Examples of Apollo Investor in a sentence
For purposes of this letter, (x) “Investor Sale” means of sale of Shares by an Apollo Investor in connection with or following a Qualified Public Offering, and (y) “Investor Percentage” means the percentage derived by dividing (i) the number of Shares held by all Apollo Investors immediately following the applicable Investor Sale, by (ii) the number of Shares held by all Apollo Investors as of the date hereof (subject to adjustment for stock splits etc.).
Apollo Investor Relations and other investor-facing Covered Persons must be mindful when communicating with investors to ensure they are not providing advice on ways for the investor to avoid FATCA compliance.
Apollo is the investment manager of, and possesses the ability to direct the investments of, each Apollo Investor.
As of the date hereof, no event has occurred which, with or without notice or lapse of time or both, would or would reasonably be expected to constitute a default on the part of any party to such Equity Commitment Letter or a breach or a failure to satisfy a condition precedent on the part of such Apollo Investor under the terms and conditions of such Equity Commitment Letter.
To the Knowledge of such Apollo Investor, no event has occurred which would result in any breach by such Apollo Investor of, or constitute a default by such Apollo Investor under, any term or condition to closing of the Equity Commitment Letter to which it is a party, or otherwise result in any portion of the Financing contemplated thereby to be unavailable or delayed.
There are no fees required to be paid by or on behalf of such Apollo Investor pursuant to the terms of such Equity Commitment Letter.
Upon surrender by the selling Apollo Investor, member of the Apollo Group or Other Investor Affiliate of certificates representing the shares of Series A Preferred that are being converted as part of such Disposition, the Company shall issue to the purchasing Person certificates representing the appropriate number of shares of Common Stock.
In addition to the foregoing, no Apollo Investor shall release or consent to the termination of its Equity Commitment Letter in accordance with the terms of such Equity Commitment Letter prior to the Closing, except with the Company’s prior written consent.
If one or more Apollo Investors desires to sell Shares that, after taking into account all prior sales of Shares by Apollo Investors, represent at least 40% of the outstanding Shares of the Company (disregarding any sale to Affiliates of such Apollo Investor, who shall continue to be subject to the provisions of this Section 9(d)), then such one or more Apollo Investors shall give written notice of such pending sale to all holders of Shares or of a vested portion of an Option issued under the Plan.
Apollo and each Apollo Investor understands that the purchase of the Preferred Stock made pursuant to the Investment Agreement and the agreement to be bound by the provisions hereof involves risk.