Eligible Securityholder definition

Eligible Securityholder means a Person that: (i) is on the Record Date a Senior Unsecured Debtholder, Convertible Debentureholder or Common Shareholder; or (ii) a Holding Preferred Shareholder; and (iii) if such Person referred to in (i) or (ii) is resident outside of Canada or the United States, is qualified to participate in the New Equity Offering in accordance with the laws of its jurisdiction of residence and has provided evidence satisfactory to Just Energy to demonstrate such qualification.
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Eligible Securityholder means each holder of the Company’s Class A Common Stock, Series A Preferred Stock and Series B Preferred Stock as of the Record Date.
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Eligible Securityholder has the meaning set forth in the Term Sheet. (u) “ Escrow Agreement ” means an escrow agreement on customary terms and conditions to be entered into in connection with the New Equity Offering, in form and substance acceptable to the Company and the Initial Backstop Parties, each acting reasonably . (v) “ Escrow Deadline ” means the date prescribed in the notice to be provided by the Company to the Backstop Parties pursuant to Section 10 (c) hereof, which date shall be no less than five ( 5 ) Business Days prior to the Implementation Date (or such other date as may be agreed by the Company and the Initial Backstop Parties, each acting reasonably) . (w) “ Final Order ” has the meaning set forth in the Term Sheet. (x) “ Funding Fee Shares ” means 489 , 386 common shares of the Company issuable pursuant to the CBCA Plan for the aggregate consideration of the Funding Fee . (y) “ FX Rate ” means the US Dollar/Canadian Dollar exchange rate of $ 0 . 73 US Dollar for each $ 1 Canadian Dollar .
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Examples of Eligible Securityholder in a sentence

  • In the event of such a proposed Transfer, the Tag-Along Seller shall provide each Eligible Securityholder written notice of the terms and conditions of such proposed transfer (“Tag-Along Notice”) and offer each Eligible Securityholder the opportunity to participate in such sale.

  • The Company shall have repurchased from each Eligible Securityholder who, to the best of the Company’s knowledge is not an Accredited Investor, all outstanding shares of Company Capital Stock and any other Company Securities, held by such Eligible Securityholder.

  • The Issuer shall provide to each ----------------- Securityholder who beneficially owns at least ten percent (10%) (5% in the case of ▇▇▇▇▇▇▇) of the Fully Diluted Common Stock (an "Eligible Securityholder") ----------------------- with a written notice (a "Section 4.1 Notice") of any proposed issuance by the ------------------ Issuer of Equity Securities at least fifteen (15) days prior to the proposed issuance date.

  • The Agreement constitutes a closed Agreement in full and final settlement of all industrial matters for the duration of this Agreement.

  • Without limiting the generality of anything contained in Section 5.3, on and at all times after the Closing Date, each Eligible Securityholder shall keep confidential, and shall not use or disclose to any other Person, any non-public document or other non-public information in such Eligible Securityholder’s possession that relates to the business of the Company or Parent.

  • No later than four months after the Effective Time or upon the earlier request in writing of Parent, the Payment Agent shall send a second Letter of Transmittal to any Securityholder that is not an Eligible Securityholder, or that has been otherwise identified by Parent in such request.

  • For purposes of this Section 4.3, ▇▇▇▇▇▇▇ shall be deemed to be an Eligible Securityholder for so long as he continues to hold any Equity Securities, provided, that in the event ▇▇▇▇▇▇▇ holds less than five percent (5%) of the Fully Diluted Common Stock and elects to join in such sale, the Disposing Securityholder shall have the right to purchase or otherwise sell in a transaction effected pursuant to this Section 4.3, all Equity Securities then held by ▇▇▇▇▇▇▇.

  • Due Diligence Report the report of the Due Diligence Committee to the directors of Eligible Securityholder a registered holder of Shares or Westpac Shares on the Record Date who is eligible to participate in the Securityholder Offer under the Offer Document.

  • A delivery of such a written notice (which notice shall specify the number of shares (or amount) of Equity Securities to be purchased by each Eligible Securityholder) shall constitute a binding agreement of such Eligible Securityholder to purchase, at the price and on the terms specified in the Section 4.1 Notice, the number of shares (or amount) of Equity Securities specified in such written notice.

