Examples of Cerberus Entities in a sentence
Stephen Feinberg possesses sole power to vote and direct the disposition of all Shares held (directly or indirectly) by the Cerberus Entities.
Upon the terms and subject to the conditions set forth in this Agreement, JCF shall transfer the Profits Interest free and clear of all Liens (other than Liens which either of the Cerberus Entities or any of their Affiliates may have) to the Purchaser on the Closing Date in consideration of the Purchaser's payment of the Profits Interest Price.
The Cerberus Entities shall have entered into the Stockholders Agreement and, simultaneously with the Closing, shall have consummated the issuance and sale of shares pursuant to the terms of the Restricted Shares Purchase Agreement.
For the avoidance of doubt, nothing in this Section 10.10 shall qualify or limit the release of (a) the SEO Released Parties or the Trust Parties, whose release is as set forth in the SEO Settlement Agreement, or (b) the Cerberus Entities, whose release is set forth in the Cerberus Settlement Agreement.
Other than the transactions described in this Schedule 13D, as amended, during the sixty (60) days on or prior to August 6, 2007, there were no transactions in Shares, or securities convertible into, exercisable for or exchangeable for Shares, by Mr. Feinberg or the Cerberus Entities or any person or entity controlled by them or any person or entity for which they possess voting or investment control over the securities thereof.
As of August 6, 2007, each of Fern S.a.r.l. ("Fern I"), Fern II S.a.r.l. ("Fern II"), Fern III S.a.r.l. ("Fern III") and Fern IV S.a.r.l. ("Fern IV," and collectively with Fern I, Fern II and Fern III, the "Shareholders," and collectively with CCM, the Funds and Accounts and the Bermuda Parents, the "Cerberus Entities") was wholly-owned by Holdings I, Holdings II, Holdings III and Holdings IV, respectively.
No representation or warranty contained in this Agreement, and no statement contained in any certificate, list or other writing furnished by Purchaser, the Cerberus Entities or Parent to Sellers pursuant to any provision of this Agreement, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements herein or therein, in the light of the circumstances under which they were made, not misleading.
The Profits Interest is not subject to any Liens except for the Required Consents, the Profits Interest Consent and any other Liens which either of the Cerberus Entities or any of their Affiliates may have.
In exchange for consenting to the terms of the Injunction Regarding Worthless Stock Deduction in Section 10.7 of this Plan, and a payment on the Settlement Effective Date (as defined in the Cerberus Settlement Agreement) by Cerberus to the Litigation Trust of $3.7 million as part of the Litigation Trust Funding, the Committee Litigation Claims shall exclude any and all claims and Causes of Action against the Cerberus Entities, each of which shall be a Releasee under this Plan.
This Limited Liability Company Operating Agreement (the "Agreement"), dated [_____], 2003, is made and entered into by B III-A Capital Partners, L.P. and B IV Capital Partners, L.P. (collectively, "DDJ"), [Insert Cerberus Entities that will be Members] (collectively, "Cerberus").