(rrr) Qualified Issuer Publicly Traded Shares means, in connection with a Change of Control with a Public Issuer, the Common Equity of the Public Issuer that is listed on a Market, or if there is more than one such class of Common Equity, the class with the greatest market capitalization.
(sss) Qualified Successor Issuer means, in connection with any Non-Change of Control Merger Event, a Successor Issuer that (i) is a Public Issuer whose Common Equity is listed or admitted for trading on a Principal Market, and (ii) has an aggregate market value of the voting stock held by non-affiliates of such Public Issuer, computed by reference to the closing price as of the last Trading Day of the applicable registrants most recently completed fiscal quarter for which such information is available prior to the closing of the Non-Change of Control Merger Event but calculated after giving pro forma effect to the applicable Non-Change of Control Merger Event, of no less than $5 billion.
(ttt) Requisite Holders means, so long as the Fund holds any Notes, the Fund, and, if the Fund holds no Notes, Holders holding a majority of the aggregate Outstanding Principal Balance of the then outstanding Notes.
(uuu) Scheduled Trading Day means, with respect to any class or series of Common Equity, a day that is scheduled to be a Trading Day on the Principal Market or other recognized securities exchange on which such Common Equity is listed or admitted for trading; provided that if such Common Equity is not so listed or admitted for trading, Scheduled Trading Day means a Business Day.
(vvv) SEC means the United States Securities and Exchange Commission.
(www) Senior Non-Convertible Preferred Stock means a new series of senior non-convertible preferred stock of the Issuer having the following terms: (i) a per share purchase price of $100.00, (ii) a liquidation preference equal to the per share purchase price plus accrued and unpaid dividends, including dividends payable in kind, and no further rights to distributions in liquidation, (iii) a dividend yield of 2.0% per annum, payable in kind, (iv) redeemable in cash at the option of the Issuer at any time, (v) mandatorily redeemable in cash by the Issuer at the 9th anniversary of the issuance of such Senior Non-Convertible Preferred Stock, (vi) no conversion rights, and (vii) no voting rights, except as required by law or with respect to amendments to the Charter of the Issuer that would alter or change the powers, preferences, other special rights, privileges or restrictions of the Senior Non-Convertible Preferred Stock so as to affect them materially and adversely.
(xxx) Series D Conversion Amount means, at any date: (i) the Note Obligations Amount (expressed as a whole number) divided by (ii) 10.781575 (adjusted for any dividends paid in stock, stock splits or stock combinations with respect to the Series D Preferred Stock).
(yyy) Series D Preferred Stock means the shares of Series D Preferred Stock of the Issuer, par value $0.00001 per share.
(zzz) Series E Preferred Stock means a new series of preferred stock of the Issuer having financial terms no less favorable or protective to the Issuer and the investors in