Fleming Holders definition

Fleming Holders means (i) the Fleming Funds and (ii) any Affiliate, officer or employee of an Affiliate or investment fund managed by an Affiliate of the Fleming Funds to which the Fleming Funds may transfer record and/or beneficial ownership of any shares of Series C Preferred Stock (the "Shares") or any shares of Common Stock obtained or obtainable upon conversion of the Shares (the "Conversion Shares"). The transferor and the transferee shall notify the Corporation in writing as to the transferee's status as a Fleming Holder in accordance with this definition, and shall notify the Corporation if such transferee ceases to be a Fleming Holder. The Conversion Shares shall include any capital stock or other securities into which Conversion Shares are changed and any capital stock or other securities resulting from or comprising a reclassification,
Fleming Holders means (i) the Fleming Funds and (ii) any --------------- Affiliate, officer or employee of an Affiliate or investment fund managed by an Affiliate of the Fleming Funds to which the Fleming Funds may transfer record and/or beneficial ownership of the Shares or the Conversion Shares. The transferor and the transferee shall notify the Corporation in writing as to the transferee's status
Fleming Holders means (i) the Fleming Funds, (ii) any Affiliate, officer or employee of an Affiliate or investment fund managed by an Affiliate of the Fleming Funds to which the Fleming Funds may transfer record and/or beneficial ownership of any shares of Series A Preferred Stock (the "Shares") or any shares of Common Stock obtained or obtainable upon conversion of the Shares (the "Conversion Shares") and (iii) any transferee of Shares or Conversion Shares from a Person named in clause (i) or (ii) hereof (provided that such transferee is consented to by the Corporation, such consent not to be unreasonably withheld), other than a transferee of Shares or Conversion Shares sold in either a public offering pursuant to a registration statement under the Securities Act or pursuant to Rule 144 under the Securities Act. The "Conversion Shares" shall include any capital stock or other securities into which Conversion Shares are changed and any capital stock or other securities resulting from or comprising a reclassification, combination or subdivision of, or a stock dividend on, any Conversion Shares.

Examples of Fleming Holders in a sentence

  • Upon the instructions from time to time of the Fleming Holders or any Transferee, the Company shall execute and ca▇▇▇ ▇▇ be filed any document or filing presented to the Company in proper form for signing or filing, in each case as the Fleming Holders or such Transferee may reasonably deem necessary or ▇▇▇▇▇▇ble in light of the Company's obligations under this Agreement, and the Company shall pay or cause to be paid any filing or other fees in connection therewith.

  • The Company shall from time to time, upon the request of the Fleming Holders or any Transferee, promptly and duly execute and de▇▇▇▇▇ ▇ny and all such further instruments and documents as the Fleming Holders or such Transferee, as the case may be, may reasona▇▇▇ ▇▇▇m necessary or desirable to obtain the full benefits of (i) the obligations of the Company under this Agreement and (ii) the other rights and powers herein granted.


More Definitions of Fleming Holders

Fleming Holders means (i) the Fleming Funds and (ii) any ▇▇▇▇▇▇▇te, officer or employee ▇▇ ▇▇ ▇ffiliate or investment fund managed by an Affiliate of the Fleming Funds, or any successor thereof, to which the Flem▇▇▇ ▇▇▇ds may transfer record and/or beneficial owners▇▇▇ ▇▇ the Shares or the Conversion Shares.
Fleming Holders means (i) the Fleming Funds and (ii) any Affiliate, --------------- officer or employee of an Affiliate or investment fund managed by an Affiliate of the Fleming Funds to which the Fleming Funds may transfer record and/or beneficial ownership of any shares of Series A Preferred Stock (the "Shares") or any shares of Common Stock obtained or obtainable upon conversion of the Shares (the "Conversion Shares"). The

Related to Fleming Holders

  • Existing Holders shall have the meaning given in the Recitals hereto.

  • Selling Holders means, with respect to a specified registration pursuant to this Agreement, Holders whose Registrable Securities are included in such registration.

  • Living Holder A Certificate Owner of a Special Retail Certificate other than a Deceased Holder.

  • Participating Holders means all Holders of Registrable Securities which are proposed to be included in any offering of Registrable Securities pursuant to Section 2.1 or Section 2.2.

  • Initiating Holders means, collectively, Holders who properly initiate a registration request under this Agreement.