DLJ Investors definition
Examples of DLJ Investors in a sentence
The DLJ Investors agree to cause the DLJ Observer to keep any matters observed or materials received by him or her at any meeting of the Board strictly confidential, subject to applicable law.
In the event the DLJ Investors and/or their Permitted Transferees own at least 5% but less than 10% of the outstanding Common Stock of the Company, DLJMB shall have the right to appoint only one director.
As long as the DLJ Investors own 5% or more of the outstanding Shares, DLJSC shall have the right but not the obligation to act as the lead underwriter in a Qualified IPO.
The DLJ Investors agree to cause the DLJ Observer to keep any matters observed or materials received by him or her at any meeting of the Board strictly confidential.
Within 10 days of receipt of such notice, the DLJ Investors may elect to participate in such Qualified IPO as a selling Stockholder by delivering to the Company and each other Stockholder, a notice stating (i) the DLJ Investors' bona fide intention of participating in such Qualified IPO and (ii) and the number of Shares the DLJ Investors wish to sell in such Qualified IPO.
The Stockholders shall no longer be bound by the transfer restrictions of this Article III following the first to occur of (i) the consummation of a Qualified IPO, (ii) the later of the date upon which the DLJ Investors and their Permitted Transferees own less than 5% of the outstanding Shares of Common Stock or the date on which Xxxxxxx and his Permitted Transferees own less than 5% of the outstanding shares of Common Stock, or (iii) the ten year anniversary of this Agreement.
Notwithstanding the foregoing, (i) only GEI is entitled to exercise Tag-Along Rights with respect to the first 335,000 Shares transferred by the DLJ Investors and (ii) only the DLJ Investors are entitled to exercise Tag-Along Rights with respect to the first 150,000 Shares transferred by GEI.
In the event the DLJ Investors and/or their Permitted Transferees own at least 10% but less than 20% of the outstanding Common Stock of the Company, DLJMB shall have the right to appoint only two directors.
The number of Shares that the DLJ Investors may include in the Qualified IPO will be determined in accordance with the Registration Rights Agreement.
The DLJ Investors will have the right to select the underwriters in any public offering resulting from an exercise by it of a Demand Registration.