ECP Representative definition
Examples of ECP Representative in a sentence
Each of the ECP Holders has designated the ECP Representative to act as its representative with respect to the making of, and the delivery and receipt of, all notices, elections, approvals, requests or other instructions or determinations (including as to whether any condition has been met to the satisfaction of such ECP Holder) (each, a “Notice”) and to otherwise act on behalf of any or all of the ECP Holders with respect to any Notices delivered in connection with this Agreement.
Any Notice made to the ECP Representative (referencing the ECP Holders) shall be deemed to have been made to the ECP Holders in the form and at the time made to the ECP Representative.
The ECP Holders shall cause the ECP Representative to act at the direction of the ECP Holders holding a majority of Registrable Securities held by all of the ECP Holders with respect to all such Notices.
The Company shall direct any Notice to be made to any ECP Holder to the ECP Representative and agree that any Notice delivered under this Agreement by the ECP Representative shall be deemed to be a Notice delivered by the ECP Holders.
Each of the ECP Investors has designated the ECP Representative to act as its representative with respect to the making of, and the delivery and receipt of, all notices, elections, approvals, requests or other instructions or determinations (each, a “Notice”) and to otherwise act on behalf of any or all of the ECP Investors with respect to any Notices delivered in connection with this Agreement.
Each of the ECP Representative and Dynegy shall jointly determine all components of the calculation of the Put/Call Purchase Price, the 2.25x Value and the Dynegy Parent Share Value.
The ECP Funds shall cause the ECP Representative to act at the direction of the ECP Funds holding a majority of Units held by all of the ECP Funds with respect to all such Notices.
The fees of the valuation firm shall be split equally by the ECP Representative and Dynegy.
Each of Dynegy and the Company shall direct any Notice to be made to any ECP Fund to the ECP Representative and agree that any Notice delivered under this Agreement by the ECP Representative shall be deemed to be a Notice delivered by the ECP Funds.
Any Notice made to the ECP Representative (referencing the ECP Investors) shall be deemed to have been made to the ECP Investors in the form and at the time made to the ECP Representative.