Contributing Investor definition

Contributing Investor means an Investor who either (a) submits a Ballot voting to accept the Plan and does not opt out of the Contributing Investor Settlement on their Class 5 Ballot, or (b) does not submit a Ballot on or before the Voting Deadline. Contributing Investors shall not include any Investor that (a) votes to reject the Plan, (b) opts out of the Contributing Investor Settlement on their Class 5 Ballot, (c) objects to confirmation of the Plan, or (d) is an Excluded Party. Plan.
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Contributing Investor shall have the meaning set forth in Section 6.16(b).
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Contributing Investor has the meaning ascribed thereto at subsection 12.3;
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Examples of Contributing Investor in a sentence

  • In the event that the Contributing Investors determine following the date hereof that any amounts set forth on Schedule I (including the number of Exchange Shares issued to each Contributing Investor) should be adjusted, amended or revised in order to account for or reflect the finally determined and agreed upon allocation or number of Exchange Shares, then this Agreement and Schedule I may be so amended, modified or revised by either the Contributing Investors without the consent or approval of OSH Inc.

  • Solely with respect to Holdings, each Demand Holder, each Xxxxxx Investor, the Juggernaut Investor, Centerview and each Contributing Investor, if any provisions of this Agreement at any time shall conflict with the provisions of the LP Agreement, then the terms of the LP Agreement shall prevail.

  • Upon receipt by the Company of a Request Notice to effect a Demand Registration the Company shall within ten (10) Business Days after the receipt of the Request Notice, notify each other Demand Holder and each Contributing Investor of such request and such other Demand Holder and Contributing Investors shall have the option to include its Registrable Shares in such Demand Registration pursuant to this Section 2.02.

  • By: /s/ Xxxxx X’Xxxxx Name: Xxxxx X’Xxxxx Its: Attorney-in-Fact QSP OSH HOLDINGS LLC By: /s/ Xxxxx X’Xxxxx Name: Xxxxx X’Xxxxx Its: Attorney-in-Fact Schedule I Contributing Investor Contributed Interests Exchange Shares Quantum Strategic Partners Ltd.

  • Prior to any such Coordination Transfer, any Demand Holder or Contributing Investor (the “Notifying Holder”) shall provide the other Demand Holders and Contributing Investors with at least three (3) Business Days’ prior written notice (a “Coordination Notice”) of the Notifying Holder’s intention to Transfer Registrable Shares held by it in a Covered Sale.

  • In addition, the obligations under this Section 2.09(a) shall not apply to any sales made by a Contributing Investor pursuant to Rule 10b5-1 Plans in effect prior to such Lock-Up Period, subject to customary exceptions as requested by the underwriters.

  • The Final Contributing Investor shall have seven (7) days from the receipt of the notice mentioned above to notify the Corporation of its intent to exercise its option to advance the Final NonContributing Investor's Proportion, failing which the Final Contributing Investor shall be deemed to have waived its option to advance the Final Non-Contributing Investor's Proportion.

  • In the event that any Demand Holder or Contributing Investor agrees to forego its full Pro Rata Portion of any Covered Sale by written notice to the Notifying Holder, the remainder shall be reallocated to the other Demand Holders and Contributing Investors in like manner.

  • The Contributing Investor shall have seven (7) days from the receipt of the notice mentioned above to notify the Corporation of its intent to exercise its option to advance the Non-Contributing Investors' Proportion, failing which the Contributing Investor shall be deemed to have waived its option in connection with the advance of the NonContributing Investors' Proportion.

  • Upon receipt by the Company of a Request Notice to effect a Demand Registration the Company shall within ten (10) Business Days after the receipt of the Request Notice, notify each other Demand Holder and each Contributing Investor of such request and each such other Demand Holder and Contributing Investor shall have the option to include its Registrable Shares in such Demand Registration pursuant to this Section 2.02(a).

Related to Contributing Investor

  • Contributing Partner means each Partner contributing (or deemed to have contributed on termination and reconstitution of the Partnership pursuant to Section 708 of the Code or otherwise) a Contributed Property.

  • Contributing Member shall have the meaning set forth in Section 3.2(b).

  • Contributing Parties has the meaning assigned to such term in the preamble.

  • Contributing Party has the meaning assigned to such term in Section 5.02.

  • Non-Contributing Member shall have the meaning set forth in Section 3.2(b).

  • Participating Investor any Participating Account, Participating Insurance Company or Participating Plan, including the Account and the Company.

  • Contributing Employer means any employer other than a reimbursing employer or rated governmental employer.

  • Contributing Guarantors as defined in Section 7.2.

  • Purchasing Member has the meaning set forth in Section 9.2(c).

  • Co-Investor means any of (a) the assignees, if any, of the equity commitments of any Sponsor who become holders of Equity Interests in the Borrower (or any of the direct or indirect parent companies of the Borrower) on the Original Closing Date in connection with the acquisition of the Company by the Sponsor and (b) the transferees, if any, that acquire, within 90 days of the Original Closing Date, any Equity Interests in the Borrower (or any of the direct or indirect parent companies of the Borrower) held by any Sponsor as of the Original Closing Date.

  • Defaulting Investor means any Investor that has (a) failed to make a payment required to be made by it under the terms of this Agreement within one (1) Business Day of the day such payment is required to be made by such Investor thereunder, (b) notified the Administrative Agent in writing that it does not intend to make any payment required to be made by it under the terms of this Agreement within one (1) Business Day of the day such payment is required to be made by such Investor thereunder or (c) become the subject of an Event of Bankruptcy.

