Substantial Investor definition

Substantial Investor means a new investor who, individually or together with such investor’s Affiliates, invests in the aggregate at least $100 million in New Common Stock in the reorganized Company in connection with the Plan, which shall include Eastshore (to the extent it qualifies as such in the Air Wisconsin DIP Agreement) and, if the Closing occurs, the Investor. For purposes of the definition in the immediately preceding sentence, an investor and its Affiliates shall be deemed one and the same Substantial Investor if they satisfy the criteria of such definition.
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Substantial Investor means NGN Capital and Wexford Capital together with any successor entities or affiliates of any of the foregoing.
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Substantial Investor means any Shareholder holding such number of Ordinary Shares as is equal to (and including) 35 per cent. or more of the total number of Ordinary Shares on a fully diluted basis;
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Examples of Substantial Investor in a sentence

  • All Independent Directors designated by the Investor or any Substantial Investor shall be qualified as such by the nominating committee of the Board, subject to the right of such Investor or Substantial Investor to veto any Independent Director not designated by such Investor or Substantial Investor, respectively.

  • The “Beneficial Ownership Limitation” shall be 4.99% (or, at the election of any Purchaser beneficially owning in excess of 4.99% of the Ordinary Shares, 9.99%, 19.99%, or 24.99% only if the Purchaser is an Existing Substantial Investor) of the number of Ordinary Shares outstanding immediately after giving effect to the issuance of the Securities on the Closing Date.

  • It will furnish promptly to each Substantial Investor such other documents, reports and financial data as such Substantial Investor may reasonably request.

  • If the Company proposes to issue any Equity Securities, it shall give each Substantial Investor written notice of its intention, describing the Equity Securities, the price and the terms and conditions upon which the Company proposes to issue the same.

  • It will promptly notify each Substantial Investor of any known material adverse change in the business, properties, assets or condition, financial or otherwise, of the Company, and of any known litigation or governmental proceeding pending or, to the best knowledge of the Company, threatened against the Company or against any officer or key employee of the Company.

  • Promptly upon preparation thereof, the Company will furnish to each Substantial Investor any other budgets that the Senior Executives of the Company may prepare and any revisions of such previously furnished budgets.

  • Each Substantial Investor shall have fifteen (15) days from the giving of such notice to agree to purchase its pro rata share of the Equity Securities for the price and upon the terms and conditions specified in the notice by giving written notice to the Company and stating therein the quantity of Equity Securities to be purchased.

  • The rights and duties of the non-voting board observer of each Substantial Investor shall arise solely out of this Agreement, and neither such observer nor any Substantial Investor shall be deemed to owe any fiduciary duties to the Company or any of its shareholders by reason of such rights.

  • All Independent Directors shall be qualified as such by the Nominating Committee, subject to the right of the Lender and each Substantial Investor to veto any Independent Director not designated by the Lender or a Substantial Investor.

  • It will, upon reasonable prior notice, make available to each Substantial Investor or such Substantial Investor's representatives or designees during normal business hours (a) all assets, properties and business records of the Company for inspection and copying and (b) the directors, officers and employees of the Company for interviews concerning the business, affairs and finances of the Company.


More Definitions of Substantial Investor

Substantial Investor at any time means an Investor who then holds at least 5% of the Common Shares on a Fully Diluted Basis (other than Oaktree or any Affiliate of Oaktree, at any time when the Oaktree Shares represent at least the Threshold Amount, and other than RBS or any Affiliate of RBS, at any time when the RBS Shares represent at least the Threshold Amount).
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Substantial Investor means NGN Capital, Wexford Capital and Erasmus New York City Growth Fund, LP. ("Erasmus") together with any successor entities or affiliates of any of the foregoing. The rights in this Section 4.15 shall expire as to (i) Wexford Capital when Wexford Capital, together with any successor entities or affiliates, no longer holds any of the Shares originally issued to Wexford Capital pursuant to this Agreement, (ii) NGN Capital when NGN Capital, together with any successor entities or affiliates, no longer holds any of the Shares originally issued to NGN Capital pursuant to this Agreement, and (iii) Erasmus when Erasmus, together with any successor entities or affiliates, no longer holds any of the Shares originally issued to Erasmus pursuant to this Agreement.
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Substantial Investor means a new investor who invests at least $100 million in the Reorganized Parent in connection with the Chapter 11 Plan.
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