Examples of Public Offering Entity in a sentence
In addition, the Company hereby acknowledges that certain directors and officers affiliated with the Public Offering Entity may have certain rights to indemnification, advancement of expenses and/or insurance provided by the Public Offering Entity or certain of its Affiliates (collectively, the “Investor Indemnitors”).
In the case of an Offer proposed by the Public Offering Entity, the Public Offering Entity will use its commercially reasonable efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit the Class A Unitholders to participate in such Offer to the same extent or on an economically equivalent basis as the holders of shares of Class A Common Stock without discrimination.
Notwithstanding anything to the contrary in this Section 6.8, the Public Offering Entity may disclose any Confidential Information pursuant to any disclosure obligation under any applicable law or stock exchange rule with no obligation to provide written notice to the Company or any other Member to whom such Confidential Information relates.
Nothing herein shall be construed as a requirement for the Public Offering Entity or the Company to settle the Exchange for cash.
The Company shall bear its own expenses and the expenses of the Public Offering Entity and each exchanging Class A Unitholder in connection with the consummation of any Exchange, whether or not any such Exchange is ultimately consummated, except that the Public Offering Entity shall bear any transfer taxes, stamp taxes or duties, or other similar taxes in connection with, or arising by reason of, any Exchange.
Any shares of Class B Common Stock or Class C Common Stock, as applicable, surrendered in an Exchange shall automatically be deemed cancelled without any action on the part of any Person, including the Public Offering Entity, upon the relevant Exchange Date or Mandatory Exchange Date, as applicable.
Any Class A Common Units surrendered in an Exchange shall automatically be deemed held by the Public Offering Entity thereafter without any action on the part of any Person, including the Company.
Any Director will be removed from the Board, with or without Cause, at the written request of the Public Offering Entity and under no other circumstances.
Nothing in this Agreement shall be construed or applied to preclude or restrain the Public Offering Entity from adopting, modifying or terminating stock incentive plans for the benefit of employees, directors or other business associates of the Public Offering Entity, the Company or any of their respective Affiliates.
Vacancies in the position of Manager occurring for any reason shall be filled by the Public Offering Entity (or, if the Public Offering Entity has ceased to exist without any successor or assign, then by the holders of a majority in interest of the voting capital stock of the Public Offering Entity immediately prior to such cessation).