Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a) (“Excluded Securities”) shall be subject again to the restrictions set forth in Section 3.3(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(a).
Appears in 7 contracts
Samples: Securityholders Agreement (21st Century Oncology Holdings, Inc.), Securityholders Agreement (PGA Holdings, Inc.), Securityholders Agreement (PGA Holdings, Inc.)
Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a3.2(a) (“"Excluded Securities”") shall be subject again to the restrictions set forth in Section 3.3(a3.2(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a3.2(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(a3.2(a).
Appears in 6 contracts
Samples: Merger Agreement (Vestar Capital Partners Iv Lp), Securityholders Agreement (Mg Waldbaum Co), Securityholders Agreement (Mg Waldbaum Co)
Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a) (“"Excluded Securities”") shall be subject again to the restrictions set forth in Section 3.3(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an any Other Holder under Section 3.3(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders holders in a Transfer subject to Section 3.3(a).
Appears in 3 contracts
Samples: Securityholders Agreement (Refco Inc.), Securityholders Agreement (Westminster-Refco Management LLC), Securityholders Agreement (Refco Information Services, LLC)
Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a3.2(a) (“Excluded Securities”) shall again be subject again to the restrictions set forth in Section 3.3(a3.2(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a3.2(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(a3.2(a).
Appears in 1 contract
Samples: Securityholders Agreement (Transport America, Inc.)
Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a3.2(a) (“Excluded Securities”) shall be subject again to the restrictions set forth in Section 3.3(a3.2(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a3.2(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(a3.2(a).
Appears in 1 contract
Excluded Securities. No Securities Common Shares that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a2.1(a) (“"Excluded Securities”") shall be subject again to the restrictions set forth in Section 3.3(a2.1(a), nor shall any Securityholder Investor holding Excluded Securities be entitled to exercise any rights as an any Other Holder under Section 3.3(a2.1(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders holders in a Transfer subject to Section 3.3(a)2.1(a) .
Appears in 1 contract
Samples: Stockholders Agreement (Refco Inc.)
Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(aSECTION 3.2(a) (“Excluded Securities”"EXCLUDED SECURITIES") shall be subject again to the restrictions set forth in Section 3.3(aSECTION 3.2(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(aSECTION 3.2(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(aSECTION 3.2(a).
Appears in 1 contract
Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a) (“Excluded Securities”) shall be subject again to the restrictions set forth in Section 3.3(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders holders in a Transfer subject to Section 3.3(a).
Appears in 1 contract
