Participating Purchaser definition

Participating Purchaser means either the PECM Purchasers, collectively, or the Hudson Bay Purchaser.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

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 of the Related Agreements shall have been executed and delivered by such Participating Purchaser.
Each Participating Purchaser shall have delivered to the Company payment in accordance with Section 2.
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.
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.
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.

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 or Fifth 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 or the Fifth 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 and the Fifth 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 ▇▇▇▇▇▇ Bay Purchaser.

Participating Purchaser has the meaning set forth in Section 2.1(d)(i).

Participating Purchaser means a Purchaser fully participating in a Tranche II Purchase.

Participating Purchaser is defined in the preamble. The Company understands that the Participating Purchaser is entering into this Agreement on behalf of the Accounts.

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 means each of the Fortress Purchaser and the PECM Purchasers.