Subject Holder has the meaning specified therefor in Section 2.4(e)(v) of the Agreement.
Subject Holder means any holder who, but for the second paragraph of Section 1 hereof, would beneficially own 10% or more of the outstanding Common Stock of the Company. The first holder of this Warrant, by taking and holding the same, represents to the Company that such holder is acquiring this Warrant for investment and not with a view to the distribution thereof.
Subject Holder. As defined in the definition of “Controlling Class Representative” in this Agreement.
Examples of Subject Holder in a sentence
Subject Holder means any holder who, but for the second paragraph of Section 1 hereof, would beneficially own 10% or more of the outstanding Common Stock of the Company.
No Subject Holder may Transfer all or any part of the Series C Preferred Stock or the Series B Preferred Stock held by such Subject Holder prior to December 31, 2014 (the “Trigger Date”), except in the case of a Transfer to a Permitted Transferee; provided, however, that, upon the Company’s receipt of prior written notice thereof from the Subject Holder, the Board of Directors may approve or reject a proposed Transfer other than to a Permitted Transferee prior to the Trigger Date in its sole discretion.
The Subject Holder also has the right to lodge a complaint to the supervisory authority, Garante, for the protection of personal data (www.garanteprivacy.it).
Prior to the Closing, Seller Parties will, or will cause a Seller Subsidiary to, acquire from each Subject Holder which owns or holds Common Stock, all shares of Common Stock owned or held by such Subject Holder, which shares of Common Stock will be included in the Seller Company Securities.
In furtherance of, and not in limitation of the foregoing, each of Purchaser and the Company hereby waives or shall cause to be waived any rights it might have under any Contract which would prevent or delay the transfer of Subject Company Options from each Subject Holder to a Seller Party or a Seller Subsidiary.
More Definitions of Subject Holder
Subject Holder has the meaning set forth in Section 3.8(b).
Subject Holder has the meaning specified therefor in Section 2.4(e)(v) of this Agreement. “Subsidiary” of a Person means a corporation, partnership, limited liability company, or other entity in which that Person directly or indirectly owns or controls the Equity Interests having ordinary voting power to elect a majority of the Board of Directors of such corporation, partnership, limited liability company, or other entity. “Supermajority Lenders” means, at any time, Revolving Lenders having or holding more than 66-2/3% of the aggregate Revolving Loan Exposure of all Revolving Lenders; provided, that (i) the Revolving Loan Exposure of any Defaulting Lender shall be disregarded in the determination of the Supermajority Lenders, and (ii) at any time there are two or more Revolving Lenders (who are not Affiliates of one another), “Supermajority Lenders” must include at least two Revolving Lenders (who are not Affiliates of one another or Defaulting Lenders). “Supported QFC” has the meaning specified therefor in Section 17.15 of this Agreement. “Swap Obligation” means, with respect to any Loan Party, any obligation to pay or perform under any agreement, contract or transaction that constitutes a “swap” within the meaning of section 1a(47) of the Commodity Exchange Act. “Swing Lender” means Xxxxx Fargo or any other Lender that, at the request of Borrowers and with the consent of Agent agrees, in such Xxxxxx’s sole discretion, to become the Swing Lender under Section 2.3(b) of this Agreement.
Subject Holder means any holder of Warrants who, but for the provisions of the immediately preceding Section and this Section, may be deemed to beneficially own 5% or more of the outstanding Common Stock of the Company and (ii) "PERMITTED SALE" means any sale or transfer (x) to the Company or to a shareholder or a group of shareholders who immediately prior to the sale control a majority of the Company's voting shares; (y) to an affiliate of such holder; or (z) in connection with any merger, consolidation, reorganization or sale of more than 50% of the outstanding Common Stock of the Company. The first holder of this Warrant, by taking and holding the same, represents to the Company that such holder is acquiring this Warrant for investment only and not with a view to the distribution thereof, except pursuant to sales that are exempt from the registration requirements of the Securities Act and/or sales registered under the Securities Act. 8.
Subject Holder means any Transferring Holder other than an Institutional Investor.
Subject Holder means each present or former (since February 15, 1995) director, officer or employee (whether full-time or part-time) of CHC, either Seller Party (or any predecessor of CHC or either Seller Party) or any Subsidiary of either Seller Party (other than the Company and its Subsidiaries), including any member of any such Person's immediate family, or any transferee of such Person, in each case, who owns or holds Company Securities. For purposes of clarification, any Person who is or was a director, officer or employee of CHC, either Seller Party or their respective Subsidiaries (other than the Company and its Subsidiaries) and is or was a director, officer or employee of the Company or any of its Subsidiaries will be a Subject Holder. Notwithstanding the foregoing, any individual set forth in Section 1.01 of the Company Disclosure Schedule is not a Subject Holder and the Company Securities listed opposite such Person's name on Section 1.01 of the Company's Disclosure Schedule shall not be Subject Company Securities.
Subject Holder has the meaning specified therefor in Section 2.4(e)(v) of this Agreement. “Subordinated Indebtedness” means any Indebtedness of any Loan Party or its Subsidiaries incurred from time to time that is subordinated in right of payment to the Obligations and is subject to a subordination agreement or contains terms and conditions of subordination that are acceptable to Agent in its Permitted Discretion. “Subsidiary” of a Person means a corporation, partnership, limited liability company, or other entity in which that Person directly or indirectly owns or controls the Equity Interests having ordinary voting power to elect a majority of the Board of Directors of such corporation, partnership, limited liability company, or other entity. “Supermajority Lenders” means, at any time, Revolving Lenders having or holding more than 66-2/3% of the aggregate Revolving Loan Exposure of all Revolving Lenders; provided, that (i) the Revolving Loan Exposure of any Defaulting Lender shall be disregarded in the determination of the Supermajority Lenders, and (ii) at any time there are two or more Revolving Lenders (who are not Affiliates of one another), “Supermajority Lenders” must include at least two Revolving Lenders (who are not Affiliates of one another or Defaulting Lenders). "Supported QFC" has the meaning specified therefor in Section 17.18 of this Agreement. “Swap Obligation” means, with respect to any Loan Party, any obligation to pay or perform under any agreement, contract or transaction that constitutes a “swap” within the meaning of section 1a(47) of the Commodity Exchange Act. “Syndication Agent” has the meaning set forth in the preamble to this Agreement. “Taxes” means any taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature now or hereafter imposed by any jurisdiction or by any political subdivision or taxing authority thereof or therein, and all interest, penalties or similar liabilities with respect thereto. “Tax Lender” has the meaning specified therefor in Section 14.2(a) of this Agreement.
Subject Holder has the meaning specified therefor in Section 2.4(e)(v) of this Agreement. “Subordinated Indebtedness” means any Indebtedness of any Loan Party or its Restricted Subsidiaries incurred from time to time that is subordinated in right of payment to the Obligations and is subject to a Subordination Agreement or contains terms and conditions of subordination that are acceptable to Agent. “Subordination Agreement” means a subordination agreement, in form and substance acceptable to Agent, duly executed by the holder of any Indebtedness.