Investors' Rights. (i) If for any reason the Company does not elect to purchase all of the Executive Units pursuant to the Repurchase Option prior to the 180th day following the Termination Date, the Investors will be entitled to exercise the Repurchase Option, in the manner set forth in this Section 3, for the Executive Units the Company has not elected to purchase (the "Available Units"). As soon as practicable, but in any event within thirty (30) days after the Company determines that there will be any Available Units, the Company will deliver written notice (the "Option Notice") to the Investors setting forth the number of Available Units and the price for each Available Unit.
Investors' Rights. (i) If for any reason Holdings and/or ACR Management does not elect to purchase all of the Executive Units pursuant to the Repurchase Option prior to the 180th day following the Termination Date, Bain/ACR will be entitled to exercise the Repurchase Option, in the manner set forth in this Section 3, for the Executive Units Holdings and/or ACR Management has not elected to purchase (the "Available Units"). As soon as practicable, --------------- but in any event within thirty (30) days after Holdings determines that there will be any Available Units, Holdings or ACR Management will deliver written notice (the "Option Notice") to Bain/ACR setting forth the number ------------- of Available Units and the price for each Available Unit.
Investors' Rights. Any rights of the Investor under this Agreement may, without prejudice to the rights of the Investor to exercise any such rights, be exercised by any fund manager of the Investor or its nominees, unless the Investor has (i) given notice to the other parties that any such rights cannot be exercised by such fund manager or nominee; and (ii) not given notice to the other parties that such notice which is given under this Section 9.19 has been revoked.
Investors' Rights. Notwithstanding anything to the contrary in the foregoing, the Investors shall be entitled to such information, privileges, rights and benefits accorded to them as holders of the Preferred Shares under applicable law and under the Company's Restated Articles of Incorporation, as amended, and By-laws.
Investors' Rights. For purposes of this Agreement, all actions which the Investors or members of the Investor Group are permitted to take shall be effected by the Investors or such members, as the case may be, holding a majority of the Purchased Securities then held by all the Investors or such members, as the case may be. In addition, the rights of the Investors under this Agreement shall be allocated among them in such manner as they shall agree from time to time. Notwithstanding the foregoing, the parties hereto acknowledge and agree that, for so long as the Investor Group has the right to nominate two or more Investor Designated Directors, Yucaipa American Alliance Fund I, L.P. and Yucaipa American Alliance (Parallel) Fund I, L.P. shall each be entitled to designate one of such Investor Designated Directors and to fill any vacancies created if such director designated by it ceases to serve for any reason, and any additional Investor Designated Directors shall be designated by the members of the Investor Group holding a majority of the Purchased Securities then held by all of such members.
Investors' Rights. (i) If for any reason the Company does not elect to purchase all of the Eligible Stock or the Available Stock, as the case may be, prior to the 90th day following the Termination Date, Sentinel and then in certain circumstances, each Investor will be entitled to exercise the Repurchase Option, in the manner set forth in Section 3(d), for the Eligible Stock or the Available Stock, as the case may be, that the Company has not elected to purchase (the "Available Shares"). As soon as practicable but in any event within thirty (30) days after the Company determines that there will be Available Shares, the Company will deliver written notice (the "Option Notice") to all Investors setting forth the number of Available Shares and the price for each Available Share.
Investors' Rights. 10.1 For so long as there is no Investor Director nominated by a particular Investor holding office and that Investor (together with its Permitted Transferees) holds the Investor Minimum Percentage (or for so long as a notification from that Investor under Clause 10.2 is in force) the requirements under this Agreement to obtain the consent or approval or comply with the directions or requests of, or provide documents, notices or other information to, the Investor Director nominated by that Investor, shall be replaced by a requirement to obtain such consents or approvals, or comply with the directions or requests of, or provide such documents notices or other information to, that Investor or such person as that Investor shall nominate by notice to the Company.
Investors' Rights. (i) If for any reason the Company and/or the General Partner does not elect to purchase all of the Executive Units pursuant to the Repurchase Option prior to the 180th day following the Termination Date, the Investor will be entitled to exercise the Repurchase Option, in the manner set forth in this Section 2, for the Executive Units the Company and/or the General Partner has not elected to purchase (the "Available --------- Units"). As soon as practicable, but in any event within thirty (30) days ----- after the Company determines that there will be any Available Units, the Company or General Partner will deliver written notice (the "Option ------ Notice") to the Investor setting forth the number of Available Units and ------ the price for each Available Unit.
Investors' Rights. The Company and each of the Investors will ----------------- have executed and delivered an Investors' Rights Agreement in the form of Exhibit D attached hereto. ---------
Investors' Rights. If the Other Investor does not fully exercise its right of first offer pursuant to Section 2(b) hereof, such Other Investor shall have a right of co-sale with respect to the sale of any Common Stock owned by the Transferring Investor, all on the terms and conditions set forth in this Section 3.
