Principal Selling Stockholder definition
Examples of Principal Selling Stockholder in a sentence
This indemnity agreement will be in addition to any liability which such Principal Selling Stockholder may otherwise have.
The number of Option Shares contributed by each Principal Selling Stockholder shall be determined by multiplying the aggregate number of Option Shares to be purchased by a fraction, the numerator of which is the number of Option Shares as set forth opposite the name of such Principal Selling Stockholder in Schedule 2 hereto and the denominator of which is the total number of Option Shares available as set forth in Schedule 2 hereto.
The foregoing restriction is expressly agreed to preclude the holder of the Securities from engaging in any hedging, pledge or other transaction which is designed to or reasonably expected to lead to or result in any Disposition of any Securities during the Lock-Up Period even if such Securities are owned by a person other than the Principal Selling Stockholder and/or would be disposed of by someone other than the Principal Selling Stockholder.
Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 4,750,000 Firm Shares and (ii) the Principal Selling Stockholder agrees to sell to the several Underwriters an aggregate of 500,000 Firm Shares.
The indemnity agreement set forth in this Section 7(a) shall be in addition to any liabilities that the Company and the Principal Selling Stockholder may otherwise have.
In no event shall the liability of any Principal Selling Stockholder for indemnification under this Section 9(a) or for breach of representations and warranties under this Agreement exceed the proceeds received by such Principal Selling Stockholder from the Underwriters in the offering.
Furthermore, the Principal Selling Stockholder hereby agrees and consents to the entry of stop transfer instructions with the Company's transfer agent against the transfer of the Securities held by the Principal Selling Stockholder except in compliance with this SECTION 5(k).
Section 4.1 If the Parties are, after negotiation in good faith, unable to ----------- agree upon the appropriate application of this Agreement, the controversy shall be settled by the accounting firm (the "Accounting Firm") remaining on the list of firms set forth on Schedule A hereto after the Company and the Principal Selling Stockholder, commencing with the Principal Selling Stockholder, shall have objected seriatim to the other firms on the list.
The terms of the Lock-up Agreement to be executed by the Principal Selling Stockholder shall apply to the Common Shares held by Hospitality Entertainment, L.L.C.
In the event that the Underwriters are unable to (or believe that they will be unable to) obtain such reimbursement from the Company, the Underwriters may then seek reimbursement from the Principal Selling Stockholder.