Existing Holders. The parties agree that if, in respect of any person who is, as at the date of this document, a Shareholder, or the holder of Upstream Securities in a Shareholder:
Existing Holders. Please fill in all blanks in the following questions related to your beneficial ownership of the Company’s common stock. Generally, a beneficial owner of a security is a person who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise has or shares either:
Existing Holders. The Rights Agreement provides that any person or entity who otherwise would be an Acquiring Person on the date the Rights Agreement was adopted (each, an “Existing Holder”) will not be deemed to be an “Acquiring Person” for purposes of the Rights Agreement unless such Existing Holder increases its beneficial ownership over such Existing Holder’s lowest percentage of ownership of the Common Stock after the adoption of the Rights Agreement, subject to specified exceptions.
Existing Holders. Xxxxxxx Xxxxx, his spouse and lineal descendants and trusts for the exclusive benefit of any of the foregoing persons and any affiliate of Xxxxxxx Xxxxx.
Existing Holders. The Investor acknowledges that holders of the shares of Common Stock issued and outstanding as of immediately prior to the Closing Date (“Legacy Shareholders”) have certain rights and enjoy certain protections under the Company’s Amended and Restated Certificate of Incorporation, as amended and Bylaws and pursuant to registration rights and other written agreements between certain Legacy Shareholders and the Company.
Existing Holders. The Company agrees that the Existing Holders shall be third party beneficiaries of this Clause 3.
Existing Holders. 60 Section 10.08 Potential Holders............................................................62 Section 10.09
Existing Holders. (a) Prior to the Submission Deadline for each Auction, each Broker-Dealer will contact Existing Holders of the Preferred Securities, by telephone or otherwise, to notify such Existing Holders as to: (i) whether the next Distribution Period is a Short-Term Distribution Period or a Long-Term Distribution Period and the length thereof; (ii) additional Distribution Payment Dates, if any, with respect to a Short-Term Distribution Period of more than 90 days; (iii) the initial Distribution Payment Date, with respect to a Long-Term Distribution Period; and (iv) the Maximum Applicable Rate then in effect; and to determine whether such Existing Holders desire to place Orders. Each Existing Holder, with respect to the Preferred Securities that it then holds, may submit to a Broker-Dealer by telephone or otherwise a:
Existing Holders. As defined in the preamble.
Existing Holders. 1 This sample Stockholders Agreement – Series A Preferred Stock is prepared for use in an early round of financing where a Founder may be given special rights not available to the other non-Investor stockholders. However, this sample Stockholders Agreement – Series A Preferred Stock can be easily be adapted (or amended) for use in both early round common stock financings and in a second or third round financing with a venture capital or private equity fund where the Founder is less likely to be treated differently from the non-Investor stockholders (except to the extent that the Founder also is an Investor). 2 Early round investors often seek to receive warrants to purchase addition shares of Common Stock or Preferred Stock equal to a certain percentage of their investment at an exercise price equal to the Purchase Price (with cashless exercise rights). If such Warrants are issued, the Stockholders Agreement needs include provisions to ensure that any shares of capital stock issued upon exercise of such Warrants are subject to the Stockholders Agreement.
