Participating Purchaser means either the PECM Purchasers, collectively, or the Hudson Bay Purchaser.
Participating Purchaser will have the meaning set forth in Section 6.1.2.
Participating Purchaser shall have the meaning ascribed to such term in Section 2.3(b).
Examples of Participating Purchaser in a sentence
Each Participating Purchaser shall have delivered to the Company payment in accordance with Section 2.
Each of the Related Agreements shall have been executed and delivered by such Participating Purchaser.
In the event that the Shortfall Shares to be subscribed for by a Participating Purchaser is determined to include fractional shares, such Participating Purchaser shall be permitted to purchase the number of shares determined by rounding such Participating Purchaser's allocated number of Shortfall Shares to the nearest whole number.
Such Participating Purchaser shall have performed and complied with all agreements and conditions herein required to be performed or complied with by such Participating Purchaser on or before such Closing.
The representations and warranties in Section 4 made by each Participating Purchaser shall be true and correct at the date of such Closing with the same force and effect as if they had been made on and as of said date.
More Definitions of Participating Purchaser
Participating Purchaser. Any Purchaser who fails to invest at least 100% of such Purchaser’s Subsequent Loan Amount, Additional Subsequent Loan Amount, Third Subsequent Loan Amount, Fourth Subsequent Loan Amount, Fifth Subsequent Loan Amount, Sixth Subsequent Loan Amount or Seventh Subsequent Loan Amount is hereinafter referred to as a “Defaulting Purchaser.” Each Defaulting Purchaser hereby consents to an amendment to the Investor Rights Agreement (defined below) and/or the Stockholders’ Agreement, dated November 9, 2007, by and among the Company, the Investors listed on Schedule I attached thereto and the Principal Stockholders listed on Schedule II attached thereto (as amended and in effect from time to time) (the “Stockholders’ Agreement”), eliminating any rights such Defaulting Purchaser has under the Investor Rights Agreement and/or the Stockholders Agreement, including, but not limited to rights of notice, consent or participation. Notwithstanding the foregoing, any Purchaser shall be entitled to apportion the Subsequent Loan Amount, the Additional Subsequent Loan Amount, the Third Subsequent Loan Amount, the Fourth Subsequent Loan Amount, the Fifth Subsequent Loan Amount, the Sixth Subsequent Loan Amount or the Seventh Subsequent Loan Amount amongst itself and its Affiliates (as defined below) in such proportions as it deems appropriate. So long as the Purchaser, together with its Affiliates, invests 100% of such Purchaser’s Subsequent Loan Amount, Additional Subsequent Loan Amount, Third Subsequent Loan Amount, Fourth Subsequent Loan Amount, Fifth Subsequent Loan Amount, Sixth Subsequent Loan Amount and Seventh Subsequent Loan Amount, such Purchaser shall be deemed a Participating Purchaser and not a Defaulting Purchaser.
Participating Purchaser means either the PECM Purchasers, collectively, or the Hxxxxx Bay Purchasers.
Participating Purchaser shall have the meaning set forth in Section 3.5(b). “Partnership Minimum Gain” shall have the meaning set forth in Sections 1.704- 2(b)(2) and 1.704-2(d) of the Treasury Regulations. “Permitted Transferee” means (i) with respect to any Unitholder who is a natural person, a member of such Unitholder’s Family Group, (ii) with respect to any Unitholder which is an entity, any entity which is a Subsidiary of such Unitholder or any Person of which such Unitholder is a Subsidiary and (iii) with respect to any current or former Principal Investor, such current or former Principal Investor’s Affiliates (in each case, it being understood that any Transfer to such Persons shall be conditioned on the receipt of an undertaking by such Transferee to Transfer such Units back to the Transferor if such Transferee ceases to otherwise qualify as a Permitted Transferee); provided that portfolio companies of Xxxxxxx’x investment manager or any other financial sponsor whose funds become a Unitholder shall not be Permitted Transferees of such Unitholder. For the avoidance of doubt, none of the members of the Company Group shall be deemed a Permitted Transferee of Xxxxxxx or Providence. “Person” means an individual, a partnership, a corporation, a limited liability company, an association, a joint stock company, a trust, a joint venture, an unincorporated organization, any other business entity, or a Governmental Entity. “Plan” mean the Mercury Parent, LLC 2016 Value Unit Plan (as amended and in effect from time to time). “Preemptive Portion” shall have the meaning set forth in Section 3.5(a). “Preemptive Pro Rata Percentage” means, at any time, the percentage obtained by dividing the total number of Units then held by the applicable holder by the aggregate number of Units then held by all of the Unitholders who are Accredited Investors. “Preemptive Securities” shall have the meaning set forth in Section 3.5(a).
Participating Purchaser means any Eligible Purchaser who has requested a refund pursuant to the terms of the redress program administered pursuant to this Order.
Participating Purchaser is defined in the preamble.
Participating Purchaser means each of the Fortress Purchaser and the PECM Purchasers.
Participating Purchaser shall have the meaning set forth in Section 3.5(b).