Covered Holder definition

Covered Holder means a Series B Preferred Stockholder, any transferee or assignee thereof to whom a Series B Preferred Stockholder assigns its rights under this Agreement and who agrees to become bound by the provisions of this Agreement in accordance with Section 8 and any transferee or assignee thereof to whom a transferee or assignee assigns its rights under this Agreement and who agrees to become bound by the provisions of this Agreement in accordance with Section 8.
Covered Holder means each holder of Warrants or Non-Public Warrant Shares.
Covered Holder means each of (i) the Purchasers and any of their respective Affiliates that acquires Registrable Securities from any Purchaser or any of their respective Affiliates and (ii) any other Person who acquires (consistent with the terms of the Purchase Agreement and the Articles Supplementary relating to the Series A Preferred Stock) Registrable Securities for an aggregate purchase price of at least $10 million (or which have a Liquidation Amount of at least $10 million) and who shall have been designated as a Covered Holder by any Purchaser in a written notice to the Company, provided that the rights of any Person designated as a Covered Holder referred to in clause (ii) shall be limited if and to the extent provided in such notice; and provided further, that each Purchaser shall not be entitled (x) to designate more than 5 Covered Holders or (y) to designate any Covered Holder to the extent the Registrable Securities would continue to be Registrable Securities for a period longer than would be the case in the hands of such Purchaser or any of its Affiliates (so that the period for which such Registrable Securities shall continue to be Registrable Securities in the hands of such designee shall be limited to the period in which they would have been Registrable Securities in the hands of such Purchaser or any of its Affiliates).

Examples of Covered Holder in a sentence

  • The distribution to any Covered Holder will equal the Net Proceeds multiplied by a fraction that equals the Expired Warrants the Covered Holder could have exercised prior to the Expiration Date divided by all Expired Warrants that could have been exercised by all Covered Holders prior to the Expiration Date.

  • Any Covered Holder desiring to have Registrable Securities included in such registration statement and offered to the public shall so advise the Company in writing (the written notice of any such Covered Holder being a "Piggy-back Notice") not later than 10 business days after the Company's delivery to the Covered Holders of the Intended Offering Notice, setting forth the number of Registrable Securities such Covered Holder desires to have included in the registration statement and offered to the public.

  • All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of and shall be enforceable by the respective legal successors and permitted assigns of the parties hereto and any Covered Holder.

  • In such event, the Company shall so notify each Covered Holder that has delivered a Piggy-back Notice to participate therein.

  • Further if at any time a Covered Holder no longer holds Registrable Securities, the consent of such Covered Holder shall no longer be required to amend this agreement or to waive or consent to departures from the provisions hereof.


More Definitions of Covered Holder

Covered Holder means any participant or co-lender that does not deliver a Third Party Agreement pursuant to Section 6(a) in connection with a Transfer of a Junior Loan, and on behalf of which one or more other participants or co-lenders in such Junior Loan delivers a Third Party Agreement undertaking the respective liability (or portion thereof) of such participant or co-lender for such participant’s or co-lender’s pro rata portion (based on the percentage interest held by such participant or co-lender in such Junior Loan as of the date of such Transfer) of the applicable Future Third Party Obligations.
Covered Holder means (x) FBR, FBR LT, FBR Capital Markets, FBR PT, the other persons named as Holders of Warrants or Common Shares in the preamble but in each case only in respect of Registrable Securities owned by such Holder and (y) any permitted transferee or assignee of Warrants or Registrable Securities who agrees to become bound by all of the terms and provisions of this Agreement.
Covered Holder means each of (i) the Series B Preferred Shareholders and any of their respective Affiliates that acquires Registrable Securities from any Series B Preferred Shareholder or any of their respective Affiliates and (ii) any other Series B Preferred Shareholder that holds a minimum of 20 percent of the Series B Preferred Stock.
Covered Holder means any participant or co-lender that does not deliver a supplemental Third Party Agreement to satisfy the Conversion Conditions, or pursuant to Section 6(a) in connection with a Realization Event of such Junior Loan, and on behalf of which one or more other participants or co-lenders in the related Junior Loan delivers a supplemental Third Party Agreement undertaking the respective liability (or portion thereof) of such participant or co-lender for such participant’s or co-lender’s pro rata portion (based on the percentage interest held by such participant or co-lender in such Junior Loan as of the date of such assumption, conversion or Realization Event) of the applicable Future Third Party Obligations.
Covered Holder means any participant or co-lender that does not deliver a Third Party Agreement to satisfy the Conversion Conditions, or pursuant to Section 6(a) in connection with a Realization Event of such Junior Loan, and on behalf of which one or more other participants or co-lenders in such Junior Loan delivers a Third Party Agreement
Covered Holder means (i) any member of the Purchaser Group and (ii) any other Person that holds a minimum of 20 percent of the Registrable Securities.
Covered Holder means each of (i) the Purchasers and any of their respective Affiliates that acquires Registrable Securities from any Purchaser or any of their respective Affiliates and (ii) any other Person who acquires (consistent with the terms of the Purchase Agreement and the Articles Supplementary relating to the Series A Preferred Stock) Registrable Securities for an aggregate purchase price of at least $10 million (or which have a Liquidation Amount of at least $10 million) and who shall have been designated as a Covered Holder by any Purchaser in a written notice to the Company, provided that the rights of any Person designated as a Covered Holder referred to in clause (ii) shall be limited if and to the extent provided in such notice; and provided further, that each Purchaser shall not be entitled (x) to designate more than 5 Covered Holders or (y) to designate any Covered Holder to the extent the Registrable Securities would continue to be Registrable Securities for a period longer than would be the case in the hands of such Purchaser or any of its Affiliates (so that the period for which such Registrable Securities shall continue to be Registrable Securities in the hands of such designee shall be