Buyer’s Equity definition

Buyer’s Equity has the meaning set forth in Section 5.10.] “Capital Account” has the meaning set forth in Section 3.08. “Capital Contributions” means, with respect to any Member, the aggregate amount of cash and the Gross Asset Value of any property (other than cash) contributed to the Company by such Member (or its predecessors in interest) with respect to the Units held by such Member. “Certificate” means the Certificate of Formation as filed with the Secretary of State of the State of Delaware pursuant to the Act as set forth in the Recitals, as it may be amended or restated from time to time. “Class C Common Holders” means each Member, Additional Member or Substitute Member, in each case, who holds Class C Common Units (for so long as such Person holds Class C Common Units). If a Class C Common Holder holds different classes of Units, then such Class C Common Holder shall be treated as a Class C Common Holder only with respect to its Class C Common Units. “Class C Common Rights Holder” means each Class C Common Holder and each Class C-1 Common Holder. “Class C Common Units” has the meaning set forth in Section 3.03(d). “Class C-1 Common Holders” means each Member, Additional Member or Substitute Member, in each case, who holds Class C-1 Common Units (for so long as such Person holds Class C-1 Common Units). If a Class C-1 Common Holder holds different classes of Units, then such Class C-1 Common Holder shall be treated as a Class C-1 Common Holder only with respect to its Class C-1 Common Units. “Class C-1 Common Units” has the meaning set forth in Section 3.03(d). “Class C Holders” means the Class C PI Holders, the Class C Common Holders and the Class C-1 Common Holders. “Class C PI Holders” means each Member, Additional Member or Substitute Member, in each case, who holds Class C Profits Interests (for so long as such Person holds Class C Profits Interests). If a Class C Holder holds different classes of Units, then such Class C Holder shall be treated as a Class C Holder only with respect to its Class C Profits Interests.
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Buyer’s Equity means the same form of preferred stock, common stock and other equity securities (or securities convertible into or exercisable for such equity securities) issued in the Qualified Financing and shall be valued for this purpose at the valuation used in connection with the Qualified Financing. Nothing in this Agreement shall prevent the Seller from increasing its percentage ownership of the Buyer’s Equity after the Qualified Financing [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. through the purchase of additional Buyer’s Equity in future rounds of financing or through future investments in the Buyer.
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Buyer’s Equity has the meaning specified in Section 2.05 of this Agreement.
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Examples of Buyer’s Equity in a sentence

  • No holder of any of Buyer’s Equity Securities has rights to register any securities of Buyer as a result of the consummation of the transactions contemplated hereby, except for rights that have been duly waived by such holder, have expired or have been fulfilled by registration prior to the date of this Agreement.

  • All of Buyer’s Equity Interests are duly authorized, validly issued, and not subject to or issued in violation of any purchase option, call option, right of first refusal, preemptive right, subscription right or similar right.

  • If agreed by the parties hereto, Buyer’s Equity Repo Account may also hold Purchased Securities that are not Equity Securities.

  • There are no accrued and unpaid dividends with respect to Buyer’s Equity Interests.

  • Upon execution of this Annex, Custodian shall establish and maintain a separate Buyer’s Account for Transactions involving Equity Securities (hereinafter referred to as a “Buyer’s Equity Repo Account”) and shall perform its duties under the Custodial Undertaking with respect to such Buyer’s Equity Repo Account separately from any other Buyer’s Account.

  • There are no voting trusts, proxies or other agreements or understandings with respect to the voting of any Buyer’s Equity Interests or any other equity interests of Buyer.

  • Effective on the Initial Closing Date, BSX contributed to the Buyer’s capital, in exchange for all of the Buyer’s Equity Interests all of BSX’s Receivables existing as of the Initial Cutoff Date and all Related Security and proceeds with respect thereto (such Receivables, the “Initial Contributed Receivables”).

  • There are no Actions pending or, to Buyer’s knowledge, threatened against Buyer or any Affiliate of Buyer that challenge or seek to prevent, enjoin or otherwise delay the transactions contemplated by this Agreement or that could reasonably be expected to adversely affect the success of Buyer’s Equity Financing.

  • The Buyer shall make available at Closing, a sufficient number of restricted shares of Buyer Common Stock and/or options for shares of Buyer Common Stock, which shall be issued to the Company’s management under the Buyer’s Equity and Incentive Award Plan.

  • In no event shall M&M or the Shareholder incur any liabilities for any Taxes, fees or costs owed by Buyer due to the sale or private placement of Buyer’s Equity Securities.