Examples of HPS Investor in a sentence
If reasonably requested by the HPS Investor, the Company agrees to take all Necessary Action to execute and deliver any amendments to this Agreement to the extent so requested by such Investor in connection with the addition of a Permitted Transferee in accordance with Section 4.1 or a recipient of any newly-issued shares of Company Common Stock as a party hereto.
Except as set forth in this Section 3.3, the HPS Investor shall not be restricted from voting in favor of, against or abstaining with respect to any other matter presented to the stockholders of the Company.
Warrants of Hill Path Investor and HPS Investor (each as defined in the Investment Agreement) to be documented in separate warrant certificates exercisable for (i) 1,000,000 shares of common stock to Hill Path Investor and (ii) 66,667 shares of common stock to HPS Investor, for an aggregate amount of 1,066,667 shares of common stock.
For an illustration, if this calculation were completed using the outstanding shares of Common Stock (as of February 29, 2024) and outstanding stock options (both vested and unvested) and unvested RSUs and PSUs of the Company (in each case as of December 31, 2023), in each case as specified in the Company’s Form 10-K filed on March 14, 2024, then 1,762,865 and 117,524 shares of Common Stock would be issuable under the Xxxxx Warrants issued to the Hill Path Investor and HPS Investor, respectively.
For an illustration, if this calculation were completed using the outstanding shares of Common Stock (as of February 29, 2024) and outstanding stock options (both vested and unvested) and unvested RSUs and PSUs of the Company (in each case as of December 31, 2023), in each case as specified in the Company’s Form 10-K filed on March 14, 2024, then 1,762,865 and 117,524 shares of Common Stock would be issuable under the Penny Warrants issued to the Hill Path Investor and HPS Investor, respectively.
Warrants of Hill Path Investor and HPS Investor (each as defined in the Investment Agreement) to be documented in separate warrant certificates exercisable for a number of warrants to represent (i) 5.0% for Hill Path Investor and (ii) 0.33% for HPS Investor, for an aggregate amount of 5.33%, in each case of the fully diluted shares of common stock on the Closing Date.