Principal Unitholder definition

Principal Unitholder means each of Teck Cominco and OTPP (and their respective affiliates that own Units) for so long as such entity continues to be party to an effective Governance Agreement;
Sample 1Sample 2Sample 3
Principal Unitholder has the meaning ascribed in Section 12.7(b) hereof.
Sample 1Sample 2Sample 3
Principal Unitholder means any corporation, Person or other entity which is the beneficial owner, directly or indirectly, of five percent (5%) or more of the outstanding Units of any outstanding class or series and shall include any affiliate or associate, as such terms are defined in clause (ii) below, of a Principal Unitholder, and any affiliated person, as such term is defined in Section 2(a)(3)(i)-(iii) of the 1940 Act, of such Principal Unitholder, but shall not include the Fund’s investment adviser, any affiliated person of the Fund’s investment adviser or any investment company managed by the Fund’s investment adviser. For the purposes of this Section, in addition to the Units which a corporation, Person or other entity beneficially owns directly, (a) any corporation, Person or other entity shall be deemed to be the beneficial owner of any Units (i) which it has the right to acquire pursuant to any agreement or upon exercise of conversion rights or warrants, or otherwise (but excluding unit options granted by the Trust) or (ii) which are beneficially owned, directly or indirectly (including Units deemed owned through application of clause (i) above), by any other corporation, Person or entity with which such corporation, Person or other entity or any “affiliate” or “associate” (as defined below) thereof has any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of Units, or which is an “affiliate” or “associate” as those terms are defined in Rule 12b-2 of the General Rules and Regulations under the Securities Exchange Act of 1934 of such corporation, Person or other entity, and (b) the outstanding Units shall include Units deemed owned through application of clauses (i) and (ii) above but shall not include any other Units which may be issuable pursuant to any agreement, or upon exercise of conversion rights or warrants, or otherwise.
Sample 1Sample 2

Examples of Principal Unitholder in a sentence

  • Except as limited by applicable Law, expenses incurred by an Indemnitee in defending any proceeding (except a proceeding by or in the right of the Company or any Principal Unitholder against such Indemnitee) will be paid by the Company in advance of the final disposition of the proceeding, upon receipt of a written undertaking by or on behalf of such Indemnitee to repay such amount if such Indemnitee is determined pursuant to this Section 8.01 or adjudicated to be ineligible for indemnification.

  • This Agreement shall terminate automatically upon the complete liquidation of the Company or an agreement for the sale, lease or other disposition by the Company of all or substantially all of the Company’s assets, or otherwise with the written consent of each Principal Unitholder; provided that such transaction is duly approved pursuant to, and complies with, the other provisions of this Agreement.

  • Any indemnification pursuant to this Section 8.01 shall be made only out of the assets of the Company and shall not cause any Principal Unitholder to incur any personal liability or result in any liability of any Principal Unitholder to any third party.

  • The Tag Along Right may be exercised by each other Principal Unitholder by delivery of a written notice to the Transferring Unitholder (the “Tag Along Exercise Notice”) within ten (10) days following receipt of the Tag Along Notice.

  • The Unitholders agree that in the event of an IPO, the Company will enter into a registration rights agreement with each Principal Unitholder containing customary provisions for a transaction of this type, including the right of each Principal Unitholder to make customary demand registration requests, piggyback registration requests, and when the Company is eligible for shelf registration, continuous shelf registration requests, subject to customary carve-back provisions and other exceptions.

  • Notwithstanding anything to the contrary in this Agreement, the ECP Managers or the Dynegy Managers, as applicable, shall have the sole power and authority to cause the Company to take (or refrain from taking) any action with respect to the enforcement of the Company’s and its Subsidiaries’ rights against the Principal Unitholder (or its Affiliates) that did not appoint such Managers in respect of any contract between the Company or any of its Subsidiaries and such Principal Unitholder (or its Affiliates).

  • If requested by any Principal Unitholder in writing, the Company shall promptly provide such Principal Unitholder with a duly executed statement pursuant to Treasury Regulation Section 1.897-2(h) informing such Principal Unitholder whether or not the Units constitute a “United States real property interest” (and shall comply with the related notice requirements in Treasury Regulation Section 1.897-2(h)(2)).

  • For a period of three years following the Closing, each Principal Unitholder shall not, either directly or indirectly as a stockholder, investor, partner, consultant, employee, or otherwise, engage in any business anywhere in the world which is competitive with the Business.

  • Confidential Information will not include information that is or becomes publicly available without fault of a Principal Unitholder or is otherwise generally known in the general industry of the Company.

  • Each Principal Unitholder agrees that the duration and geographic scope of the non-competition provision set forth in this paragraph are reasonable.


More Definitions of Principal Unitholder

Principal Unitholder means any corporation, Person or other entity which is the beneficial owner, directly or indirectly, of five percent (5%) or more of the outstanding Units of any outstanding class or series and shall include any affiliate or associate, as such terms are defined in clause (ii) below, of a Principal Unitholder. For the purposes of this Section, in addition to the Units which a corporation, Person or other entity beneficially owns directly, (a) any corporation, Person or other entity shall be deemed to be the beneficial owner of any Units (i) which it has the right to acquire pursuant to any agreement or upon exercise of conversion rights or warrants, or otherwise (but excluding Unit options granted by the Trust) or (ii) which are beneficially owned, directly or indirectly (including Units deemed owned through application of clause (i) above), by any other corporation, Person or entity with which its "affiliate" or "associate" (as defined below) has any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of Units, or which is its
Sample 1

Related to Principal Unitholder

  • Unitholder means a person holding units in the scheme of the Mutual Fund.

