), (iii), (iv) and (v) above, excluding in all cases, however, any Senior Registrable Securities sold by a person in a transaction in which his rights under this Agreement are not assigned. View More

Senior Registrable Securities. Shall mean the Senior Securities; provided, however, that a Senior Security shall cease to be a Senior Registrable Security when (i) in the circumstances contemplated by Section 2(a) hereof, the Senior Security has been exchanged for a Senior Exchange Security in an Exchange Offer as contemplated in Section 2(a) hereof; (ii) in the circumstances contemplated by Section 2(b) hereof, a Shelf Registration Statement registering such Senior Security under the Securities Act has been declared or... becomes effective and such Senior Security has been sold or otherwise transferred by the holder thereof pursuant to and in a manner contemplated by such effective Shelf Registration Statement; (iii) such Senior Security is sold pursuant to Rule 144 under circumstances in which any legend borne by such Senior Security relating to restrictions on transferability thereof, under the Securities Act or otherwise, is 3 removed by the Company or pursuant to the Indenture; (iv) such Senior Security is eligible to be sold pursuant to paragraph (k) of Rule 144; or (v) such Senior Security shall cease to be outstanding. View More

Senior Registrable Securities. Shall mean the shares of Common Stock issued upon conversion of the Series C Preferred Stock or thereafter pursuant to the Senior Purchase Agreement, and any securities issued or issuable with respect to any such Common Stock by way of stock dividend or stock split or in connection with a combination of shares, recapitalization, merger, consolidation or other reorganization or otherwise. Senior Registrable Securities shall cease to be Senior Registrable Securities when (a) a registration... statement with respect to the 15 sale of such securities shall have become effective under the Securities Act and such securities shall have been disposed of in accordance with such registration statement, (b) they shall have been distributed to the public pursuant to Rule 144, or (c) they shall have ceased to be outstanding. For purposes of this Agreement, a Person shall be deemed to be a holder of Senior Registrable Securities, and the Senior Registrable Securities shall be deemed to be in existence, whenever such Person has the right to acquire directly or indirectly such Senior Registrable Securities (upon conversion or exercise in connection with a transfer of securities or otherwise, but disregarding any restrictions or limitations upon the exercise of such right), whether or not such acquisition has actually been effected, and such Person shall be entitled to exercise the rights of a holder of Senior Registrable Securities hereunder. View More