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

Acquisition of Stock by Third Party. Any Person, other than Advent and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 5 contracts

Samples: Indemnification & Liability (First Watch Restaurant Group, Inc.), Indemnification Agreement (Sovos Brands, Inc.), Director Indemnification Agreement (Cotiviti Holdings, Inc.)

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Acquisition of Stock by Third Party. Any Person, other than Advent and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 4 contracts

Samples: Indemnification Agreement (iFit Health & Fitness Inc), Indemnification Agreement (Definitive Healthcare Corp.), Indemnification Agreement (PSAV, Inc.)

Acquisition of Stock by Third Party. Any Person, other than Advent CCMP and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 3 contracts

Samples: Indemnification Agreement (Generac Holdings Inc.), Indemnification Agreement (Generac Holdings Inc.), Indemnification Agreement (Generac Holdings Inc.)

Acquisition of Stock by Third Party. Any Person, other than Advent Tiptree Inc. and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;; (ii)

Appears in 3 contracts

Samples: Indemnification Agreement (Fortegra Group, Inc), Indemnification Agreement (Fortegra Group, Inc), Indemnification Agreement (Fortegra Group, LLC)

Acquisition of Stock by Third Party. Any PersonPerson (as defined below), other than Advent Sun Capital and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial OwnerOwner (as defined above), directly or indirectly, of securities of the Company representing fifty (more than 50%) or more % of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Vince Holding Corp.), Indemnification Agreement (Apparel Holding Corp.)

Acquisition of Stock by Third Party. Any Person, other than Advent Summit Partners and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Fortegra Financial Corp), Indemnification Agreement (Fortegra Financial Corp)

Acquisition of Stock by Third Party. Any PersonPerson (as defined below), other than Advent Sun Capital Partners, Inc. and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial OwnerOwner (as defined above), directly or indirectly, of securities of the Company representing fifty (more than 50%) or more % of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Vince Holding Corp.), Indemnification Agreement (Apparel Holding Corp.)

Acquisition of Stock by Third Party. Any Person, other than Advent Summit and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Indemnification Agreement (Fortegra Financial Corp)

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Acquisition of Stock by Third Party. Any Person, other than Advent International Corporation and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Director Indemnification Agreement (NCS Multistage Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person, other than Advent the Berkshire Sponsor and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Indemnification & Liability (Portillo's Inc.)

Acquisition of Stock by Third Party. Any Person, other than Advent the Company’s insurance company and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Indemnification & Liability (Ark Restaurants Corp)

Acquisition of Stock by Third Party. Any Person, other than Advent and its affiliates and Person other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Indemnification Agreement (Proficient Auto Logistics, Inc)

Acquisition of Stock by Third Party. Any Person, other than Advent the Sponsor and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Director Indemnification Agreement (Ceridian HCM Holding Inc.)

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