  • Transferring Stockholder has the meaning assigned to such term in Section 3.4(a).

  • Selling Member has the meaning set forth in Section 10.5(a).

  • Requesting Investor has the meaning set forth in Section 7.5 of the Indenture.

  • Investor is defined in the preamble to this Agreement.

  • Contribution Notice means a contribution notice issued by the Pensions Regulator under section 38 or section 47 of the Pensions Xxx 0000.

  • Purchaser Group means, at any time, the group of companies comprised of the Purchasers, the Guarantor and the Guarantor’s subsidiaries at that time.

  • Fair Share Contribution Amount means, with respect to a Contributing Guarantor as of any date of determination, the maximum aggregate amount of the obligations of such Contributing Guarantor under this Guaranty that would not render its obligations hereunder or thereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any comparable applicable provisions of state law; provided, solely for purposes of calculating the “Fair Share Contribution Amount” with respect to any Contributing Guarantor for purposes of this Section 7.2, any assets or liabilities of such Contributing Guarantor arising by virtue of any rights to subrogation, reimbursement or indemnification or any rights to or obligations of contribution hereunder shall not be considered as assets or liabilities of such Contributing Guarantor. “Aggregate Payments” means, with respect to a Contributing Guarantor as of any date of determination, an amount equal to (1) the aggregate amount of all payments and distributions made on or before such date by such Contributing Guarantor in respect of this Guaranty (including in respect of this Section 7.2), minus (2) the aggregate amount of all payments received on or before such date by such Contributing Guarantor from the other Contributing Guarantors as contributions under this Section 7.2. The amounts payable as contributions hereunder shall be determined as of the date on which the related payment or distribution is made by the applicable Funding Guarantor. The allocation among Contributing Guarantors of their obligations as set forth in this Section 7.2 shall not be construed in any way to limit the liability of any Contributing Guarantor hereunder. Each Guarantor is a third party beneficiary to the contribution agreement set forth in this Section 7.2.

  • Qualified buyer means an applicant who meets the criteria in section 4.

  • Contribution Share means, for any Guarantor in respect of any Excess Payment made by any other Guarantor, the ratio (expressed as a percentage) as of the date of such Excess Payment of (i) the amount by which the aggregate present fair salable value of all of its assets and properties exceeds the amount of all debts and liabilities of such Guarantor (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of such Guarantor hereunder) to (ii) the amount by which the aggregate present fair salable value of all assets and other properties of the Loan Parties other than the maker of such Excess Payment exceeds the amount of all of the debts and liabilities (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of the Loan Parties) of the Loan Parties other than the maker of such Excess Payment; provided, however, that, for purposes of calculating the Contribution Shares of the Guarantors in respect of any Excess Payment, any Guarantor that became a Guarantor subsequent to the date of any such Excess Payment shall be deemed to have been a Guarantor on the date of such Excess Payment and the financial information for such Guarantor as of the date such Guarantor became a Guarantor shall be utilized for such Guarantor in connection with such Excess Payment. This Section 10.06 shall not be deemed to affect any right of subrogation, indemnity, reimbursement or contribution that any Guarantor may have under Law against the Borrower in respect of any payment of Obligations.

  • Founding Member means any individual who is either:

  • Class B Stockholder means (i) the registered holder of a share of Class B Common Stock at the Effective Time and (ii) the initial registered holder of any shares of Class B Common Stock that are originally issued by the Corporation after the Effective Time.

  • Transferring Shareholder has the meaning set forth in Section 5.2(a).

  • Exempt Investor means any of the following Irish Residents: (i) the Administrator, for so

  • ERISA Investor means an Investor that is: (a) an “employee benefit plan” (as such term is defined in Section 3(3) of ERISA) subject to Title I of ERISA, (b) any “plan” defined in and subject to Section 4975 of the Code, or (c) a partnership or commingled account of a fund, or any other entity, whose assets include or are deemed to include the assets of one or more such employee benefit plans or plans in accordance with the Plan Assets Regulations or otherwise.

  • Fair Share Shortfall means, with respect to a Contributing Guarantor as of any date of determination, the excess, if any, of the Fair Share of such Contributing Guarantor over the Aggregate Payments of such Contributing Guarantor. “Adjusted Maximum Amount” means, with respect to a Contributing Guarantor as of any date of determination, the maximum aggregate amount of the obligations of such Contributing Guarantor under this Guaranty or a Related Guaranty, in each case determined in accordance with the provisions hereof and thereof; provided that, solely for purposes of calculating the “Adjusted Maximum Amount” with respect to any Contributing Guarantor for purposes of this paragraph 2, the assets or liabilities arising by virtue of any rights to or obligations of contribution hereunder or under any similar provision contained in a Related Guaranty shall not be considered as assets or liabilities of such Contributing Guarantor. “Aggregate Payments” means, with respect to a Contributing Guarantor as of any date of determination, the aggregate amount of all payments and distributions made on or before such date by such Contributing Guarantor in respect of this Guaranty and the Related Guaranties (including, without limitation, in respect of this paragraph 2 or any similar provision contained in a Related Guaranty). The amounts payable as contributions hereunder and under similar provisions in the Related Guaranties shall be determined as of the date on which the related payment or distribution is made by the applicable Funding Guarantor. The allocation among Contributing Guarantors of their obligations as set forth in this paragraph 2 or any similar provision contained in a Related Guaranty shall not be construed in any way to limit the liability of any Contributing Guarantor hereunder or under a Related Guaranty. Each Contributing Guarantor under a Related Guaranty is a third party beneficiary to the contribution agreement set forth in this paragraph 2.