Certain Definitions Clause Example with 5 Variations from Business Contracts

Certain Definitions. The following terms, as used herein, have the following meanings: “Accredited Investor” means an accredited investor as that term is defined in Rule 501(a) of Regulation D promulgated by the Commission. “Affiliate” means, with respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with such Person. “Business Day” means any day except a Saturday, Sunday, or other day on which commercial banks in Houston, Texas, are authorized by ...law to close. “Capital Reorganization” has the meaning set forth in Section 4.2. “Commission” means the Securities and Exchange Commission. “Common Share Reorganization” has the meaning set forth in Section 4.1. “Common Shares” means the Company’s currently authorized class of Common Stock, par value $0.001. “Company” has the meaning set forth in the preamble to this Warrant Certificate. “Empire Texas New Mexico LLC” means Empire Texas New Mexico LLC, a Delaware limited liability company and wholly-owned subsidiary of the Company. “Exchange Act” means the Securities Exchange Act of 1934, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Exchange Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Exercise Price” means $0.25, the lesser of (a) $1.00 and (b) the price per share of Common Shares offered by the Company in any capital raise after the Original Issue Date, subject to adjustment from time to time pursuant to Section 4. “Joint Development Agreement” means the Joint Development Agreement dated on or about the date hereof between the Company and the other parties thereto. “Notice of Exercise” has the meaning set forth in Section 2(a). “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or organization, including a government or political subdivision or an agency or instrumentality thereof. “PIE Operating LLC” means PIE Operating LLC, a Nevada limited liability company. “Purchase Agreement” has the meaning set forth in the preamble to this Warrant Certificate. “Securities Act” means the Securities Act of 1933, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Securities Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Vesting Event” means that all outstanding warrants for purchase of Common Shares as of the date of this Warrant Certificate (other than those held by the Warrant Holder) have been fully exercised or lapsed. “Warrant” means the rights granted to the Warrant Holder pursuant to this Warrant Certificate. “Warrant Certificate” means this Common Share Warrant Certificate. “Warrant Holder” has the meaning set forth in the preamble to this Warrant Certificate. “Warrant Shares” means 1,800,000 3,000,000 Common Shares issued or issuable upon exercise of this Warrant, subject to adjustment from time to time pursuant to Section 4. View More

Certain Definitions. The following terms, as used herein, have the following meanings: “Accredited Investor” means an accredited investor as that term is defined in Rule 501(a) of Regulation D promulgated by the Commission. “Affiliate” means, with respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with such Person. “Business Day” means any day except a Saturday, Sunday, or other day on which commercial banks in Houston, Texas, are authorized by ...law to close. “Capital Reorganization” has the meaning set forth in Section 4.2. “Commission” means the Securities and Exchange Commission. “Common Share Reorganization” has the meaning set forth in Section 4.1. “Common Shares” means the Company’s currently authorized class of Common Stock, par value $0.001. “Company” has the meaning set forth in the preamble to this Warrant Certificate. “Empire Texas LLC” means Empire Texas LLC, a Delaware limited liability company and wholly-owned subsidiary of the Company. “Exchange Act” means the Securities Exchange Act of 1934, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Exchange Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Exercise Price” means $0.25, $0.10, subject to adjustment from time to time pursuant to Section 4. “Joint Development Agreement” means the Joint Development Agreement dated on or about the date hereof between the Company and the other parties thereto. “Notice of Exercise” has the meaning set forth in Section 2(a). “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or organization, including a government or political subdivision or an agency or instrumentality thereof. “PIE Operating LLC” means PIE Operating LLC, a Nevada limited liability company. “Purchase Agreement” has the meaning set forth in the preamble to this Warrant Certificate. “Securities Act” means the Securities Act of 1933, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Securities Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Vesting Event” means that all outstanding warrants for purchase of Common Shares as of the date of this Warrant Certificate (other than those held by the Warrant Holder) have been fully exercised or lapsed. “Warrant” means the rights granted to the Warrant Holder pursuant to this Warrant Certificate. “Warrant Certificate” means this Common Share Warrant Certificate. “Warrant Holder” has the meaning set forth in the preamble to this Warrant Certificate. “Warrant Shares” means 1,800,000 8,136,518 Common Shares issued or issuable upon exercise of this Warrant, subject to adjustment from time to time pursuant to Section 4. View More

