Triggering Event

Triggering Event. A Triggering Event shall be deemed to have occurred if, after the date of this Warrant, but on or prior to the date of a Listing Event, the Company shall (i) issue or sell any shares of Common Stock for a consideration per share (the "Sale Price") less than $3.75 (as adjusted for any subsequent stock splits, combinations, reorganizations or similar transactions), or (ii) issue or sell Convertible Securities with a per share conversion, exercise or exchange price ("Conversion Price") less than... $3.75 (as adjusted for any subsequent stock splits, combinations, reorganizations or similar transactions). For purposes of determining the occurrence of a Triggering Event, none of the following issuances shall be considered the issuance or sale of Common Stock or Convertible Security: • The issuance of Common Stock upon the conversion of any then-outstanding Convertible Securities; provided, however, that this exception shall not apply to the issuance or sale of the Convertible Securities themselves, as provided in clause (ii) above. • The issuance of any Common Stock or Convertible Securities as a dividend on the Company's stock; • The issuance of up to 3,529,412 (as adjusted for any subsequent stock splits, combinations, reorganizations or similar transactions ) shares of Common Stock (or options to purchase shares of Common Stock) to employees, directors or consultants of the Company under the Company's 2011 Incentive Award Plan; and • The issuance of shares of Common Stock or Convertible Securities to lenders, financial institutions, equipment lessors, or real estate lessors to the Company in connection with a bona fide borrowing or leasing transaction (and expressly excluding any equity financing transactions) approved by the Company's Board of Directors. View More

Triggering Event. Shall be deemed to have occurred upon any Person (other than the Company, any Subsidiary of the Company, any employee benefit plan of the Company or any Subsidiary of the Company, or any entity holding Common Shares for or pursuant to the terms of any such plan), together with all Affiliates and Associates of such Person, becoming an Acquiring Person.

Triggering Event. Shall mean any of the following events: (a) a Change of Control (as such term is defined in the NWP Agreement), (b) the fifth anniversary of the Closing Date or (c) an Event of Default (as such term is defined in the NWP Agreement).

Triggering Event. Means the elapsing of either of (i) the term of two hundred and seventy (270) days following the date hereof or (ii) the term of thirty (30) days following the completion of the Mosaic Reorganization, whichever occurs first.

Triggering Event. Means (i) the closing of the acquisition by Purchaser or by any of its Affiliates of 100% of the shares of the capital stock of BPI, to be informed to Mosaic upon delivery by Purchaser of a written notice, and the completion of the Mosaic Reorganization, to be informed to the Purchaser upon delivery by Mosaic of the Reorganization Completion Notice; or (ii) the closing of the acquisition by Purchaser or by any of its Affiliates of 100% of the shares of the capital stock of BPI, to be informed... to Mosaic upon delivery by Purchaser of a written notice, and the termination of the period of one hundred and twenty (120) days counted from the date hereof, as the same may be extended pursuant to Section 7.4, whichever occurs first. View More

Triggering Event. Means, as of any date of determination, that an Event of Default has occurred as of such date

Triggering Event. The meaning ascribed to the term Additional Warrants Triggering Event in the Credit Agreement

Triggering Event. The meaning ascribed to it in the Rights Agreement.

Triggering Event. Means any of the following events: (a) the Common Stock is not listed or quoted, or is suspended from trading, on a Trading Market for a period of five or more Trading Days (which need not be consecutive Trading Days); (b) subject to subsection c below, the Company fails to have available a sufficient number of authorized but unissued and otherwise unreserved shares of Common Stock available to issue the Conversion Shares upon any conversion of this Note; (c) if at any time commencing 30... Trading Days after the Shareholder Approval, any Common Stock issuable pursuant to the Transaction Documents is not listed on a Trading Market; (d) if Shareholder Approval is required, the Company shall have failed to receive the Shareholder Approval within four (4) months of the requirement to obtain such Shareholder Approval; (e) any of the Debtors fails to make any cash payment required under the Transaction Documents and such failure is not cured within fifteen (15) calendar days after notice of such default is first given to such Debtor by the Holder; or (f) any of the Debtors defaults in the timely performance of any other obligation under the Transaction Documents and such default continues uncured for a period of thirty (30) calendar days after the date on which notice of such default is first given to such Debtor by the Holder (it being understood that no prior notice need be given in the case of a default that cannot reasonably be cured within such thirty (30) days). View More

Triggering Event. The occurrence of any one of the following events: (i) the Company terminates Executive's employment with the Company without "cause" as such term is defined in Executive's Employment Agreement; or (ii) Executive terminates his employment with the Company because the Company has reduced Executive's Base Salary or the amount of bonus for which Executive is eligible from the highest levels in place from the date that is three (3) months before a Change of Control through the time of the Change of... Control; or (iii) Executive terminates his employment with the Company because the Company (i) has reduced Executive's title, duties, authority or reporting relationships so as to materially reduce Executive's overall job responsibilities from the highest levels in place from the date that is three (3) month before a Change of Control through the time of the Change of Control or (ii) has required that Executive relocate to a location more than 40 miles from the Company's headquarters at the time of the Change of Control; provided that, none of the events described in clauses (ii) and (iii) above shall constitute a Triggering Event unless and until the Executive first notifies the Company in writing describing the event(s) which constitute(s) the Triggering Event(s) within 90 days after the occurrence of such event(s) and the Company fails to cure such event(s) within 30 days after the Company's receipt of such written notice View More