Examples of ESOP SPVs in a sentence
For the avoidance of doubt, before the relevant Investor receives the full amount of their respective Preference Amount pursuant to Section 4.6(i)(a) through (f) above, none of the Founder, the Founder Holdcos and the ESOP SPVs shall be entitled to receive any remaining assets and funds of the Company available for distribution under this Section 4.6(i)(g).
For the avoidance of doubt, “any Equity Securities held by Mx. XX Xxxxx or any of the ESOP SPVs” referred to in the foregoing provision shall include any shares held by Mx. XX Xxxxx or any of the ESOP SPVs in the Company, directly or indirectly through another Person in whatever manner.
If the Selling Shareholder is the Actual Controller, Mx. XX Xxxxx or any of the ESOP SPVs, all Investors may exercise the Right of First Refusal or Right of Co-Sale in accordance with procedures set forth under Section 4.4 and Section 4.5, as applicable.
Upon the Option being exercised and when the exercise procedure as stipulated in this clause has been fully complied with, the Company shall cause or procure the underlying Ordinary Shares be transferred from the ESOP SPVs to the Optionee designated by the Company.
The Borrower, the Borrower Shareholder, the Offshore ESOP SPVs and the Offshore Founder Obligor.
For the avoidance of doubt, the Optionee has no right to request the ESOP SPVs to transfer the underlying ordinary Shares to himself/herself.Shares delivered upon exercise of an Option shall be delivered in the name of the Optionee or, if requested by the Optionee, in the name of the Optionee and his or her spouse.
For the avoidance of doubt, “any Equity Securities held by Xx. XX Xxxxx or any of the ESOP SPVs” referred to in the foregoing provision shall include any shares held by Xx. XX Xxxxx or any of the ESOP SPVs in the Company, directly or indirectly through another Person in whatever manner.
The Borrower, the Borrower Shareholder, the Offshore ESOP SPVs and each initial party to the Intercreditor Agreement (other than the Finance Parties).
The Borrower, the Borrower Shareholder, the Offshore ESOP SPVs, each other Guarantor, the Onshore ESOP SPV and the SPVs (as defined in Schedule 5 (Permitted Restructuring)), excluding the Offshore Founder Trust and the Excluded Onshore Founder Entities (as defined in Schedule 5 (Permitted Restructuring)).
Each of Parent and Merger Sub shall reasonably cooperate with the Company in the preparation of the preliminary Information Statement, the definitive Information Statement and any amendments or supplements thereto and shall promptly (and in any event within three days of the Company’s request therefor) furnish to the Company the information relating to Parent and Merger Sub required by the Exchange Act for inclusion therein.