Certain Definitions. The following terms, as used herein, have the following meanings: “Accredited Investor” means an accredited investor as that term is defined in Rule 501(a) of Regulation D promulgated by the Commission. “Affiliate” means, with respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with such Person. “Business Day” means any day except a Saturday, Sunday, or other day on which commercial banks in Houston, Texas, are authorized by ...law to close. “Capital Reorganization” has the meaning set forth in Section 4.2. “Commission” means the Securities and Exchange Commission. “Common Share Reorganization” has the meaning set forth in Section 4.1. “Common Shares” means the Company’s currently authorized class of Common Stock, par value $0.001. “Company” has the meaning set forth in the preamble to this Warrant Certificate. “Empire Texas LLC” “Green Tree” means Empire Texas New Mexico LLC, d/b/a Green Tree New Mexico, LLC, a Delaware limited liability company and wholly-owned subsidiary of the Company. “Exchange Act” means the Securities Exchange Act of 1934, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Exchange Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Exercise Price” means $0.25, $5.00 per share, applicable after the 4 to 1 reverse stock split to be authorized upon filing of the Amended and Restated Certificate of Incorporation approved by the board of directors and shareholders of Parent on or about August 27, 2021 and August 31, 2021, respectively, (the “Reverse Stock Split”), subject to adjustment from time to time pursuant to Section 4. “Joint Development Agreement” means “Loan Modification” has the Joint Development Agreement dated on or about meaning set forth in the date hereof between the Company and the other parties thereto. preamble to this Warrant Certificate “Notice of Exercise” has the meaning set forth in Section 2(a). “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or organization, including a government or political subdivision or an agency or instrumentality thereof. “PIE Operating LLC” means PIE Operating LLC, a Nevada limited liability company. “Purchase Agreement” has the meaning set forth in the preamble to this Warrant Certificate. “Securities Act” means the Securities Act of 1933, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Securities Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Vesting Event” means that all outstanding warrants for purchase of Common Shares as of the date of this Warrant Certificate (other than those held by the Warrant Holder) have been fully exercised or lapsed. “Warrant” means the rights granted to the Warrant Holder pursuant to this Warrant Certificate. “Warrant Certificate” means this Common Share Warrant Certificate. “Warrant Holder” has the meaning set forth in the preamble to this Warrant Certificate. “Warrant Shares” means 1,800,000 500,000 Common Shares issued or issuable upon exercise of this Warrant, subject to adjustment from time to time pursuant to Section 4. View More

Certain Definitions. The following terms, as used herein, have the following meanings: “Accredited Investor” means an accredited investor as that term is defined in Rule 501(a) of Regulation D promulgated by the Commission. “Affiliate” means, with respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with such Person. “Business Day” means any day except a Saturday, Sunday, or other day on which commercial banks in Houston, Texas, are authorized by ...law to close. “Capital Reorganization” has the meaning set forth in Section 4.2. “Commission” means the Securities and Exchange Commission. “Common Share Reorganization” has the meaning set forth in Section 4.1. “Common Shares” means the Company’s currently authorized class of Common Stock, par value $0.001. “Company” has the meaning set forth in the preamble to this Warrant Certificate. “Empire Texas LLC” means Empire Texas LLC, a Delaware limited liability company and wholly-owned subsidiary of the Company. “Exchange Act” means the Securities Exchange Act of 1934, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Exchange Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Exercise Price” means $0.25, $0.20, subject to adjustment from time to time pursuant to Section 4. “Joint Development Agreement” means the Joint Development Agreement dated on or about the date hereof between the Company and the other parties thereto. “Notice of Exercise” has the meaning set forth in Section 2(a). “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or organization, including a government or political subdivision or an agency or instrumentality thereof. “PIE Operating LLC” means PIE Operating LLC, a Nevada limited liability company. “Purchase Agreement” has the meaning set forth in the preamble to this Warrant Certificate. “RRC Monthly Production Report” has the meaning set forth in the Joint Development Agreement. “Securities Act” means the Securities Act of 1933, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Securities Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Vesting Event” “Triggering Events” means that all outstanding warrants for purchase (a) the 3 month trailing average monthly aggregate production from the oil and gas properties of Common Shares Empire Texas LLC operated by PIE Operating LLC shall have increased by 20% from the 3 month trailing average monthly production of the same properties as of July 2020, in each case as set forth in the date of this Warrant Certificate (other than those held relevant RRC Monthly Production Reports, (b) aggregate expenditures on well workovers by PIE Operating LLC under the Joint Development Agreement shall have exceeded US$1 million, and (c) the Company shall have effected a Capital Reorganization mutually agreeable to the Company and the Warrant Holder) have been fully exercised or lapsed. Holder. “Warrant” means the rights granted to the Warrant Holder pursuant to this Warrant Certificate. “Warrant Certificate” means this Common Share Warrant Certificate. “Warrant Holder” has the meaning set forth in the preamble to this Warrant Certificate. “Warrant Shares” means 1,800,000 2,625,000 Common Shares issued or issuable upon exercise of this Warrant, subject to adjustment from time to time pursuant to Section 4. View More

