Examples of Wellington Investor in a sentence
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.
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.
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.
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.
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.
Notwithstanding the foregoing, the name or logo of the Wellington Investor or Wellington will not be used by any party in any manner to market, sell or otherwise promote such party, its products, services and/or business.
For purposes of clarification, in no case shall (i) SAPV, (ii) Riverwood Capital Partners, L.P. (“Riverwood”), (iii) Xxxxxx Xxxxxxx Expansion Capital LP or MS Expansion Capital Co-Investment Vehicle LP (together, “Xxxxxx Xxxxxxx”), (iv) Fidelity or (v) any Wellington Investor be deemed a competitor of the Company for purposes of this Section 2.
For so long as any Wellington Investor holds any shares of Preferred Stock, the definition of “Affiliate” as it relates to a Wellington Investor, and the definitions of “Wellington” and “Wellington Investors,” may not be amended, terminated or waived without the prior written consent of the Wellington Investors holding a majority of the Registrable Securities then outstanding and held by the Wellington Investors.
Prior written approval of the Wellington Investor shall be required for any use of the name or logo of the Wellington Investor or Wellington Management Company LLP (“Wellington”) in any respect by any party to this Agreement.
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.