Public Equity Securities definition

Public Equity Securities means equity securities of a class which is registered pursuant to Section 12 of the Securities Exchange Act of 1934, as amended.

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Public Equity Securities means (i) general partner interests (or securities which have characteristics similar to general partner interests) and incentive distribution rights or similar rights in publicly traded partnerships or interests in Persons that own or control such general partner or similar interests (collectively, “GP Interests”) and securities convertible, exercisable, exchangeable or otherwise representing ownership or control of such GP Interests and (ii) incentive distribution rights and limited partner interests (or securities which have characteristics similar to incentive distribution rights or limited partner interests) in publicly traded partnerships or interests in Persons that own or control such limited partner or similar interests (collectively, “non-GP Interests”); provided that such non-GP Interests are owned by the owners of the GP Interests being acquired or their respective Affiliates.

Public Equity Securities means publicly traded equity Securities that are acquired in an open market transaction, except for Securities that (i) are not publicly traded at the time of acquisition, (ii) are acquired in a privately negotiated transaction, (iii) are acquired in connection with the restructuring of an Investment, (iv) are acquired upon conversion or exercise of warrants, options or other rights held by the Partnership or (v) are related to debt Securities held (or proposed to be acquired) by the Partnership shall not be considered “Public Equity Securities” for purposes of this Agreement.

Examples of Public Equity Securities in a sentence

As soon as practicable, but in any event within 30 days after receipt of such notification and information, Holdings shall notify the Partnership Parties that either (i) Holdings has elected, with the approval of a majority of the members of the Conflicts Committee, not to cause Holdings to pursue the opportunity to acquire such Public Equity Securities, or (ii) Holdings has elected to pursue the opportunity to acquire such Public Equity Securities.
If at any time Holdings abandons such opportunity, as evidenced (x) in writing by Holdings, or (y) by Holdings’ failure to consummate the acquisition of the Public Equity Securities within one year of the Public Equity Securities Notice, the Partnership Parties shall have the unrestricted right to pursue such opportunity.
Other than as set forth in Section 2.2 with respect to Logistics Businesses, Holdings shall have no obligation to present any business opportunity (including, but not limited to, Public Equity Securities) to the Partnership Parties and their Affiliates.
Other than as set forth Section 2.1 with respect to Public Equity Securities, none of the Partnership Parties shall have any obligation to present any business opportunity (including, but not limited to, Logistics Businesses) to Holdings and its Affiliates.
Other than as set forth in Section 2.1 with respect to Public Equity Securities, none of the Partnership Parties shall have any obligation to present any business opportunity (including, but not limited to, MLP Businesses) to Holdings.
Other than as set forth in Section 2.2 with respect to MLP Businesses, Holdings shall have no obligation to present any business opportunity (including, but not limited to, Public Equity Securities) to the Partnership Parties.
Subject to Subsection E below, no Stockholder shall voluntarily transfer, sell, assign, pledge, encumber, grant any option with respect to, or otherwise create any legal or equitable interest in any shares of Common Stock owned by it except pursuant to a sale of all or any part of such shares of Common Stock for cash, notes or Public Equity Securities (as hereinafter defined), or a combination of the three, made in accordance with Subsection B below.
Other than as set forth in Section 2.1 with respect to Public Equity Securities, none of the Partnership Parties shall have any obligation to present any business opportunity (including, but not limited to, Logistics Businesses) to Holdings and its Affiliates.

More Definitions of Public Equity Securities

Public Equity Securities means equity Securities of entities primarily involved in commercial real estate development or ownership and of a class which is registered pursuant to Section 12 of the Exchange Act or any similar regulation or law under any other jurisdiction, or warrants or other rights exercisable for such equity Securities.