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.
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 .

Examples of Eligible Securityholder in a sentence

  • You may participate in the SPP if you are an Eligible Securityholder.

  • If one or more of the joint holders of the Stapled Securities is not an Eligible Securityholder, none of the joint holders can apply to participate in the Plan with respect to the Stapled Securities jointly held.

  • If you are an Eligible Securityholder, you can choose whether or not to participate.

  • If you are an Eligible Securityholder, you may apply to purchase a Parcel of New Securities valued at $2,500, $5,000, $10,000, $15,000,$20,000, $25,000 or $30,000 (Nominated Subscription).

  • HPI shall determine the number of New Securities to be issued to each Eligible Securityholder who applies for a Parcel, by dividing the value of that Parcel by the Issue Price.

  • An Eligible Securityholder who is a Custodian, trustee or nominee within the definition of “custodian” in ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547 (Custodian) may participate in the SPP on behalf of each Eligible Beneficiary on whose behalf the Custodian is holding Securities.

  • If you are an Eligible Securityholder, your rights under this offer are personal to you and non- renounceable, so you may not transfer them.Participation in the SPP is entirely optional.

  • To be an Eligible Securityholder, you must:• be a registered holder of Ordinary Shares, RPS, Floating Rate Capital Notes or CPS2 (as applicable) at 7:00pm (Sydney time) on 5 April 2013;• be shown on the applicable register as having an address in Australia; and• not be in the United States or acting as a nominee for a person in the United States.If you wish to apply for Notes we encourage you to apply as soon as possible after the Opening Date as the Offer may close early.

  • If you are a Rights Issue Eligible Securityholder you may take any of the following actions.

  • Eligible Securityholder A person who, at the Record Date, was recorded in HP’s Securities register as being a registered holder of Securities with a registered address in: • Australia; or • New Zealand, and who is not an Excluded Securityholder.


More Definitions of Eligible Securityholder

Eligible Securityholder means, holders of (i) Company Common Stock, or (ii) unexpired and unexercised Company Options (other than Non-Continuing Options, with respect to such Non-Continuing Options); or (iii) granted but unissued shares of Company Restricted Stock outstanding immediately prior to the Effective Time, each as of immediately prior to the Effective Time, other than such holders of Dissenting Shares.
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-
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 aU.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-discretionary basis, who is acting on behalf of a beneficial owner that is not a retail investor, and (c) otherwise a person to whom the Consent Solicitation in respect of the Securities can be lawfully made and that may lawfully participate in the Consent Solicitation in respect of the Securities;
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 .
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.

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).

  • Company Securityholders means the Company Stockholders, Company Optionholders and Company Warrantholders, collectively.

  • Qualifying Holder shall have the meaning ascribed thereto in Section 12 hereof.

  • Participating Stockholder means a “Participating Stockholder” under the HBB Stockholders’ Agreement, HY Stockholders’ Agreement and NACCO Stockholders’ Agreement, to the extent the Partnership owns HBB Class B Shares, HY Class B Shares or NACCO Class B Shares. A Partner shall cease to be a Participating Stockholder under this Agreement and shall be deemed to be a Former Partner immediately prior to any event or lapse of time that causes such Partner to no longer be a “Participating Stockholder” under such applicable stockholders’ agreements.

  • Demand Holder has the meaning set forth in Section 3.02(a).

  • Ineligible Securities means securities which may not be underwritten or dealt in by member banks of the Federal Reserve System under Section 16 of the Banking Act of 1933 (12 U.S.C. Section 24, Seventh), as amended.

  • Eligible Shares has the meaning set forth in Section 4.1(a).

  • FTR Holder means the PJM Member that has acquired and possesses an FTR.

  • Common Stockholder means the employee of, consultant to, or director of the Company or other person to whom shares of Common Stock are issued pursuant to this Plan.

  • Eligible Security means a security that:

  • Securityholder means the Person in whose name a Security is registered on the Registrar's books.

  • Other Holder has the meaning specified in Section 2.2(b).

  • or "Holder The Person in whose name a Certificate is registered in the Certificate Register, except that a Disqualified Organization or a Non-United States Person shall not be a Holder of a Residual Certificate for any purposes hereof and, solely for the purposes of giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor or the Master Servicer or any Affiliate thereof shall be deemed not to be outstanding and the Voting Rights to which it is entitled shall not be taken into account in determining whether the requisite percentage of Voting Rights necessary to effect any such consent has been obtained, except as otherwise provided in Section 11.01. The Trustee and the NIMS Insurer may conclusively rely upon a certificate of the Depositor or the Master Servicer in determining whether a Certificate is held by an Affiliate thereof. All references herein to "Holders" or "Certificateholders" shall reflect the rights of Certificate Owners as they may indirectly exercise such rights through the Depository and participating members thereof, except as otherwise specified herein; provided, however, that the Trustee and the NIMS Insurer shall be required to recognize as a "Holder" or "Certificateholder" only the Person in whose name a Certificate is registered in the Certificate Register.

  • Holder means a Person in whose name a Security is registered in the Security Register.

  • Effective FTR Holder means:

  • Initiating Holder has the meaning set forth in Section 2.01(a).

  • Company Stockholder means the holder of either a share of Company Common Stock or a share of Company Preferred Stock.

  • Class B Stockholder means (i) the registered holder of a share of Class B Common Stock at the Effective Time and (ii) the initial registered holder of any shares of Class B Common Stock that are originally issued by the Corporation after the Effective Time.

  • 10% Stockholder means the owner of stock (as determined under Code Section 424(d)) possessing more than ten percent (10%) of the total combined voting power of all classes of stock of the Corporation (or any Parent or Subsidiary).

  • Stockholder Shares means all securities of the Company registered in the name of, or Beneficially Owned by the Stockholder Parties, including any and all securities of the Company acquired and held in such capacity subsequent to the date hereof.

  • Rights Holder means the holder of the Call Rights.

  • Eligible Securities Depository has the meaning set forth in section (b)(1) of Rule 17f-7.