Examples of KKR Investor in a sentence
Such loan notes shall be transferred by Equitix Holdco to Aqueduct Newco 2 Limited, an indirectly wholly-owned subsidiary of Bidco (the “KKR Investor”), in consideration for the KKR Investor procuring the issuance of the AssetCo Issuance Shares to Equitix Holdco.
Such appointment right will be rotated annually (or as otherwise agreed by the TPG Investor Entities (as a group) and the KKR Investor) between the TPG Investor Entities (as a group) and the KKR Investor, in the following order of rotation: the TPG Investor Entities (as a group), then the KKR Investor.
In connection with the Equitix Acquisition, the KKR Investor and Equitix Holdco have entered into a shareholders’ agreement on the date of this Announcement, which will take effect from completion of the Equitix Acquisition (the “Shareholders’ Agreement”).
A quorum for meetings of the Board shall consist of a majority of the total number of Directors then in office; provided that, so long as the applicable terms of the Stockholders Agreement are then in effect, such majority must include at least one CD&R Investor Director and one KKR Investor Director (each as defined in the Stockholders Agreement) for so long as each of the CD&R Investor and KKR Investor (each as defined in the Stockholders Agreement) is entitled to designate a Director for nomination.
The KKR Investor and Equitix Holdco have agreed to obtain the affirmative consent of the other shareholder (for so long as that shareholder holds an equity percentage of ordinary and voting shares of at least 25 per cent.
Any existing letters of credit that have been issued under the existing financing arrangements of the Xxxx Xxxxx Group to support obligations relating to the AssetCo Group shall be backstopped and/or replaced by the KKR Investor and Equitix Holdco pro rata to their ownership interest in the ordinary shares of Xxxx Xxxxx Investments Limited from time to time.
For purposes of calculating the number of Directors that the KKR Investor is entitled to designate pursuant to the immediately preceding sentence, any fractional amounts shall automatically be rounded up to the nearest whole number (e.g., one and one quarter (1 and 1/4) Directors shall equate to two (2) Directors), and any such calculations shall be made after taking into account any increase in the Total Number of Directors.
The Shareholders’ Agreement governs the terms of the KKR Investor and Equitix Xxxxxx’s shareholding in Xxxx Xxxxx Investments Limited and the rights and obligations of each shareholder in respect of the governance of Xxxx Xxxxx Investments Limited and the AssetCo Group.
The right of nomination conferred on each of the TPG Investor Entities, the KKR Investor and REA as aforesaid shall include the right of such Shareholder Party to request the removal at any time of such person nominated by it as a Board Observer, the right to nominate a substitute Board Observer and the right of that Shareholder Party at any time and from time to time to determine the period during which such person shall hold the position of the Board Observer.
For so long as the KKR Investor has the right to designate at least one (1) Director pursuant to Section 2.1, the KKR Investor shall have the right, but not the obligation, to designate one member of each committee of the Board; provided that the right of any Director to serve on a committee shall be subject to applicable Law and the Company’s obligation to comply with any applicable independence requirements of the Stock Exchange.