Common use of Acquisition of Stock by Third Party Clause in Contracts

Acquisition of Stock by Third Party. Any Person (as defined below), other than [Vista][Vista Equity Partners (“Vista”)]2 and its affiliates, is or becomes the Beneficial Owner (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 3 contracts

Samples: Indemnification Agreement (iCIMS Holding LLC), Indemnification Agreement (iCIMS Holding LLC), Indemnification Agreement (Datto Holding Corp.)

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Acquisition of Stock by Third Party. Any Person (as defined below), other than [Vista][Vista Equity Partners (“Vista”)]2 Vista”)] and its affiliates, is or becomes the Beneficial Owner (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement (Integral Ad Science Holding LLC), Indemnification Agreement (Jamf Holding Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than [Vista][Vista Equity Partners (“Vista”)]2 and its affiliatesThe Traxis Group B.V., is or becomes the Beneficial Owner (as defined abovebelow), directly or indirectly, of securities of the Company representing thirty percent (30%) or more than 50% of the combined voting power of the Company’s then outstanding securities, securities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnity Agreement (Blue Bird Corp), Purchase Agreement (Hennessy Capital Acquisition Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than [Vista][Vista Equity Partners (“Vista”)]2 and its affiliates, ) is or becomes the Beneficial Owner (as defined abovebelow), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more than 50% of the combined voting power of the Company’s then outstanding securities, securities unless the change in relative Beneficial Ownership beneficial ownership of the Company’s securities by any Person is approved in advance by a majority of the Board in advance of the acquisition that results in ownership above 11% or results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification and Advancement Agreement (Nano Magic Holdings Inc.), Indemnification and Advancement Agreement (Nano Magic Holdings Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), hereinafter defined) (other than [Vista][Vista Equity Partners (“Vista”)]2 and New Mountain Capital, LLC or any of its affiliates, ) is or becomes the Beneficial Owner (as defined abovehereinafter defined), directly or indirectly, of securities of the Company representing forty percent (40%) or more than 50% of the combined voting power of the Company’s then outstanding securities, securities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (Bellerophon Therapeutics LLC)

Acquisition of Stock by Third Party. Any Person (as defined below), ) other than [Vista][Vista Equity Partners (“Vista”)]2 and its affiliates, Dx. Xxxx Xxxxx or any one or more of his controlled affiliates is or becomes the Beneficial Owner (as defined abovebelow), directly or indirectly, of securities of the Company representing fifty percent (50%) or more than 50% of the combined voting power of the Company’s then outstanding securities, securities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (Semper Paratus Acquisition Corp)

Acquisition of Stock by Third Party. Any Person (as defined below), other than [Vista][Vista Equity Partners (“Vista”)]2 and its affiliatesThe Traxis Group B.V., is or becomes the Beneficial Owner (as defined abovebelow), directly or indirectly, of securities of the Company representing thirty percent (30%) or more than 50% of the combined voting power of the Company’s 's then outstanding securities, securities unless the change in relative Beneficial Ownership of the Company’s 's securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnity Agreement (Blue Bird Corp)

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Acquisition of Stock by Third Party. Any Person (as defined below), other than [Vista][Vista Equity the Indemnitee, or Matrix Partners (“Vista”)]2 and or any of its affiliatesaffiliated funds, is or becomes the Beneficial Owner (as defined abovebelow), directly or indirectly, of securities of the Company representing twenty-five percent (25%) or more than 50% of the combined voting power of the Company’s then outstanding securities, securities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (Acacia Communications, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than [Vista][Vista Equity Partners ) (“Vista”)]2 and its affiliates, who is not such on or prior to the date of this Agreement) becomes the Beneficial Owner (as defined above)Owner, directly or indirectly, of securities of the Company representing thirty-five percent (35%) or more than 50% of the combined voting power of the Company’s then outstanding securities, securities unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnity Agreement (ATI Physical Therapy, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than [Vista][Vista Equity Partners (“Vista”)]2 Vista”)](2) and its affiliates, is or becomes the Beneficial Owner (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (Juno Topco, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than [Vista][Vista Equity Partners AE][AE Industrial Partners, LP (“Vista”)]2 AE”)]2 and its affiliates, is or becomes the Beneficial Owner (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (Redwire Corp)

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