Applicable Ownership Percentage definition

Applicable Ownership Percentage means (i) for each Unencumbered Asset owned by the Borrower or a wholly owned Subsidiary (direct or indirect) of the Borrower, 100% and (ii) for each Unencumbered Asset owned by a Subsidiary of the Borrower that is not wholly owned (directly or indirectly) by the Borrower, the greater of (a) the Borrower’s relative nominal direct and indirect ownership interest (expressed as a percentage) in such Subsidiary or (b) the Borrower’s relative direct and indirect economic interest (calculated as a percentage) in such Subsidiary, in each case determined in accordance with the applicable provisions of the declaration of trust, articles or certificate of incorporation, articles of organization, partnership agreement, joint venture agreement or other applicable organizational document of such Subsidiary Guarantor.

Applicable Ownership Percentage means with respect to each Seller, a percentage equivalent of a fraction, the numerator of which is the number of shares of the Company held by such Seller immediately prior to the Closing (but excluding all Rollover Shares held by such Seller) and the denominator of which is the total number of shares of the Company outstanding immediately prior to the Closing.

Applicable Ownership Percentage means, with respect to a Stockholder, the ratio of the number of Applicable Shares held by the Stockholder to the total of all then issued and outstanding Applicable Shares, expressed as a percentage.

Examples of Applicable Ownership Percentage in a sentence

• At the Second Closing, Buyer shall pay in immediately available funds by wire transfer the Second Closing Preliminary Purchase Price (in proportion to such Seller’s Applicable Ownership Percentage) to an account or accounts that have been designated by each Seller to Buyer in writing at least two (2) Business Days prior to the Second Closing (such Second Closing Preliminary Purchase Price, as adjusted in accordance with Section 2.4, shall be the “Second Closing Purchase Price”).

• Notwithstanding anything herein to the contrary, any and all Transfer Taxes imposed as a result of the transactions contemplated by this Agreement shall be borne by Sellers (in proportion to their Applicable Ownership Percentage).

• If the aggregate Applicable Ownership Percentage of Traxys and MP (together with their Specified Transferees) falls below five percent (5%), the Director nominated by Traxys shall be deemed immediately to have been removed from the Board and the number of directors shall be decreased by one (1).

• If the Applicable Ownership Percentage of Pegasus (together with its Specified Transferees) falls below ten percent (10%), the Director nominated by Pegasus shall be deemed immediately to have been removed from the Board and the number of directors shall be decreased by one (1).

• This Agreement may be terminated and the TFC Merger, the RBB Bancorp Merger and the RBB Merger may be abandoned: (a) Mutual Consent.

More Definitions of Applicable Ownership Percentage

Applicable Ownership Percentage means (i) for each Unencumbered Asset owned by the Borrower or a wholly owned Subsidiary (direct or indirect) of the Borrower, 100% and (ii) for each Unencumbered Asset owned by a Subsidiary of the Borrower that is not wholly owned (directly or indirectly) by the Borrower, the greater of

Applicable Ownership Percentage at any time, means the number of shares of Common Stock equal to the product of (a) a fraction, the numerator of which is the Warrant Share Number in effect at such time, and the denominator of which is the aggregate number of shares of Common Stock which are issuable upon exercise of all Credit Agreement Warrants (including without limitation this Warrant) at such time (without regard to any limitations on exercise herein or elsewhere and without regard to whether a sufficient number of shares of Common Stock are authorized and reserved to effect any such exercise and issuance) and (b) a number of shares of Common Stock equal to [•]% of all Common Stock outstanding at such time, on a fully-diluted basis.

Applicable Ownership Percentage means (i) with respect to Con Ed, fifty percent (50%), and (ii) with respect to Crestwood, fifty percent (50%).

Applicable Ownership Percentage means, with respect to a Shareholder, the ratio of the number of Shares held by the Shareholder to the total of all then issued and outstanding Shares, expressed as a percentage.

Applicable Ownership Percentage means, with respect to each Company Subsidiary or Unconsolidated Joint Venture, as applicable, the percentage of its outstanding common shares, limited liability or partnership interests or other equity interests, as applicable, that are directly or indirectly held by the Company.

Applicable Ownership Percentage means, at the time of determination, the sum of (i) the percentage of the total ownership interest of Duke/UAE Ref-Fuel (or any other Affiliate succeeding to MSW's indirect interest in ARC and its Subsidiaries) held by MSW plus, without duplication, (ii) in the event that MSW and its Affiliates control 100% of the membership interests in Duke/UAE Ref-Fuel and either MSW incurs ARC Acquisition Indebtedness or Duke/UAE Ref-Fuel becomes a Subsidiary of MSW, the percentage of the total ownership interest of Duke/UAE Ref-Fuel (or any other Affiliate succeeding to Duke/UAE Ref-Fuel's interest in ARC and its Subsidiaries) in ARC and its Subsidiaries owned by Affiliates of MSW.

Applicable Ownership Percentage means 100%.