Examples of DLJ Party in a sentence
Any assignment of registration rights pursuant to this Section 9.1 shall be effective upon receipt by the Company of written notice from such assigning DLJ Party stating (i) the name and address of any assignee, (ii) the nature of such assignee's relationship to the assignor and (iii) identifying the Registerable Common Stock with respect to which the rights under this Agreement are being assigned.
As long as (i) any DLJ Party remains an Affiliate (as defined in the Stockholders’ Agreement) of Basic or (ii) the DLJ Parties, collectively, beneficially hold at least ten percent of the outstanding shares of Basic’s common stock, the DLJ Parties can require Basic to register shares of common stock on up to three occasions, provided that the proposed offering proceeds for the offering equal or exceed $10 million (or $5 million if Basic is able to register such securities on Form S-3).
The rights of an assignee under Section 9.1 shall be the same rights granted to the assigning DLJ Party under this Agreement, except that in no event shall the Company's obligations hereunder be increased due to any such assignment.
Any and all Permitted DLJ Transferees, by accepting a transfer or transfers by any DLJ Party of any or all of its Common Shares and Common Share Equivalents, shall be deemed to have agreed to be bound by the terms of this Agreement (on the same terms as the then holder of such Common Shares and/or Common Share Equivalents).
Subject to Section 9.2, the rights of the DLJ Parties under this Agreement with respect to any Registerable Common Stock may be assigned to any one or more affiliates of a DLJ Party that hold Registerable Common Stock.
In connection with any such assignment, the term "DLJ Party" as used herein shall, where appropriate to assign the rights and obligations of such DLJ Party hereunder to such assignee, be deemed to refer to the assignee.
Notwithstanding the foregoing, the Company shall not be required to include any DLJ Party's Piggyback Securities in such offering unless such DLJ Party accepts the terms of the underwriting agreement between the Company and the Managing Underwriter (or other managing underwriter) or underwriters, and otherwise complies with the provisions of Section 3.4 below.
No DLJ Party shall be entitled to receive a Notice hereunder (or a copy of a Notice delivered to the Company) if, at the time such Notice is to be sent, such DLJ Party (including its affiliates and the employees of such DLJ Party and its affiliates) no longer owns any Common Stock.
For the purposes of this Section 6, the DLJ Parties shall be deemed to own any and all Common Stock owned by (i) the DLJ Parties and (ii) any affiliates of any DLJ Party.