Third Party Equity definition
Examples of Third Party Equity in a sentence
No transfer of any legal or beneficial interest in any share capital of [identify superior holdings in the Third Party Equity Provider] (each an Original TPEP Shareholder) in the Third Party Equity Provider or change in the control over the exercise of voting rights conferred by shares held by the Original TPEP Shareholders in the Third Party Equity Provider shall be made or effected before the expiry of the Lock In Period.
This definition will also be relevant to the funding competition regime in terms of Developer Associates not being permitted to compete for the Third Party Equity.
Name: ♦ Limited Registered Office: ♦ Registered Number: ♦ Shareholders: Shareholder Shares Developer ♦ HMTCo ♦ Third Party Equity Provider ♦ Initial Directors: Material Shareholder Appointor Initial Director appointee Developer ♦ Developer ♦ HMTCo ♦ HMTCo ♦ Third Party Equity Provider ♦ Third Party Equity Provider ♦ Secretary: ♦ Name: ♦ Limited Registered Office: ♦ Registered Number: ♦ Shareholders: Shareholder Shares The Company ♦ Directors: As for the Company (see above).
Secretary: ♦ (see clause 8 (Budgeting, Business Planning and financial matters)) [To be inserted] THIS DEED OF ▇▇▇▇▇▇▇▇▇ is made the day of 201♦ BY ♦ of ♦ (Covenantor) in favour of the persons whose names are set out in the Schedule to this Deed and is supplemental to the shareholders’ agreement dated ♦ 201♦ made by (1) [Developer], (2) [HMTCo], (3) [Third Party Equity Provider], (4) [Company] and (5) [SPV] (Shareholders’ Agreement).
As of the date hereof, there is no action, suit, proceeding, claim, arbitration or investigation involving any Company Entity on one side and any other prior holder of equity or ownership interests in a Subsidiary (a “Third Party Equity Holder”) on the other side which is pending or, to the Company’s knowledge, threatened against any Company Entity by a Third Party Equity Holder.
See the summary note in relation to the approach to third party equityFor ease of reference purposes, this standard form anticipates the "Third Party Equity Provider" being a person who is not related to the building contractor or FM contractor under the principal sub-contracts.
Note that "Third Party Equity" could comprise more than one entity.
Pursuant to this Agreement the Developer, HMTCo and the Third Party Equity Provider have agreed to subscribe for shares in the Company and to advance monies to SPV (as debt) and, on completion of the subscriptions and advances referred to in clause 4.1 (Initial subscriptions of Shares and Shareholder Debt), the Shares held by each of the parties and the amount of Shareholder Debt advanced to the SPV by each of the parties will be as set out in the Data Sheet4.
For purposes of this Section 4.5(a), the Third Party Equity Interests are not included in the Group Companies as they are not consolidated with the other entities included therein.
The parties a▇▇▇▇▇pate that the redemption of the Initial Sumitomo Shares will occur at Third Party Equity Closing #1 (described in Section 4.3 below).