  • Notwithstanding the provisions of ARTICLE V, Section 4 of the Company’s certificate of incorporation providing that the Drag Along Stockholders shall be subject to the same representations, warranties, covenants, indemnities, and agreements made by the Founders, the restrictions set forth herein relating to the Closing Shares of the Founders shall apply to only fifty percent of the Closing Shares and the Option Shares issued to each Eligible Securityholder other than the Founders.


More Definitions of Eligible Securityholder

Eligible Securityholder means (a) each holder of shares of Company Capital Stock immediately prior to the Effective Time that does not perfect his, her or its dissenters’ rights, (b) each holder of a Company Option immediately prior to the Effective Time whose Company Option is exchanged pursuant to Section 1.5(b)(i) above, and (c) each holder of a Company Warrant immediately prior to the Effective Time whose Company Warrant is exchanged pursuant to Section 1.5(b)(ii) above.
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Eligible Securityholder means a Person that : (i) is on the Record Date a Senior Unsecured Debtholder, Convertible Debentureholder or Common Shareholder ; or (ii) a Holding Preferred Shareholder ; and (iii) if such Person referred to in (i) or (ii) is resident outside of Canada or the United States, is qualified to participate in the New Equity Offering in accordance with the laws of its jurisdiction of residence and has provided evidence satisfactory to Just Energy to demonstrate such qualification . “ Equity Allocation ” means: (i) in respect of the Senior Unsecured Debtholders, 1 , 476 , 957 Offered Shares ; (i) in respect of the Convertible Debentureholders, 16 , 781 , 687 Offered Shares ; (ii) in respect of the Preferred Shareholders, 2 , 796 , 948 Offered Shares ; and (iii) in respect of the Common Shareholders, 8 , 256 , 938 of the Offered Shares . “ Escrow Agent ” means the escrow agent appointed pursuant to the Escrow Agreement . “ Escrow Agreement ” means an escrow agreement on customary terms and conditions to be entered into in connection with the New Equity Offering, in form and substance acceptable to the Company and the Initial Backstoppers, each acting reasonably .
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Eligible Securityholder means any Securityholder from whom the Payment Agent has received a properly completed and executed Letter of Transmittal or, in the case of any owner of RSUs and only with respect to such RSUs, a Surrender Agreement and, in the case of a Securityholder holding Shares, either (i) stock certificates representing such Shares surrendered in accordance with the Letter of Transmittal or (ii) a properly executed affidavit of loss and bond pursuant to Section 3.5.
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Eligible Securityholder means each Securityholder who is (a) located and resident outside the United States and not a U.S. person or acting for the account or benefit of a U.S. person (in each case, as defined in Regulation S under the Securities Act), (b) not a retail investor and, if applicable and acting on a non-
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Eligible Securityholder means each Securityholder who is (a) located and resident outside the United States and not a U.S. person or acting for the account or benefit of a
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Related to Eligible Securityholder

  • Eligible Stockholder means a person who has either (1) been a record holder of the shares of common stock of the Corporation used to satisfy the eligibility requirements in Section 3.2(d) continuously for the required three-year period or (2) provides to the Secretary of the Corporation, within the time period referred to in Section 3.2(e), evidence of continuous Ownership of such shares for such three-year period from one or more securities intermediaries.

  • Eligible Securities means those securities which are identified as permissible securities for a particular Transaction Category.

  • Eligible Shareholder means an existing or new investor of the Company that is eligible at the ACD’s discretion to invest in the Class X Shares upon entering into an agreement with the ACD and fulfilling the eligibility conditions set by the ACD from time to time.

  • Securityholder or Holder Any Noteholder or a Certificateholder.

  • Eligible Holder means a Limited Partner whose (a) federal income tax status would not, in the determination of the General Partner, have the material adverse effect described in Section 4.9(a)(i) or (b) nationality, citizenship or other related status would not, in the determination of the General Partner, create a substantial risk of cancellation or forfeiture as described in Section 4.9(a)(ii).