Tendering Stockholder definition

Tendering Stockholder. As defined in Section 3.4(a) hereof.
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Tendering Stockholder means each Stockholder (including any Warrantholder) that has delivered to the Company, a Letter of Transmittal and Surrendered Certificate(s) with respect to the Outstanding Common Shares and/or Outstanding Preferred Shares, as applicable, held by such Stockholder.
Sample 1Sample 2
Tendering Stockholder means each Stockholder that has delivered to the Company, a Letter of Transmittal and Surrendered Certificate(s) with respect to the Outstanding Company Common Shares and/or Outstanding Company Preferred Shares, as applicable, held by such Stockholder.
Sample 1Sample 2

Examples of Tendering Stockholder in a sentence

  • If the Tendering Stockholder does not have a trading account with a stockbroker accredited by the PSE, it/he/she must also open and maintain a trading account with the Tender Offer Agent or any stockbroker accredited by the PSE within the Tender Offer Period.

  • The delivery by the Company of an Exercise Notice and deposit of funds as provided above will, except as provided below, constitute an irrevocable agreement by the Company to purchase, and the Tendering Stockholder to sell, the Tendered Shares in accordance with the terms of this Section 2.2, whether or not the Offer or any other tender or exchange offer (a "Competing Tender Offer") for Equity Securities that was outstanding during the Offer is consummated.

  • Each Stockholder (any such Stockholder shall, for purposes of this Section 2.2, be referred to as a "Tendering Stockholder") shall have the right to sell or exchange all its Equity Securities pursuant to a tender or exchange offer for the Equity Securities (an "Offer").

  • SMIC or the Tender Offer Agent reserves the right to require presentation or submission of any additional documents for the purpose of, among others, enabling SMIC or the Tender Offer Agent to determine from any Tendering Stockholder (or any person acting on its behalf, including any Participating Broker) the validity, eligibility, and acceptability of any common shares in 2GO tendered pursuant to the Tender Offer.

  • If the Tendering Stockholder rescinds its Tender Notice pursuant to the immediately preceding sentence, the Company's Exercise Notice with respect to such Offer shall be deemed to be immediately rescinded and the Tendering Stockholder's disposition of its Equity Securities in response to the Offer with respect to which the Tender Notice is rescinded or any other Offer shall again be subject to all of the provisions of this Section 2.2.

  • If the Tendering Stockholder does not have a trading account with a stockbroker accredited by the PSE, it/he/she must open a trading account with the Tender Offer Agent or any stockbroker accredited by the PSE within the Tender Offer Period.

  • Neither Parent nor the Purchaser has the power to cause any Tendering Stockholder to elect to exercise any option to acquire any shares of Common Stock and no such option, nor any share of Common Stock underlying any such option, is included in the calculation of beneficial ownership of Common Stock of the Company herein.

  • The Support Agreements also provide that the Tendering Stockholder will vote its Shares against alternative corporate transactions and will not solicit or engage in discussions with third parties regarding alternative corporation transactions.

  • If backup withholding applies, the Depositary is required to withhold 31% of any payments made to the Tendering Stockholder.

  • Pursuant to the Stockholder Agreement, each Tendering Stockholder has agreed to tender pursuant to the Offer and before the Expiration Date all of the Shares owned of record or beneficially by such Tendering Stockholder on the date of the Stockholder Agreement, together with any Shares acquired by any such Tendering Stockholder prior to the termination of the Stockholder Agreement.

Related to Tendering Stockholder

  • Transferring Stockholder has the meaning set forth in Section 4.04(a).

  • Participating Stockholder means a “Participating Stockholder” under the HBB Stockholders’ Agreement, HY Stockholders’ Agreement and NACCO Stockholders’ Agreement, to the extent the Partnership owns HBB Class B Shares, HY Class B Shares or NACCO Class B Shares. A Partner shall cease to be a Participating Stockholder under this Agreement and shall be deemed to be a Former Partner immediately prior to any event or lapse of time that causes such Partner to no longer be a “Participating Stockholder” under such applicable stockholders’ agreements.

  • Selling Stockholder means any Stockholder owning Registrable Shares included in a Registration Statement.

  • 10% Stockholder means the owner of stock (as determined under Code Section 424(d)) possessing more than ten percent (10%) of the total combined voting power of all classes of stock of the Corporation (or any Parent or Subsidiary).

  • Transferring Shareholder has the meaning set out in Section 6.1;

  • Selling Shareholder has the meaning set forth in Section 3.04(a).

  • Tendering Partner shall have the meaning set forth in Section 8.6.A.

  • Class B Stockholder means (i) the registered holder of a share of Class B Common Stock at the Effective Time and (ii) the initial registered holder of any shares of Class B Common Stock that are originally issued by the Corporation after the Effective Time.

  • Common Stockholder means the employee of, consultant to, or director of the Company or other person to whom shares of Common Stock are issued pursuant to this Plan.

  • Company Stockholder means the holder of either a share of Company Common Stock or a share of Company Preferred Stock.

  • Eligible Stockholder means a person who has either (1) been a record holder of the shares of common stock of the Corporation used to satisfy the eligibility requirements in Section 3.2(d) continuously for the required three-year period or (2) provides to the Secretary of the Corporation, within the time period referred to in Section 3.2(e), evidence of continuous Ownership of such shares for such three-year period from one or more securities intermediaries.

  • Other Selling Stockholders means persons other than Holders who, by virtue of agreements with the Company, are entitled to include their Other Shares in certain registrations hereunder.

  • Participating Investor any Participating Account, Participating Insurance Company or Participating Plan, including the Account and the Company.

  • Company Shareholder means a holder of one or more Company Shares;

  • Selling Holder means a Holder who is selling Registrable Securities pursuant to a registration statement.

  • Offered Shares has the meaning set forth in Section 3.02(a).

  • Other Stockholder means the persons that own Common Stock, other than the Participant.

  • Tendering Party has the meaning provided in Section 8.5(a) hereof.

  • Eligible Shareholder means an existing or new investor of the Company that is eligible at the ACD’s discretion to invest in the Class X Shares upon entering into an agreement with the ACD and fulfilling the eligibility conditions set by the ACD from time to time.

  • Selling Stockholders means Purchaser and any other purchaser of Units in the Offering, and their respective successors and assigns.

  • Selling Member has the meaning set forth in Section 10.5(a).

  • Controlling Shareholder means any shareholder owning more than fifty

  • Offeree means an individual to whom the Committee has offered the right to acquire Shares under the Plan (other than upon exercise of an Option).

  • Preferred Shareholder means any holder of Preferred Shares.

  • Offer Shares means the Hong Kong Offer Shares and the International Offer Shares being offered at the Offer Price under the Global Offering;

  • Major Stockholder means any such Person.