Examples of Avista Investors in a sentence
Notwithstanding the foregoing, following an Initial Public Offering and to the extent that the Avista Investors hold, in the aggregate, at least 10% of the outstanding Shares, the Company shall not amend, modify or waive the requirements of Section 3(c) hereof without the prior written consent of the Avista Investors.
Upon the termination of the Grantee’s Service, the Grantee or his or her Permitted Transferees shall have the right to exercise the Put Right following such termination due to his or her death or Disability, and the Company, or any Avista Investors designated thereby, shall have the right to exercise the Call Right following such termination for any reason, in each case, pursuant to the terms and conditions set forth in the Employee Shareholders’ Agreement.
The Company may assign all or a portion of the Call Right to the Avista Investors or Fidelity Investors on a pro rata basis (based on their respective ownership on an as-converted basis of Shares).
If the Call Right is assigned, the Avista Investors and Fidelity Investors shall have the rights and benefits granted to the Company in this Section 3.5.
Notwithstanding the foregoing, following an Initial Public Offering and to the extent that the Avista Investors hold, in the aggregate, at least 20% of the outstanding Shares, the Company shall not amend, modify or waive the requirements of Section 3(c) hereof without the prior written consent of the Avista Investors.
The Avista Directors shall not be entitled to designate any Avista Directors in accordance with this Section 2.1 if at any time the Avista Investors beneficially own in the aggregate less than seven and one-half percent (7.5%) of all issued and outstanding shares of Common Stock.
If the Avista Investors fail to notify the Company which of the Avista Director(s) shall be removed, the Board shall be authorized to remove such Avista Director(s) with the shortest remaining term as a Director on the Board.
The Lords agree to the consequential Amendment to the Constitutional Reform and Governance Bill which the Commons have proposed.
As of the Effective Date and subject to this Section 2.1, the Avista Investors shall be entitled to designate for nomination by the Board upon the recommendation of the Nominating and Corporate Governance Committee pursuant to Section 2.3, up to three (3) Directors from time to time as set forth below (any individual designated by the Avista Investors, an “Avista Director”).
The Company shall take all Necessary Action to cause the removal without cause of any such Avista Director at the request of the Avista Investors.