Affiliated Successor definition

Affiliated Successor means, with respect to any Person, an Affiliate -------------------- thereof that is a transferee or a successor in interest to any or all of such Person's Company Stock and that is required to become a party to this Agreement in accordance with the terms hereof; provided, however, that, for purposes of -------- ------- Section 4, with respect to any Cash Equity Investor, "Affiliated Successor" shall also include partners, limited partners or members of a Cash Equity Investor that are transferees of Series C Preferred Stock or Common Stock pursuant to distributions in accordance with the partnership agreement or operating agreement of such Cash Equity Investor.

Affiliated Successor shall have the meaning provided in Section 3.3(a).

Affiliated Successor means, with respect to any Person, an Affiliate thereof that is a transferee or a successor in interest to any or all of such Person's Company Stock and that is required to become a party to this Agreement in accordance with the terms hereof; PROVIDED, HOWEVER, that, for purposes of Section 4, with respect to any Cash Equity Investor, "Affiliated Successor" shall also include partners, limited partners or members of a Cash Equity Investor that are transferees of Preferred Stock or Common Stock pursuant to distributions in accordance with the partnership agreement or operating agreement of such Cash Equity Investor.

Examples of Affiliated Successor in a sentence

• Any company that succeeds by purchase, merger, or consolidation to the gas properties of Transporter or of Shipper substantially as an entirety, and any Affiliated Successor in Interest that acquires from Transporter the properties of Transporter used in interstate commerce in rendering service to Shipper, shall be entitled to the rights and shall be subject to the obligations of its predecessor in title under the Service Agreement.

• Shipper, Transporter, and their successors may assign or pledge the Service Agreement under the provisions or any mortgage, deed of trust, indenture or similar instrument that it has executed or may execute hereafter; provided, however, that such mortgage, deed of trust, indenture or similar instrument shall cover the properties of such party as an entirety unless such party is an Affiliated Successor in Interest as described above.

• Shipper, Transporter, and their successors may assign or pledge the Service Agreement under the provisions of any mortgage, deed of trust, indenture or similar instrument that it has executed or may execute hereafter; provided, however, that such mortgage, deed of trust, indenture or similar instrument shall cover the properties of such party as an entirety unless such party is an Affiliated Successor in Interest as described above.

• Any company that succeeds by purchase, merger, or consolidation to the gas properties of Seller or of Customer substantially as an entirety, and any Affiliated Successor in Interest that acquires from Seller the properties of Seller used in interstate commerce in rendering service to Customer, shall be entitled to the rights and shall be subject to the obligations of its predecessor in title under the Service Agreement.

• As used herein, the term "Affiliated Successor" shall mean a successor entity to the Corporation (whether by merger, consolidation, reorganization, or otherwise) in which the Onex Group owns at least the same percentage of the fully-diluted common stock of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as the Onex Group owns of the Fully-Diluted Common Stock of the Corporation.

More Definitions of Affiliated Successor

Affiliated Successor shall have the meaning provided in Section 4.1 hereof.

Affiliated Successor means a successor entity to the Company (whether by merger, consolidation, reorganization, or otherwise) in which HMTF owns at least the same percentage of the fully-diluted common stock of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as HMTF owns of the Fully-Diluted Common Stock of the Company. If any such Holder fails to accept such offer by written notice fifteen days after its receipt of the Offer Notice, the Company or such Affiliated Successor may proceed with the proposed issue or sale of the Offered Securities, free of any right on the part of any Holder under this Section 4.1.1 in respect thereof.

Affiliated Successor means a successor entity to the Corporation (whether by merger, consolidation, reorganization, or otherwise) in which the Onex Group owns at least the same percentage of the fully-diluted common stock or similar equity interest of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as the Onex Group owns of the Fully-Diluted Common Stock of the Corporation immediately prior to the transaction establishing the Affiliated Successor. Notwithstanding the foregoing, as a condition to any Qualified Foreign Stockholder’s right to participate in any Preemptive Rights Offer, (i) such Qualified Foreign Stockholder shall make such undertakings to the Corporation as required to comply with the requirements of Regulation S, and (ii) such Qualified Accredited Offeree shall enter into customary subscription documentation sufficient to ensure compliance with applicable securities laws.

Affiliated Successor means a successor entity to the Company (whether by merger, consolidation, reorganization, or otherwise) in which the HMC Group owns at least the same percentage of the fully-diluted common stock of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as the HMC Group owns of the Fully-Diluted Common Stock of the Company. If any such Holder fails to accept such offer by written notice fifteen days after its receipt of the Offer Notice, the Company or such Affiliated Successor may proceed

Affiliated Successor means a successor entity to the Corporation (whether by merger, consolidation, reorganization, or otherwise) in which the Onex Group owns at least the same percentage of the fully-diluted common stock of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as the Onex Group owns of the Fully-Diluted Common Stock of the Corporation.

Affiliated Successor shall have the meaning set forth in Section 3.1 hereof.

Affiliated Successor means a successor entity to the Company (whether by merger, amalgamation consolidation, reorganization, or otherwise) in which the Holders own (as a group) at least the same percentage of the fully-diluted common stock of such entity (after giving effect to the merger, amalgamation, consolidation, reorganization, or other transaction) as the Holders own (as a group) of the Fully-Diluted Common Shares of the Company, excluding, for the purposes of such calculation, any Common Shares issuable upon exercise of any Common Share Equivalents granted pursuant to any employee, officer or director share option or share purchase plan, benefit plan or arrangement.