5% Shareholder definition

5% Shareholder means (i) a Person or group of Persons that is a “5-percent shareholder” of the Company pursuant to Section 1.382-2T(g) of the Treasury Regulations or (ii) a Person that is a “first tier entity” or “higher tier entity” (as such terms are defined in Section 1.382-2T(f) of the Treasury Regulations) of the Company if that Person has a “public group” or individual, or a “higher tier entity” of that Person has a “public group” or individual, that is treated as a “5-percent shareholder” of the Company pursuant to Section 1.382-2T(g) of the Treasury Regulations.

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5% Shareholder means any entity that has, held or beneficially owns 5% or more voting right and right to elect board members in another entity.

5% Shareholder means a Person or group of Persons that is a “5-percent shareholder” of the Company pursuant to Treasury Regulation § 1.382-2T(g).

Examples of 5% Shareholder in a sentence

The Company may, at its option, waive (as to a particular Holder or as to all Holders) any restrictions that limit a Holder from converting its Securities in the event that such Holder or a Related Person (i) is or was a 5% Shareholder with respect to the Company at any time during the Section 382 Testing Period ending on the applicable Conversion Date or (ii) would as a result of the conversion of such Securities become a 5% Shareholder with respect to the Company.
Unless and until this Agreement is terminated pursuant to Section 6.2, no direct or indirect transfers of shares of Common Stock between and among Requesting Persons and their respective Affiliates and Associates shall be permitted if, as a result of any such transfer, any Requesting Person or any of their respective Affiliates and Associates shall become the Beneficial Owner of shares of Common Stock in an amount that would result in such Person being a Section 382 5% Shareholder of the Company.
The Company, at its option, may permit a Holder to convert all or a portion of the Securities of such Holder notwithstanding that such Holder or any of its Related Persons (i) is or was a 5% Shareholder with respect to the Company at any time during the Section 382 Testing Period ending on the applicable Conversion Date or (ii) would as a result of the conversion become a 5% Shareholder with respect to the Company.
Notwithstanding the foregoing, in the event that an effective Shelf Registration Statement or Automatic Shelf Registration Statement is not on file, each 5% Shareholder shall have the right, subject to terms and conditions of this Article III, to submit a Registration Demand pursuant to Section 3.1(c) or a Registration Demand for the Company to file a Shelf Registration.
Parent hereby agrees to provide any relevant data as may be reasonably requested by such Stockholder for the purpose of determining whether such Stockholder or any affiliate would be a 5% Shareholder.

More Definitions of 5% Shareholder

5% Shareholder means any person (other than the Corporation or any Subsidiary) who or which:

5% Shareholder means a holder of Ordinary Shares who holds or is entitled to purchase, directly or indirectly, alone or together with a “relative” thereof, one of the following:

5% Shareholder means (i) a Person or group of Persons that is a “5- percent shareholder” of the Company pursuant to Treasury Regulation Section 1.382-2T(g) (other than any “public group” that results, pursuant to Treasury Regulation Section 1.382-2T(j)(2)(iii), from an Announced Exchange) or (ii) a Person that is a “first tier entity” or “higher tier entity” (as such terms are defined in Treasury Regulation Section 1.382-2T(f)) of the Company if that Person has a “public group” or individual, or a “higher tier entity” of that Person has a “public group” or individual, that is treated as a “5-percent shareholder” of the Company pursuant to Treasury Regulation Section 1.382-2T(g).

5% Shareholder means, with respect to the Company, any Person or group of Persons that is a “5-percent shareholder” within the meaning of Section 382 of the Code and the Treasury regulations promulgated thereunder.

5% Shareholder means a Shareholder whose Aggregate Ownership of Shares (as determined on a Common Equivalents basis) divided by the Aggregate Ownership of Shares (as determined on a Common Equivalents basis) by all Shareholders is 5% or more.

5% Shareholder means any holder of Ironman Common Stock that, following the Effective Time, is a direct or indirect holder of Sun Ordinary Shares who is also a “five-percent transferee shareholder” (within the meaning of Treasury Regulations Section 1.367(a)-3(c)(5)(ii)) of Sun.

5% Shareholder means any person who has beneficial ownership of 5% or more of the Company’s common stock or securities convertible into the Company’s common stock.