Common use of Top-Up Rights Clause in Contracts

Top-Up Rights. During the term of this Agreement, if the Shareholder Group’s Total Ownership Percentage is below the Maximum Ownership Percentage, the Shareholder Group may at its option purchase Voting Securities from time to time in the open market or otherwise in an amount not in excess of the amount that would cause the Shareholder Group’s Total Ownership Percentage to exceed the Maximum Ownership.

Appears in 2 contracts

Samples: Shareholder Agreement (Pepsico Inc), Shareholder Agreement (Pepsiamericas Inc/Il/)

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Top-Up Rights. During the term of this Agreement, if the Shareholder Group’s 's Total Ownership Percentage is below the Maximum Ownership Percentage, the Shareholder Group may at its option purchase Voting Securities from time to time in the open market or otherwise in an amount not in excess of the amount that would cause the Shareholder Group’s 's Total Ownership Percentage to exceed the Maximum OwnershipOwnership Percentage.

Appears in 2 contracts

Samples: Rights Agreement (Heartland Territories Holdings Inc), Rights Agreement (Whitman Corp/New/)

Top-Up Rights. (a) During the term of this Agreement, if the Shareholder Stockholder Group’s Total 's Voting Ownership Percentage is falls below the Maximum Unrestricted Ownership Percentage, the Shareholder Group Stockholder may at its option purchase Voting Securities from time to time in the open market or otherwise in an amount not sufficient in excess of order to restore the amount that would cause the Shareholder Stockholder Group’s Total 's Voting Ownership Percentage to exceed the Maximum OwnershipUnrestricted Ownership Percentage.

Appears in 2 contracts

Samples: Form of Stockholder Agreement (Public Service Co of New Mexico), Form of Stockholder Agreement (Western Resources Inc /Ks)

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Top-Up Rights. (a) During the term of this Agreement, (i) if the Shareholder Stockholder Group’s Total 's Voting Ownership Percentage is falls below the Maximum Unrestricted Ownership Percentage, the Shareholder Group Stockholder may at its option purchase Voting Securities from time to time in the open market or otherwise in an amount not sufficient in excess of order to restore the amount that would cause the Shareholder Stockholder Group’s Total 's Voting Ownership Percentage to exceed the Maximum OwnershipUnrestricted Ownership Percentage.

Appears in 1 contract

Samples: Stockholder Agreement (Westar Industries Inc)

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