Preemptive Rights Holder definition

Preemptive Rights Holder shall have the meaning set forth in Section 4(e).

Preemptive Rights Holder has the meaning set forth in Section 3.3(a).

Preemptive Rights Holder means a holder of any Preferred Shares.

Examples of Preemptive Rights Holder in a sentence

• If any Preemptive Rights Holder fails to so respond in writing within such ten (10) Business Day period to purchase such Preemptive Rights Holder’s full Pro Rata Share of an offering of New Securities, then such Preemptive Rights Holder shall forfeit the right hereunder to purchase that part of its Pro Rata Share of such New Securities that it did not agree to purchase, but shall not be deemed to forfeit any right with respect to any other issuance of New Securities.

• At such closing, the Company shall deliver to the exercising Preemptive Rights Holder the certificates or other documents representing the New Securities purchased by such Preemptive Rights Holder, and such holder shall pay the Company the purchase price for such securities.

• If any Preemptive Rights Holder fails or declines to exercise its Preemptive Right in accordance with Section 10.03(a) above, the JV shall promptly give a notice (the “Second Participation Notice”) to other Preemptive Rights Holders who have exercised in full their Preemptive Rights (the “Oversubscription Participants”) in accordance with Section 10.03(a) above.

• In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Preemptive Rights Holder written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms upon which the Company proposes to issue such New Securities.

• Each Preemptive Rights Holder shall have the right, during the Election Period, to elect to purchase any or all of its Proportionate Percentage of the New Securities at the purchase price and on the terms stated in the Preemptive Offer Notice.

More Definitions of Preemptive Rights Holder

Preemptive Rights Holder has the meaning set forth in Section 7.16(b).

Preemptive Rights Holder thereunder, shall not be amended or waived in a manner that denies LPE II the right to participate in future financing rounds in substantially the same manner set forth herein without the written consent of LPE II so long as it holds at least 4,955,752 shares of capital stock of the Company (as adjusted for any stock split, stock dividend, combination, or other recapitalization or reclassification), (ii) Section 6.6(e)(i) and this Section 6.6(e)(ii) shall not be amended or waived without the written consent of LPE II so long as it holds at least 4,955,752 shares of capital stock of the Company (as adjusted for any stock split, stock dividend, combination, or other recapitalization or reclassification), (iii) the third to last sentence of Subsection 5.5 shall not be amended or waived without the written consent of ARCH so long as it remains entitled to designate at least one (1) Series A Director pursuant to the Voting Agreement, (iv) the penultimate sentence of Subsection 5.5 shall not be amended or waived without the written consent of Omega so long as it remains entitled to designate at least one (1) Series A Director pursuant to the Voting Agreement, and (v) the last sentence of Subsection 5.5 shall not be amended or waived without the written consent of Xxxxxxxxx so long as it remains entitled to designate at least one (1) Series B Director pursuant to the Voting Agreement.

Preemptive Rights Holder and “Preemptive Right” each has the meaning set forth in Section 7.1.

Preemptive Rights Holder. Clause 7.1

Preemptive Rights Holder means any Investor that, individually or together with such Investor’s Affiliates, holds at least 5% of the shares of Registrable Securities (as adjusted for any stock split, stock dividend, combination, or other recapitalization or reclassification effected after the date hereof).

Preemptive Rights Holder means the (i) Major Stockholders and (ii) each Principal WL Stockholder, who, together with its Affiliates, holds a number of Common Shares equal to 50% or more of the Common Shares issuable to such Principal WL Stockholder on the Closing Date.

Preemptive Rights Holder means each Member (other than Woodside Inc.) that, together with its Affiliates, owns (on an As-Exchanged Basis) at least 5% of the total number of outstanding shares of Class A Common Stock (determined on an As-Exchanged Basis) outstanding immediately following the completion of the IPO, including the exercise by the underwriters of any overallotment option and the sale of Units or shares of Class A Common Stock by such Member and its Affiliates.