Primary Investor definition

Primary Investor means RW LSG Holdings LLC and its Affiliates.

Primary Investor means Pegasus Capital Advisors, L.P. and its Affiliates.

Primary Investor means (i) so long as Pegasus and Riverwood both continue to beneficially own all of the Preferred Shares acquired thereby, both Pegasus and Riverwood, (ii) in the event either Pegasus or Riverwood, but not both, continues to beneficially own all of the Preferred Shares acquired thereby, whichever one of Pegasus and Riverwood that continues to beneficially own all such Preferred Shares, (iii) in the event that both Pegasus and Riverwood beneficially own less than all of the Preferred Shares acquired thereby, (x) Pegasus to the extent that Pegasus continues to beneficially own at least 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares) and (y) Riverwood to the extent that Riverwood continues to beneficially own at least 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares). To the extent that both (A) Pegasus beneficially owns fewer than 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares) and (B) Riverwood beneficially owns fewer than 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares), there shall be no Primary Investor. For purposes of the foregoing definition and the determination of the number of Preferred Shares beneficially owned by Pegasus or Riverwood, beneficial ownership of shares of Common Stock, as adjusted for any Reclassification thereof, issued upon conversion of Preferred Shares on an as-converted basis shall be treated as beneficial ownership of Preferred Shares.

Examples of Primary Investor in a sentence

• For the avoidance of doubt, the Corporation shall not have the right to effect an optional conversion pursuant to this Section 4(c) so long as Primary Investor continues to beneficially own any Preferred Shares.

• Any provision of this Certificate of Designation may be waived in a written instrument executed by the waiving party including, without limitation, a waiver by Primary Investor in accordance with the third sentence of Section 10(a).

• Since the Capitalization Date, except pursuant to this Agreement and the Primary Investor Transactions, the Company has not issued any shares of Common Stock other than (i) shares issued upon the exercise of stock options or delivered under other equity-based awards or other convertible securities or warrants which were issued and outstanding on the Capitalization Date and disclosed on Schedule A and (ii) shares disclosed on Schedule A.

• Any director designee(s) elected or appointed as a result of a Control Event may only be removed by Primary Investor and, upon such removal or otherwise following such director designees’ resignation, death, or disqualification, Primary Investor shall be permitted to appoint a replacement for any such director.

• All actions taken by such directors appointed by Primary Investor shall be in accordance with applicable Federal and State laws.

More Definitions of Primary Investor

Primary Investor means Golden Post Rail, LLC, a Texas limited liability company, Matthew K. Rose and his heirs, or any charitable organization or foundation.

Primary Investor shall have the meaning set forth in the preamble.

Primary Investor means Acacia Partners, L.P.

Primary Investor means The Spruce House Partnership LP, a Delaware limited partnership.

Primary Investor means either Chancery Lane or GSC, as applicable.

Primary Investor means (i) so long as Pegasus and Riverwood each continue to beneficially own, without ever owning less than such amount, a number of Preferred Shares equal to or greater than the number of Preferred Shares acquired by each of them on September 11, 2013, both Pegasus and Riverwood, (ii) in the event either Pegasus or Riverwood, but not both, continues to beneficially own, without ever owning less than such amount, a number of Preferred Shares equal to or greater than the number of Preferred Shares acquired thereby on September 11, 2013, whichever one of Pegasus and Riverwood that continues to beneficially own such amount, (iii) in the event that both Pegasus and Riverwood beneficially own less than a number of Preferred Shares equal to the number of Preferred Shares acquired thereby on September 11, 2013, at any time, (x) Pegasus to the extent that Pegasus continues to beneficially own at least 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares) and/or (y) Riverwood to the extent that Riverwood continues to beneficially own at least 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares), and (iv) otherwise, there shall be no Primary Investor. For purposes of the foregoing definition and the determination of the number of Preferred Shares beneficially owned by Pegasus or Riverwood, beneficial ownership of shares of Common Stock, as adjusted for any Reclassification thereof, issued upon conversion of Preferred Shares on an as-converted basis shall be treated as beneficial ownership of Preferred Shares so long as Pegasus or Riverwood, as applicable, continues to beneficially own, without ever owning less than such amount, at least 1,750 Preferred Shares (as adjusted for any Reclassification of Preferred Shares).

Primary Investor means with respect to each Investor Group, each Conduit Investor, and to the extent that an Investor Group does not contain a Conduit Investor, each Investor in such Investor Group.