Certain Definitions. The following terms, as used herein, have the following meanings: “Accredited Investor” means an accredited investor as that term is defined in Rule 501(a) of Regulation D promulgated by the Commission. “Affiliate” means, with respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with such Person. “Business Day” means any day except a Saturday, Sunday, or other day on which commercial banks in Houston, Texas, are authorized by ...law to close. “Capital Reorganization” has the meaning set forth in Section 4.2. “Commission” means the Securities and Exchange Commission. “Common Share Reorganization” has the meaning set forth in Section 4.1. “Common Shares” means the Company’s currently authorized class of Common Stock, par value $0.001. “Company” has the meaning set forth in the preamble to this Warrant Certificate. “Empire Texas LLC” means Empire Texas LLC, a Delaware limited liability company and wholly-owned subsidiary of the Company. “Exchange Act” means the Securities Exchange Act of 1934, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Exchange Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Exercise Price” initially means $0.25, subject to adjustment from $0.141, provided, however, at any time to time after the number of Warrant Shares are adjusted hereunder (as described in the definition of Warrant Shares (other than pursuant to Section 4. “Joint Development Agreement” means 4)), the Joint Development Agreement dated on or about Exercise Price shall be equal to a quotient, the numerator of which is (a) the difference between (i) $1,062,200 less (ii) the total amount paid by Warrant Holder hereunder as of the date hereof between the Company of such calculation and the other parties thereto. denominator of which is (b) the number of Warrant Shares that may still be acquired hereunder as of the date of such calculation. “Notice of Exercise” has the meaning set forth in Section 2(a). “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or organization, including a government or political subdivision or an agency or instrumentality thereof. “PIE Operating LLC” means PIE Operating LLC, a Nevada limited liability company. “Purchase Agreement” has the meaning set forth in the preamble to this Warrant Certificate. “Securities Act” means the Securities Act of 1933, as amended, or any successor Federal statute, and the rules and regulations of the Commission thereunder, all as the same shall be in effect at the time. Reference to a particular section of the Securities Act shall include a reference to the comparable section, if any, of any such successor Federal statute. “Vesting Event” means that all outstanding warrants for purchase of Common Shares as of the date of this Warrant Certificate (other than those held by the Warrant Holder) have been fully exercised or lapsed. “Warrant” means the rights granted to the Warrant Holder pursuant to this Warrant Certificate. “Warrant Certificate” means this Common Share Warrant Certificate. “Warrant Holder” has the meaning set forth in the preamble to this Warrant Certificate. “Warrant Shares” initially means 1,800,000 7,533,333 Common Shares issued or issuable upon exercise of this Warrant, provided, however, in the event that any stockholder (other than current officers and directors) exercises any warrants to acquire Common Shares on or before December 31, 2020 (the “Adjustment Shares”), the Common Shares issued or issuable upon exercise of this Warrant shall be adjusted upward as of the effective time of any such exercise by a number of Warrant Shares equal to (a) the number of Adjustment Shares so exercised multiplied by (b) 0.6667, provided, further, any such adjustment shall in no event exceed 3,533,333 Warrant Shares, and all of such Warrant Shares are subject to adjustment from time to time pursuant to Section 4. View More