Holder and Holders definition

Holder and Holders. As defined in Section 2(b) hereof.
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Holder and Holders means: (i) the Major Holders; (ii) any Person that received a distribution of Reorganization Common Stock, PIK Debt or Warrants in the Plan and would qualify as an “underwriter” as defined in Section 1145(b) of the Bankruptcy Code or that reasonably requests to be included as a Holder; provided that for purposes of this clause (ii), no Person shall be deemed to be an “underwriter” or to have reasonably requested inclusion as a Holder, unless such Person shall have provided to the Company an opinion of counsel, in form and substance reasonably acceptable to the Company, stating that such Person is unable to sell in a public distribution all of such Reorganization Common Stock, PIK Debt or Warrants pursuant to Rule 144 (without volume limitation) or another available exemption under the Securities Act; (iii) any other Person that acquires Registrable Securities directly from a Major Holder in a transaction that includes a contractual assignment to such Person of such Major Holder’s registration rights under this Agreement and, as a result of such acquisition, is unable to sell in a public distribution all of its Registrable Securities pursuant to Rule 144 (without volume limitation) or another available exemption under the Securities Act and provides to the Company an opinion of counsel, in form and substance reasonably acceptable to the Company, stating the same; or (iv) any lender or financial institution that acquires Reorganization Common Stock, PIK Debt or Warrants by foreclosure pursuant to a bona fide pledge arrangement with a Major Holder, and any transferees of such lender or financial institution.
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Examples of Holder and Holders in a sentence

  • Final Expenditure Report is due within 45 days of expending all funds or July 30, 2020; whichever date comes first must be emailed to DRC.BCSgrants@odrc.state.oh.us.

  • The provisions of this Warrant shall inure to the benefit of, and be binding upon, the Company and its successors and assigns and upon Holder and Holder's permitted assigns, permitted transferees and legal representatives, whether or not any such person shall have become a party to this Warrant and have agreed in writing to join herein and be bound by the terms hereof.

  • All rights and powers established in this Note shall benefit Holder and Holder's successors and assigns; provided, however, that all transfers of this Note by Holder are subject to the restrictions described in the legend at the end of this Note.

  • Holder and Holders shall have the meanings set forth in the Introduction hereto.

  • Notices and requests delivered by Holder to the Company pursuant to this Article 2 shall contain such information regarding Holder and Holder's Warrant Shares and the intended method of disposition thereof as shall reasonably be required in connection with the action to be taken.

  • On surrender of this Warrant for transfer, the Corporation shall issue a new warrant to Holder's transferee (if transferred in whole), or to the Holder and Holder's transferee, as appropriate (if transferred in part), for the number of shares then issuable upon exercise hereof.

  • Notices and requests delivered by Holder to the Company pursuant to this Section 8 shall contain such information regarding Holder and Holder's Warrant Shares and the intended method of disposition thereof as shall reasonably be required in connection with the action to be taken.

  • This Note is not intended to confer any rights or remedies hereunder upon any Person other than Holder and Holder's heirs, beneficiaries, executors, legal representatives, successors and permitted assigns.

  • The items in the questionnaire went through a thorough screening exercise by experts/linguists in the department of languages and linguistics, Benue State University, Makurdi.

  • As used in this Agreement, the terms "Holder" and "Holders" refer to the registered holder of a Warrant Certificate or the Shares issued upon exercise of the Warrants as the context requires.

Related to Holder and Holders

  • Acting Holders means, at the time of determination, Holders of at least 40% of the outstanding CVRs as set forth on the CVR Register.

  • Existing Holders shall have the meaning given in the Preamble.

  • Record Holders has the meaning set forth in Section 5.01(b).

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

  • Controlling Shareholders means controlling shareholders of the Company, as such term is defined in the Ordinance.

  • Holders means the holder or holders, as the case may be, from time to time of Registrable Securities.

  • Specified Holders means Hindalco and its Affiliates.

  • Record Holder or “Holder” as applied to a Receipt shall mean the person in whose name such Receipt is registered on the books of the Depositary maintained for such purpose.

  • Existing Holder means a Broker-Dealer or any such other Person as may be permitted by the Corporation that is listed as the holder of record of shares of AMPS in the Stock Books.

  • Initial Shareholders means the Sponsor and any Insider that holds Founder Shares; (v) “Private Placement Warrants” shall mean the 6,000,000 warrants (or 6,600,000 warrants if the over-allotment option is exercised in full) that the Sponsor has agreed to purchase for an aggregate purchase price of $6,000,000 (or $6,600,000 if the over-allotment option is exercised in full), or $1.00 per warrant, in a private placement that shall occur simultaneously with the consummation of the Public Offering; (vi) “Public Shareholders” shall mean the holders of securities issued in the Public Offering; (vii) “Trust Account” shall mean the trust fund into which a portion of the net proceeds of the Public Offering and the sale of the Private Placement Warrants shall be deposited; and (viii) “Transfer” shall mean the (a) sale of, offer to sell, contract or agreement to sell, hypothecate, pledge, grant of any option to purchase or otherwise dispose of or agreement to dispose of, directly or indirectly, or establishment or increase of a put equivalent position or liquidation with respect to or decrease of a call equivalent position within the meaning of Section 16 of the Exchange Act, and the rules and regulations of the Commission promulgated thereunder with respect to, any security, (b) entry into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of any security, whether any such transaction is to be settled by delivery of such securities, in cash or otherwise, or (c) public announcement of any intention to effect any transaction specified in clause (a) or (b).

  • Majority Shareholders means Xxxxxxx X. Xxx and Xxxxxxx X. Xxxxxxx.

  • Warrant Holders or “Holders” means the holders of the Warrants; and

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

  • Majority Stockholders means any Stockholder or combination of Stockholders who at the date of this Agreement own shares of Company Common Stock representing more than two-thirds of the total number of shares of Company Common Stock outstanding at the date of this Agreement.

  • Initial Holders has the meaning set forth in the preamble.

  • Majority Shareholder means a holder of more than fifty percent (50%) of the outstanding stock of the Company, or if no person holds more than fifty percent (50%) of the outstanding stock of the Company, the holder of a plurality of the outstanding stock of the Company.

  • 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.

  • Existing Stockholders means the stockholders of the Corporation immediately prior to the IPO as listed on Schedule A (including the Existing Stockholders Representative in its capacity as an Existing Stockholder) together with any Permitted Assignees.

  • Preferred Holders means the record owners of outstanding Preferred Securities.

  • Securityholder or Holder Any Noteholder or a Certificateholder.

  • Series B Holder means a Record Holder of the Series B Preferred Units.

  • Electing Holder means any holder of Registrable Securities that has returned a completed and signed Notice and Questionnaire to the Company in accordance with Section 3(d)(ii) or 3(d)(iii) hereof.

  • Qualified Holder means any person who:

  • Principal Shareholders means Xxxx Xxxxxxx, Xxxxx Xxxxxxx, Xxxxxxx Xxxxx, Xxxxx Xxxxxxxxxx, Xxxxxxx Xxxxx and Xxxx Persons.

  • Non-Directing Holders means the holders of Certificates representing the specified interest in the class of Certificates designated as the “controlling class” or the duly appointed representative of the holders of such Certificates or such other party otherwise entitled under the Note A-2 PSA to exercise the rights granted to the Non-Directing Holders in this Agreement. If Note A-2 has not been included in a Securitization, the Non-Directing Holder with respect to such Note will be the then-current Holder of such Note.

  • Selling Stockholders means Purchaser and any other purchaser of Units in the Offering, and their respective successors and assigns.