Existing Ownership. The Focus Investor does not legally or beneficially own or control, directly or indirectly, any shares, convertible debt or any securities convertible into or exercisable or exchangeable for, or any rights, warrants or options to acquire, any shares or convertible debt in the Company, or have any agreement, understanding or arrangement to acquire any of the foregoing, except with respect to such Purchased Shares as to be purchased by the Focus Investor pursuant to the transactions contemplated herein.
Existing Ownership. The Investor does not legally or Beneficially Own or control, directly or indirectly, any shares, convertible debt or any securities convertible into or exercisable or exchangeable for, or any rights, warrants or options to acquire, any shares or convertible debt in the Company, or have any agreement, understanding or arrangement to acquire any of the foregoing, except with respect to such Purchased Shares as to be purchased by the Investor pursuant to the transactions contemplated herein.
Existing Ownership. Neither Seller legally or beneficially owns or controls, directly or indirectly, any shares, convertible debt or any securities convertible into or exercisable or exchangeable for, or any rights, warrants or options to acquire, any shares or convertible debt in Buyer, or has any agreement, understanding or arrangement to acquire any of the foregoing, except with respect to Buyer Shares as to be issued to Sellers pursuant to the transactions contemplated herein.
Existing Ownership. No Shareholder legally or beneficially owns or controls, directly or indirectly, any shares, convertible debt or any securities convertible into or exercisable or exchangeable for, or any rights, warrants or options to acquire, any shares or convertible debt in Parent, or has any agreement, understanding or arrangement to acquire any of the foregoing, except with respect to Parent Shares as to be issued to Shareholders pursuant to the transactions contemplated herein.
Existing Ownership. Except as disclosed in writing to the Company prior to the date of this Agreement, such Investor does not legally or Beneficially Own or control, directly or indirectly, any shares, convertible debt or any securities convertible into or exercisable or exchangeable for, or any rights, warrants or options to acquire, any shares or convertible debt in the Company, or have any agreement, understanding or arrangement to acquire any of the foregoing, except with respect to (i) such Investor Notes as to be purchased by such Investor pursuant to the transactions contemplated herein, (ii) any other agreement such Investor or any of its Affiliate entered into with the Company on or prior to the date hereof, or (iii) any such interest disclosed to the Company in writing on or prior to the date hereof.
Existing Ownership. As of the date hereof, the Investor does not beneficially own or have control or direction over, directly or indirectly, any Common Shares.
Existing Ownership. Except as set forth on Schedule 2.2(h), such Investor does not legally or Beneficially Own or control, directly or indirectly, any shares, convertible debt or any securities convertible into or exercisable or exchangeable for, or any rights, warrants or options to acquire, any shares or convertible debt in the Company, or have any agreement, understanding or arrangement to acquire any of the foregoing, except with respect to such Purchased Shares as to be purchased by such Investor pursuant to the transactions contemplated herein.
Existing Ownership. Such Purchaser does not own 5% or more of the outstanding Common Units of the Partnership.
Existing Ownership. Borrowers shall not without the prior express written consent of Lender (i) issue any capital stock, (ii) cancel any authorized stock, or (iii) alter existing shareholder structure, or take any other action, so as to further or cause an ownership change within the meaning of section 382 of the Internal Revenue Code. Upon acquiring information or knowledge that any person or entity may take action to become a “5% shareholder” within the meaning of section 382 of the Internal Revenue Code, Borrowers shall immediately advise Lender of such circumstance, shall consult in good faith with Lender as to any commercially reasonable actions that Borrowers may take to prevent such person or entity becoming a “5% shareholder,” and shall take any and all such commercially reasonable actions mutually agreed upon with Lender.