  • Common Unitholder means a Member who is the registered holder of Common Units.

  • Principal Holder means a person who, directly or indirectly, beneficially owns or controls 10% or more of any class of voting securities of the Corporation.

  • Class B Member means a Member holding one or more Class B Ordinary Shares.

  • LTIP Unitholder means a Partner that holds LTIP Units.

  • Class B Interest Each of the Class B-1 and Class B-2 Interests.

  • Unit Holder means a person holding units in the scheme of the Mutual Fund.

  • Class B LP Units means, collectively, the Class B limited partnership units of the Partnership, and “Class B LP Unit” means any one of them.

  • Interest Holder means any Person who holds an Interest, whether as a Member or as an unadmitted assignee of a Member.

  • Class B Limited Partner means any Person executing (by power of attorney or otherwise) this Agreement as of the date hereof as a Class B Limited Partner or hereafter admitted to the Partnership as a Class B Limited Partner as herein provided, but shall not include any Person who has ceased to be a Class B Limited Partner in the Partnership.

  • Limited Partnership Interest means the ownership interest of a Limited Partner in the Partnership at any particular time, including the right of such Limited Partner to any and all benefits to which such Limited Partner may be entitled as provided in this Agreement and in the Act, together with the obligations of such Limited Partner to comply with all the provisions of this Agreement and of the Act.

  • Class C Member means a Member holding the Class C Ordinary Share.

  • Limited Partner means, prior to the admission of the first Additional Limited Partner to the Partnership, the Initial Limited Partner, and thereafter any Person named as a Limited Partner in Exhibit A, as such Exhibit may be amended from time to time, upon the execution and delivery by such Person of an additional limited partner signature page, or any Substituted Limited Partner or Additional Limited Partner, in such Person’s capacity as a Limited Partner of the Partnership.

  • body in which the relevant person has a beneficial interest means a firm in which the relevant person is a partner or a body corporate of which the relevant person is a director, or in the securities of which the relevant person has a beneficial interest;

  • Class A Shareholder means a holder of Class A Shares;

  • Class B Membership Interest means a Class B Membership Interest in Holdings.

  • Investor Limited Partner means any Limited Partner so designated at the time of its admission as a partner of the Partnership.

  • Substantial Holder means a Person (including, without limitation, any group of Persons treated as a single “entity” within the meaning of the Treasury Regulation Section 1.382-3) holding Corporation Securities, whether as of the Effective Date, after giving effect to the Plan, or thereafter, representing a Percentage Stock Ownership (including indirect ownership, as determined under applicable Treasury Regulations) in the Corporation of at least 4.75%.

  • General Partnership Interest means a Partnership Interest held by the General Partner that is a general partnership interest.

  • Limited Partner Interest means a Partnership Interest of a Limited Partner in the Partnership representing a fractional part of the Partnership Interests of all Limited Partners and includes any and all benefits to which the holder of such a Partnership Interest may be entitled as provided in this Agreement, together with all obligations of such Person to comply with the terms and provisions of this Agreement. A Limited Partner Interest may be expressed as a number of Partnership Common Units, Partnership Preferred Units or other Partnership Units.

  • substantial shareholder means a person who is entitled to exercise, or to control the exercise of, 10% or more (or such other percentage as may be prescribed by the Listing Rules) of the voting power at any general meeting of the Company;

  • Class B Investor Interest means, on any date of determination, an amount equal to (a) the Class B Initial Investor Interest, minus (b) the aggregate amount of principal payments made to Class B Certificateholders prior to such date, minus (c) the aggregate amount of Class B Investor Charge-Offs for all prior Transfer Dates pursuant to subsection 4.10(b), minus (d) the amount of the Reallocated Class B Principal Collections allocated pursuant to subsection 4.12(a) on all prior Transfer Dates for which the Collateral Interest Amount has not been reduced, minus (e) an amount equal to the amount by which the Class B Investor Interest has been reduced on all prior Transfer Dates pursuant to subsection 4.10(a) and plus (f) the aggregate amount of Excess Spread allocated and available on all prior Transfer Dates pursuant to subsection 4.11(d) for the purpose of reimbursing amounts deducted pursuant to the foregoing clauses (c), (d) and (e); provided, however, that the Class B Investor Interest may not be reduced below zero.

  • Class B Stockholder means (i) the registered holder of a share of Class B Common Stock at the Effective Time and (ii) the initial registered holder of any shares of Class B Common Stock that are originally issued by the Corporation after the Effective Time.

  • Potential Beneficial Owner means a customer of a Broker-Dealer or a Broker-Dealer that is not a Beneficial Owner of shares of AMPS but that wishes to purchase such shares, or that is a Beneficial Owner that wishes to purchase additional shares of AMPS.

  • Trust Beneficial Owner means Global Funding, in its capacity as the sole beneficial owner of the Trust, and its successors.

  • Class B Interests As set forth in the Trust Agreement.