Examples of Icahn Agreement in a sentence
OPC was unsuccessful in obtaining discovery as to the circumstances, communications, and negotiations surrounding the Icahn Agreement because that information lies in the hands of FirstEnergy and the Icahn Group—and not Potomac Edison.
Capitalized terms used herein but not defined shall have the meaning set forth in the Icahn Agreement.
We are aware of no authority that restricts FirstEnergy’s oversight of Potomac Potomac Edison continues to “stand[] by its position in its March 31, 2021 filing to the Commission (Maillog #234527) that Commission approval of the Agreement is not required.”65 It contends that events happened in the wrong sequence in order for the Icahn Agreement to fall within the Commission’s authority under PUA § 6-105.
Nevertheless, given the proximity in time of the announcement of investor Icahn’s intended purchase and the execution of the Icahn Agreement, Icahn’s substantial acquisition of FirstEnergy stock and the Icahn Agreement should be seen as a unitary scheme and transaction.
As used in this Agreement, the Company and each member of the Icahn Group are referred to herein individually as a “party” and collectively as “parties.” Any capitalized term used herein and not otherwise defined herein shall have the meanings set forth in the Icahn Agreement.
Each Company will hold on trust for, and forthwith pay or transfer to, the Security Trustee any payment or benefit of security received by it contrary to the above.
Promptly following the execution of this Agreement, the Company and Starboard shall jointly issue a mutually agreeable press release announcing certain terms of this Agreement and certain amendments to the Icahn Agreement, in the form attached hereto as Exhibit B.
Such member of the Icahn Group is the Beneficial Owner (as defined in the Icahn Agreement as amended herein) of the Purchased Shares set forth opposite its name on Schedule A hereto, free and clear of any and all Liens.
Pursuant to the Icahn Agreement, on April 11, 2019, the Icahn Group designated Jesse Lynn, General Counsel of Icahn Enterprises, L.P., as a replacement for Mr. Nevin, which designation is subject to the Company’s approval, not to be unreasonably withheld, conditioned or delayed.
Article 85 stated that “Chinese, English, French, Russian and Spanish texts are equally authentic.” Adoption or approval of the text then meant the treaty was open for formal signature.