Examples of Bain Stockholders in a sentence
The other parties hereto shall be entitled to rely upon any such action by the Bain Stockholder Representative as the act of the Bain Stockholders.
This Agreement is intended to bind -------------------------------- and inure to the benefit of and be enforceable by the Company, the Bain Stockholders, the Bear Xxxxxxx Stockholders, the Executive Stockholders and their respective successors and assigns; provided that the Executive Stockholders may not assign any of their rights hereunder without the written consent of the Bain Stockholders.
As of the Effective Time, the Board of Directors will be reconstituted as follows: the Trust shall have the right to designate four individuals to serve on the Board of Directors (each, a "TRUST NOMINEE") and the Bain Stockholders shall have the right to designate two individuals to serve on the Board of Directors (each, a "BAIN NOMINEE") (any individual so designated by the Trust or the Bain Stockholders, a "Nominee").
If any shares of any class of Consultant Stock are held by any transferees of Consultant, the Bain Stockholders, the Bear Xxxxxxx Stockholders and the Company, as the case may be, will purchase such shares of such class elected to be purchased from such holder(s) of Consultant Stock, pro rata according to the number of shares of such class of Consultant Stock held by such holder(s) at the time of delivery of such Repurchase Notice (determined as nearly as practicable to the nearest share).
The parties hereto agree and acknowledge that money damages would not be an adequate remedy for any breach of the provisions of this Agreement and that the Bain Stockholders and the MDP Stockholders, respectively, may in their sole discretion apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive relief (without posting a bond or other security) in order to enforce or prevent any violation of the provisions of this Agreement.
Any rights granted to the Bain Stockholders, the Bear Stearns Stockholders and their Affiliates hereunder may also be exercised (in whole or in part) by their designees (which may be Affiliates).
Rights Granted to the Bain Stockholders, the Bear Stearns Stockholders and their Affiliates.
For purposes hereof, "Bain Stockholders" shall mean Xxxx Capital Fund VI, L.P., BCIP Trust Associates II, BCIP Trust Associates II-B, BCIP Associates II-B, BCIP Associates, and BCIP Associates II-C, PEP Investments PTY Limited., Xxxxxxxx Street Partners II and Xxxxxxxx Street Partners 1998 DIF, L.L.C.
In the event that the Bain Stockholders deliver a notice of revocation, the Bear Xxxxxxx Stockholders shall be entitled to purchase all or any portion of the Consultant Stock that would otherwise have been purchased by the Bain Stockholders by providing an additional Supplemental Repurchase Notice to the holders of the Consultant Stock and the Company within 10 business days after receipt of the Bain Stockholders' notice of revocation.
Such notices, demands and other communications will be sent to the Bain Stockholders and the MDP Stockholders at the respective addresses indicated below: If to the Bain Stockholders: c/o Bain Capital, Inc.