Examples of Wellington Investor in a sentence
The Company shall deliver to each Major Series E Investor and each Wellington Investor, subject to a Confidentiality Agreement, quarterly comparisons of the Company’s actual financial performance relative to the most recent budget for such period approved by the Company’s Board of Directors.
You have requested waivers from the operation of the Rights Agreement to permit Wellington Management, each of its affiliated entities and each Wellington Investor to exceed the limitation on Beneficial Ownership of more than 4.9% our Common Stock under the Rights Agreement.
However, the breach by any Wellington Investor of the terms hereof shall not impact the waivers granted to Wellington Management and other Wellington Investors unless such breach separately causes Wellington Management or other Wellington Investors to be in breach hereof (and such breach by Wellington Management or other Wellington Investors is either not capable of being remedied or cannot be remedied within a reasonable period of time after our notification of such breach to Wellington Management).
All references herein to the ownership (including, without limitation, Beneficial Ownership) of Common Stock by a Wellington Investor refer only to the Common Stock over which Wellington Management has investment and/or voting discretion.
The rights of each Major Series E Investor and Wellington Investor under this Section 4.6 shall apply to the transfer of rights under each Financing Document, as appropriate, and shall survive termination or expiration of this Agreement.
The Company shall make its members of senior management available to meet with representatives of the Wellington Investor at least once per quarter at the Company’s facilities at mutually agreeable times to discuss business issues, management’s proposed operating plans, and progress in achieving such plans.
We reserve the right to revoke our waiver at any time we determine that Wellington Management or any Wellington Investor is not in compliance with the provisions of this letter, upon written notice to Wellington Management.
Notwithstanding the foregoing, in the case of any Wellington Investor, such Wellington Investor may identify the Company and the value of such Wellington Investor’s security holdings in the Company in accordance with applicable investment reporting and disclosure regulations or internal policies and respond to routine examinations, demands, requests or reporting requirements of a regulator without prior notice to or consent from the Company.
All communications shall be sent to the party to be notified at the address as set forth on the signature pages hereof or Exhibit A hereto or at such other address or electronic mail address as such party may designate by ten (10) days advance written notice to the other parties hereto (the “Designated Address”); provided, however, that in no event shall any communications to the Wellington Investor be sent to any address other than the Designated Address.
If notice is given to any Wellington Investor, a copy (which shall not constitute notice) shall also be given to Xxxxxx Xxxxxx Xxxxxxxxx Xxxx and Xxxx LLP, 00 Xxxxx Xxxxxx, Xxxxxx XX 00000, facsimile: 617-526-5000, email: xxxxx.xxxxx@xxxxxxxxxx.xxx, attention: Xxxxx X.