Minimum Number of Shares definition
Examples of Minimum Number of Shares in a sentence
If Parent owns, directly or indirectly, no more than the Revised Minimum Number of Shares, no other vote of the stockholders of the Company is required by law, the Certificate of Incorporation or Bylaws of the Company as currently in effect or otherwise to adopt the plan of merger contained in this Agreement and approve the Merger.
Unless the Merger is consummated in accordance with Section 253 of the DGCL as contemplated by Section 2.09 if Parent owns, directly or indirectly, no more than the Revised Minimum Number of Shares, the only vote of the stockholders of the Company required to adopt the plan of merger contained in this Agreement and approve the Merger is the affirmative vote of the holders of not less than a majority of the outstanding Shares.
The Merger Agreement shall have been approved by the ---------- Minimum Number of Shares and the Merger shall have been consummated in compliance with all applicable laws and in accordance with the Merger Agreement.
On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, a minimum number (the “ Minimum Number of Shares ”) of 1,500,000 Shares and an aggregate maximum number (the “ Maximum Number of Shares” ) of 3,675,000 Shares, in the individual amounts specified on each Purchaser’s signature page.
Upon the terms and subject to the conditions of the Offer, if more than the Minimum Number of Shares are validly tendered on or prior to the Expiration Date and not withdrawn in accordance with Section 4 of this Offer to Purchase, the Purchaser will accept for payment and pay for all such Shares.