|
|
 | | | |
- close
- close
- close
- close
AYR » Topics » The market price of our common shares could be negatively affected by sales of substantial amounts of our common shares in the public markets.These excerpts taken from the AYR 10-K filed Mar 2, 2009. The
market price of our common shares could be negatively affected
by sales of substantial amounts of our common shares in the
public markets.
As of February 20, 2009, there were 79,109,861 shares
issued and outstanding, all of which are freely transferable,
except for any shares held by our “affiliates,” as
that term is defined in Rule 144 under the Securities Act
of 1933, as amended, or the Securities Act. The remaining
outstanding common shares will be deemed “restricted
securities” as that term is defined in Rule 144 under
the Securities Act.
Pursuant to our Amended and Restated Shareholders Agreement, the
Fortress funds and certain Fortress affiliates and permitted
third-party transferees have the right, in certain
circumstances, to require us to register their 29,000,000 common
shares under the Securities Act for sale into the public
markets. Upon the effectiveness of such a registration
statement, all shares covered by the registration statement will
be freely transferable. A sale, or a report of the possible
sale, of any substantial portion of these shares may negatively
impact the market price of our shares.
Table of Contents
In addition, following the completion of our initial public
offering in August 2006, we filed a registration statement on
Form S-8
under the Securities Act to register an aggregate of 4,000,000
of our common shares reserved for issuance under our equity
incentive plan, subject to annual increases of 100,000 common
shares per year, beginning in 2007 and continuing through and
including 2016. Subject to any restrictions imposed on the
shares and options granted under our equity incentive plan,
shares registered under the registration statement on
Form S-8
are generally available for sale into the public markets.
The market price of our common shares could be negatively affected by sales of substantial amounts of our common shares in the public markets. As of February 20, 2009, there were 79,109,861 shares issued and outstanding, all of which are freely transferable, except for any shares held by our “affiliates,” as that term is defined in Rule 144 under the Securities Act of 1933, as amended, or the Securities Act. The remaining outstanding common shares will be deemed “restricted securities” as that term is defined in Rule 144 under the Securities Act. Pursuant to our Amended and Restated Shareholders Agreement, the Fortress funds and certain Fortress affiliates and permitted third-party transferees have the right, in certain circumstances, to require us to register their 29,000,000 common shares under the Securities Act for sale into the public markets. Upon the effectiveness of such a registration statement, all shares covered by the registration statement will be freely transferable. A sale, or a report of the possible sale, of any substantial portion of these shares may negatively impact the market price of our shares.
Table of ContentsIn addition, following the completion of our initial public offering in August 2006, we filed a registration statement on Form S-8 under the Securities Act to register an aggregate of 4,000,000 of our common shares reserved for issuance under our equity incentive plan, subject to annual increases of 100,000 common shares per year, beginning in 2007 and continuing through and including 2016. Subject to any restrictions imposed on the shares and options granted under our equity incentive plan, shares registered under the registration statement on Form S-8 are generally available for sale into the public markets. This excerpt taken from the AYR 10-Q filed Nov 17, 2008. The
market price of our common shares could be negatively affected
by sales of substantial amounts of our common shares in the
public markets.
As of September 30, 2008, there were 78,622,011 shares
issued and outstanding, all of which are freely transferable,
except for any shares held by our “affiliates,” as
that term is defined in Rule 144 under the Securities Act
of 1933, as amended, or the Securities Act. The remaining
outstanding common shares will be deemed “restricted
securities” as that term is defined in Rule 144 under
the Securities Act.
Pursuant to our Amended and Restated Shareholders Agreement, the
Fortress funds and certain Fortress affiliates and permitted
third-party transferees have the right, in certain
circumstances, to require us to register their 29,000,000 common
shares under the Securities Act for sale into the public
markets. Upon the effectiveness of such a registration
statement, all shares covered by the registration statement will
be freely transferable.
In addition, following the completion of our initial public
offering in August 2006, we filed a registration statement on
Form S-8
under the Securities Act to register an aggregate of 4,000,000
of our common shares reserved for issuance under our equity
incentive plan, subject to annual increases of 100,000 common
shares per year, beginning in 2007 and continuing through and
including 2016.
Table of Contents
Subject to any restrictions imposed on the shares and options
granted under our equity incentive plan, shares registered under
the registration statement on
Form S-8
are generally available for sale into the public markets.
| EXCERPTS ON THIS PAGE:
|
| |||||||
