Current Ownership. I understand that, as of the date of the submission of this Membership Agreement, the Club is owned by Muskogee Golf & Country Club, LLC, an Oklahoma limited liability company (the “Company”). The Company reserves the right to engage one or more professional management companies and other entities to operate the Club Facilities, as hereinafter defined, or any portion thereof.
Current Ownership. In the event a Change of Control of ABF occurs (without the prior written consent of the Union), this wage reduction may be terminated and wages reverted to full contract wage rates in effect immediately prior to ratification on a prospective basis if the Union so elects in writing and all other provisions of this Plan shall be null and void on a prospective basis. For the purposes of this wage reduction, a "Change of Control," shall be deemed to have taken place when a third person, including a "group" as defined in Section 13(d)(3) of the Securities Exchange Act of 1934, assumes ownership of more than 50% of the total voting power of the stock of ABC or where the current directors of ABC (or directors that they nominate or their nominees nominate) no longer continue to hold more than 50% of the voting power of the board of directors).
Current Ownership. Immediately prior to the execution and delivery of this Agreement, the Company Option Agreement and the Stockholder Option Agreements, neither Parent nor Sub was an "interested stockholder" of the Company, as such term is defined in Section 203(c)(5) of the DGCL. ARTICLE VI
Current Ownership. If a Change of Control of YRC Worldwide Inc., including all domestic or Canadian subsidiaries but excluding Chinese businesses (collectively “YRCW”) occurs, this Restructuring Plan may be terminated and wages reverted to full NMFA on a prospective basis if the Union so elects in writing and all other provisions of this Revised Plan shall be null and void on a prospective basis; provided that in the case of the sale of a business unit of YRCW, whether through the sale of assets or stock or through a merger, the election shall only apply to the business unit that is the subject of the sale. Union approval for any Change of Control is required. For the purposes of this Section 24, a “Change of Control,” shall be deemed to have taken place if a third person, including a “group” as defined in Section 13(d)(3) of the Securities Exchange Act of 1934, as amended,
(a) purchases or otherwise acquires shares of YRCW after the date of this Agreement that, together with stock held by such person or group, constitutes more than 50 percent of the total voting power of the stock of YRCW where the current directors of YRCW (or directors that they nominate or their nominees nominate) no longer continue to hold more than 50% of the voting power of the board of directors);
(b) acquires a material portion of the assets of a business unit of YRCW that is subject to a Union collective bargaining agreement.
Current Ownership. Buyer, and each owner of equity interests in Buyer, as set forth on Exhibit A hereto (each, a "Buyer Member"), is the record and beneficial owner of the number of shares, if any, of Common Stock and the percentage ownership interest in Buyer set forth opposite such Buyer Member's name on Exhibit A hereto. Except for the shares of Common Stock referenced on Exhibit A (including shares owned by the family corporation referenced thereon), neither Buyer, nor any Buyer Member, nor any of their respective Affiliates, beneficially owns shares of equity (or securities convertible into equity) of the Corporation.
Current Ownership. The Stockholder is the record and beneficial owner of 1,775,900 shares of Common Stock (the "Current Shares"). Except for the Current Shares, neither the Stockholder nor any of its Affiliates beneficially owns Restricted Securities.
Current Ownership. Except as set forth in Pacific Life's Disclosure Schedule, as of the date hereof, Pacific Life represents that it does not beneficially own any capital stock of the Companies.
Current Ownership. The Buyer is the record and beneficial owner of 3,407,100 shares of Common Stock (the "Current Shares"). Except for the Current Shares, neither Buyer nor any of its Affiliates beneficially owns any Common Equity.
Current Ownership. Except for it rights to acquire Newly Issued Shares pursuant to this Agreement, neither Investor nor any of its Affiliates beneficially owns any shares of Class A Stock or Class B Stock; provided, with respect to any Affiliate of Investor which is not incorporated or otherwise organized in the United States, Investor shall be entitled to correct this representation by advising the Company in writing at any time within 90 days of the date of this Agreement of the beneficial ownership of any shares of Class A or Class B Stock by any such Affiliate, including the amount thereof, nature of ownership, identity of the beneficial owner, and nature of its relationship with Investor, in such detail as the Company shall reasonably request. Investor shall cause any Affiliate which is not a United States subsidiary of Investor to divest such beneficial ownership within 30 days after Investor becomes aware of such ownership, but only in the manner permitted by Section 9.1.2 (without regard to the time limitations thereof and excluding Transfers permitted pursuant to 9.1.2(i)) and shall promptly advise the Company upon completion of any such divestitures.
Current Ownership. As of the date hereof, each Buyer’s (and its Affiliates) ownership of Company securities (including any derivatives), if any, is set forth on Schedule 2(q).
