Subsequent Holder definition
Examples of Subsequent Holder in a sentence
If the Lease is terminated as a result of a non-monetary default which was not caused by Manager Event of Default pursuant to the terms of this Agreement or such Subsequent Holder succeeds to the interest of Owner thereunder, the Mortgagee or Subsequent Holder, as applicable, and Manager shall agree that the Hotel will continue to be subject to this Agreement (but neither the Mortgagee nor Subsequent Holder will not be responsible to pay past due amounts hereunder).
In addition, and whether or not any express assignment shall have been made, the provisions of this Agreement which are for the benefit of the Holders shall also be for the benefit of and enforceable by any subsequent holder ("Subsequent Holders") of any Registrable Shares, except any Subsequent Holder with respect to Registrable Shares acquired in a public offering pursuant to a Registration Statement or an exemption from registration under Rule 144 under the Securities Act.
If any Initial Holder transfers all or any of its Notes to any person (a “Subsequent Holder”) other than an Affiliate in accordance with the foregoing sentence, such Subsequent Holder shall not be granted any Preemptive Rights under this Article XV.
Notwithstanding the foregoing, to the extent that after an exchange the Purchaser or any Subsequent Holder would own more than 9.9% of the total Company Common Shares issued and outstanding, the number of Company Common Shares that will be entitled to vote will be limited to that number that would equal no more than 9.9% of the total Company Common Shares issued and outstanding, unless such voting restriction is waived by the unanimous consent of the Board of Directors of the Company.
Upon written request, the Company and Max Re shall execute and deliver to any such Subsequent Holder agreements granting the rights conferred under this Section 7.