Relationship with Xxxxxxx Xxxxx. Neither Customer nor any shareholder or other Person that controls Customer is (i) an executive officer or director of Xxxxxxx Xxxxx & Co., Inc. or any of its subsidiaries, or (ii) a holder of more than 10% of any class of voting securities of Xxxxxxx Xxxxx & Co., Inc. or any of its subsidiaries. For purposes of this representation, "control" means the power to vote 25% or more of any class of voting securities; the ability to control the election of a majority of directors; or the power to exercise a controlling influence over management policies.
Appears in 3 contracts
Samples: Term Loan and Security Agreement (Pac-West Telecomm Inc), Term Loan and Security Agreement (Pac-West Telecomm Inc), Term Loan and Security Agreement (Pioneer Drilling Co)
Relationship with Xxxxxxx Xxxxx. Neither Customer nor any shareholder or other Person that controls Customer is (i) an executive officer or director of Xxxxxxx Xxxxx & Co., Inc. or any of its subsidiaries, or (ii) a holder of more than 10% of any class of voting securities of Xxxxxxx Xxxxx & Co., Inc. or any of its subsidiaries. For purposes of this representation, "βcontrol" β means the power to vote 25% or more of any class of voting securities; the ability to control the election of a majority of directors; or the power to exercise a controlling influence over management policies.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Pac-West Telecomm Inc), Term Loan and Security Agreement (Pac-West Telecomm Inc)