Additional Major Holder means, from and after the date hereof, with the prior written consent of each of Solus, SDIC and each Holder that becomes an “Additional Major Holder” from and after the date hereof, if applicable, any Holder who is a party to this Agreement and was a party to this Agreement as of the Effective Date and who at any time owns greater than fifteen percent (15%) of the Fully Diluted Common Shares; provided, that the prior written consent of Solus and SDIC and each Additional Major Holder, if applicable, shall automatically be deemed to have been given if such Holder owns greater than fifteen percent (15%) of the Fully Diluted Common Shares unless (x) such Holder (including any Affiliates and Affiliated Funds thereof) owns, or later acquires, an aggregate three percent (3%) or more of the outstanding Equity Interests or voting rights in respect of any Company Competitor or possesses appointment or similar rights with respect to any Company Competitor’s board of directors, board of managers or similar governing body and, thereafter, (y) the Company determines in good faith, based on consultation with outside antitrust counsel, that such Holder becoming an Additional Major Holder (including, for the avoidance of doubt, receiving the Director Designation Rights) could reasonably be expected to create an adverse antitrust issue for the Company, including, for the avoidance of doubt, the Company’s ability to pursue business combinations.
Additional Major Holder means, from and after the Effective Date, except as otherwise provided below, with the prior written consent of each then existing Major Holder, any Holder who is a party to this Agreement who at any time owns greater than 12.5% of the Fully Diluted Common Shares; provided, that the prior written consent of the then existing Major Holders shall automatically be deemed to have been given if such Holder owns greater than 12.5% of the Fully Diluted Common Shares unless such Holder (including any Affiliates and Affiliated Funds thereof (other than any such Affiliate or Affiliated Fund that is separated from such Holder by an effective information wall)) owns an aggregate three percent (3%) or more of the outstanding Equity Interests or voting rights in respect of any Company Adverse Person, possesses any appointment or similar rights with respect to any Company Adverse Person’s board of directors, board of managers or similar governing body, or possesses any veto or similar rights over any of such Company Adverse Person’s actions (collectively, any such interests and/or rights referred to in this proviso, a “Disqualifying Interest in a Company Adverse Person”).