Stockholder Capacity definition
Stockholder Capacity is the then existing capacity above what is needed by the Company to divert, transport or store Company System Water, i.e. at any given time, the difference between the maximum physical safe capacity of any structure of the Company (as determined by the Board of Directors) and the volume of water diverted, transported or stored through or in said structure for the Company’s operational obligations, which include the diversion and delivery of Company Water, and any existing obligations of the Company to deliver water pursuant to agreements in existence prior to the date of execution of this Agreement. Stockholder Capacity shall be determined by the Board of Directors as frequently as is necessary in the Board’s discretion. The Board may also revise this determination in its discretion as necessary to protect the Company, its stockholders, and its infrastructure and surrounding properties and structures from damage. Stockholder Capacity is Second Priority in the priority system described in the Fort ▇▇▇▇▇▇▇ Agreements.
Examples of Stockholder Capacity in a sentence
Section 6.1 Governing Law; Jurisdiction; Venue; Waiver of Jury Trial 6 Section 6.2 Specific Performance 7 Section 6.3 Stockholder Capacity 7 Section 6.4 No Ownership Interest 7 Section 6.5 Assignment; No Third Party Beneficiaries 7 Section 6.6 Amendments, Waivers, etc.
Action by Stockholder Capacity Only 13 TENDER AND SUPPORT AGREEMENT, dated as of September 8, 2014 (this “Agreement”), by and among General ▇▇▇▇▇, Inc., a Delaware corporation (“Parent”), ▇▇▇▇▇ Acquisition Corporation, a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”), and each of the stockholders of Annie’s, Inc., a Delaware corporation (the “Company”), named in Schedule 1 attached hereto (each, a “Principal Holder”).