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 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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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.

  • 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.

  • 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.

  • 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 Company, promptly upon becoming aware thereof, shall ---------- notify each Substantial Investor in writing of any claim or litigation in which it is involved and of any proceedings before any governmental or regulatory authority which may materially and adversely affect the Company, any of its technology or any of its key employees.

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

  • Redemption Fee:1.00% of the current net asset value of shares purchased by a Substantial Investor (as such term is defined in then-current prospectuses) between July 31, 1997 and November 15, 1998, and redeemed within 18 months of purchase.

  • Concurrently with the furnishing of each report pursuant to Section 6.2(a) hereof, it will furnish to each Substantial Investor a certificate of an officer stating that to the best of such officer's knowledge the Company is not in default under, and has not breached, any agreements or obligations, including, without limitation, this Agreement, or if any such default or breach exists, specifying the nature thereof and what actions the Company has taken and proposes to take with respect thereto.

  • It will furnish to each Substantial Investor, as soon as practicable after issuance, copies of any financial statements or reports prepared by the Company for or otherwise furnished to its stockholders, the Commission or any other person or entity.

  • 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.


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 a new investor who invests at least $100 million in the Reorganized Parent in connection with the Chapter 11 Plan.
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Related to Substantial Investor

  • Substantial Holder means a Person (including, without limitation, any group of Persons treated as a single “entity” within the meaning of the Treasury Regulation Section 1.382-3) holding Corporation Securities, whether as of the Effective Date, after giving effect to the Plan, or thereafter, representing a Percentage Stock Ownership (including indirect ownership, as determined under applicable Treasury Regulations) in the Corporation of at least 4.75%.

  • substantial shareholder means a person who is entitled to exercise, or to control the exercise of, 10% or more (or such other percentage as may be prescribed by the Listing Rules) of the voting power at any general meeting of the Company;

  • Substantial interest means holding of a beneficial interest by an individual or his spouse or minor child, whether singly or taken together in the shares of a company, the amount paid up on which exceeds ten per cent of the paid up capital of the company; or the capital subscribed by all the partners of a partnership firm;

  • Substantial Stockholder means any Participant who at the time of grant owns directly or is deemed to own by reason of the attribution rules set forth in Section 424(d) of the Code, Shares possessing more than 10% of the total combined voting power of all classes of stock of HSI.

  • Substantial Block means a number of shares of the Voting Stock which has 15% or more of the aggregate voting power of all outstanding shares of Voting Stock.

  • Substantial Owner means any person or persons who own or hold a twenty-five percent (25%) or more percentage of interest in any business entity seeking a FPDCC Privilege, including those shareholders, general or limited partners, beneficiaries and principals; except where a business entity is an individual or sole proprietorship, Substantial Owner means that individual or sole proprietor.

  • Initial Investment : means the amount that you initially subscribed to invest into the Plan.

  • Initial Investors means (A) X.L. Insurance Company, Ltd.; (B) The Trident Partnership, L.P.; (C) Xxxxx & McLennan Risk Capital Holdings, Ltd.; or (D) any majority-owned subsidiary or parent (or equivalent in the case of a non-corporate entity) of the foregoing.

  • substantial owners means any individuals entitled to more than 10% of the profits of or with an interest of more than 10% in an entity either directly or indirectly.

  • Founder means, in respect of an issuer, a person who,

  • Substantial Breach means the following:

  • Competitor means any company, other entity or association or individual that directly or indirectly is engaged in the Company’s Business.

  • Potential Holder means any Broker-Dealer or any such other Person as may be permitted by the Corporation, including any Existing Holder, who may be interested in acquiring shares of AMPS (or, in the case of an Existing Holder, additional shares of AMPS).

  • Significant Stockholder means Allied Irish Banks, p.l.c., a limited liability company incorporated under the laws of Ireland having its registered office at Bankcentre, Ballsbridge, Dublin 4, Ireland, and any successor thereto.

  • Substantial cause means Employee’s (1) failure to substantially perform Employee’s duties; (2) material breach of this Agreement; (3) misconduct, including but not limited to, use or possession of illegal drugs during work and/or any other action that is damaging or detrimental in a significant manner to the Company; (4) conviction of, or plea of guilty or nolo contendere to, a felony; or (5) failure to cooperate with, or any attempt to obstruct or improperly influence, any investigation authorized by the Board of Directors or any governmental or regulatory agency.

  • Exempt Investor means any of the following Irish Residents: (i) the Administrator, for so

  • Significant Shareholder means a person or company that has beneficial ownership of, or control or direction over, whether direct or indirect, or a combination of beneficial ownership of, and control or direction over, whether direct or indirect, securities of an issuer carrying more than 10 per cent of the voting rights attached to all the issuer’s outstanding voting securities, excluding, for the purpose of the calculation of the percentage held, any securities held by the person or company as underwriter in the course of a distribution;

  • Significant Holder means (i) each Purchaser, so long as it shall hold (or be committed under this Agreement to purchase) any Note, or (ii) any other holder of at least 5% of the aggregate principal amount of the Notes from time to time outstanding.

  • Shareholder Associated Person of any Shareholder means (i) any person controlling, directly or indirectly, or acting in concert with, such Shareholder, (ii) any beneficial owner of shares of stock of the Corporation owned of record or beneficially by such Shareholder, and (iii) any person controlling, controlled by or under common control with such Shareholder Associated Person.

  • Passive Investor means a person that:

  • Principal Stockholder means, collectively, (i) the Sponsor and (ii) any affiliate or successor of a person referenced in clauses (i) and (ii) of this definition.

  • Substantial Amount means, at the time of determination thereof, an amount in excess of 30.0% of total consolidated assets (exclusive of depreciation) at such time of the Borrower and its Subsidiaries determined on a consolidated basis.

  • Stockholder Associated Person of any stockholder means (A) any person controlling, directly or indirectly, or acting in concert with, such stockholder, (B) any beneficial owner of shares of stock of the Corporation owned of record or beneficially by such stockholder or (C) any person directly or indirectly controlling, controlled by or under common control with such Stockholder Associated Person.

  • Potential Beneficial Owner means a customer of a Broker-Dealer or a Broker-Dealer that is not a Beneficial Owner of APS but that wishes to purchase such shares, or that is a Beneficial Owner that wishes to purchase additional APS.

  • Permitted Transferees means a person or entity to whom a Holder of Registrable Securities is permitted to transfer such Registrable Securities prior to the expiration of the Founder Shares Lock-up Period or Private Placement Lock-up Period, as the case may be, under the Insider Letter and any other applicable agreement between such Holder and the Company, and to any transferee thereafter.