Examples of KIA V in a sentence
Xxx Equity Fund IV, L.P. and certain of its related parties (collectively, "THL") pursuant to a Stock Purchase Agreement, dated as of January 4, 2000, by and among the Company, THL, Xxxxx Investment Associates V, L.P. ("KIA V") and Xxxxx Equity Partners V, L.P. ("KEP V" and together with KIA V, "XXXXX"), the Selling Stockholder and the other parties thereto (the "PURCHASE AGREEMENT").
If a requested registration pursuant to this section 2.1 involves an underwritten offering, the underwriter or underwriters thereof shall be selected by the holders of at least a majority (by number of shares) of the Registrable Securities as to which registration has been requested; PROVIDED, however, that if any Xxxxx Entity is an Initiating Holder pursuant to section 2.1(a), then the underwriter or underwriters in such underwritten offering shall be selected by KIA V.
This Agreement has been duly and validly executed and delivered by each of KIA V, KEP V and each Individual Stockholder and constitutes a legal, valid and binding obligation of such party enforceable in accordance with its terms.
Except as otherwise provided herein, the transactions contemplated by this Agreement shall become effective at such time as the Amended Certificate is duly filed with the Secretary of State of the State of Delaware or at such later time as may be mutually agreed upon by the Company and KIA V (the "Effective Time").
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Each of KIA V and KEP V has full authority to enter into and perform all of its respective obligations under this Agreement and to carry out the transactions contemplated hereby.
Prior to the Conversion Date, Xxxxx shall have only those approval rights it had under Section 10.1 of the Amended and Restated Stockholders' Agreement, dated as of July 21, 1999, by and among the Company, KIA V, KEP V and the other stockholders party thereto (which agreement was terminated on the Closing Date).
The individuals designated for nomination and election by KIA V or Charter, as the case may be, pursuant to this Section 9 may be changed from time to time by KIA V or Charter, as the case may be.
The notice to KIA V shall be adequate such that KIA V may properly nominate such Nominees in accordance with the applicable terms of the Certificate (and after the Closing, the Amended Certificate) and bylaws of the Company as in effect at the particular time.
Each of KIA V and KEP V is the lawful owner of and has full authority to own the shares of Class B Common Stock and Class C Common Stock owned by it as set forth on Schedule 1 and, as of the Closing Date, has good title thereto, free and clear of all liens, claims, restrictions, limitations, security interests and encumbrances of any kind.