Xxxxxxxx Stockholder definition

Xxxxxxxx Stockholder. The Xxxxxxxx Partnership and its Permitted -------------------- Transferees."
Sample 1Sample 2
Xxxxxxxx Stockholder means Xxxxxxxx Fund Trust I U/A/D 5/1/08, Xxxxxxxx Fund Trust II U/A/D 5/1/08 and any subsequent permitted transferee of any Preferred Stock or Common Stock held thereby who hereafter becomes a signatory to this Agreement.
Sample 1
Xxxxxxxx Stockholder means each of the Xxxxx Entities, Xxxxxxxx Control Person and any of their respective Affiliates that beneficially owns shares of Common Stock.
Sample 1

Examples of Xxxxxxxx Stockholder in a sentence

  • The failure of any Party or any Old Xxxxxxxx Stockholder at any time or times to require performance of any provision of this Agreement will in no manner affect the right at a later date to enforce the same.

  • Unless otherwise notified, the Acquiring Parties are entitled to assume that the Stockholder Representative is authorized to act on behalf of each Old Xxxxxxxx Stockholder with respect to any Dispute.

  • The terms, covenants, representations, warranties, and conditions of this Agreement may be waived as to any Old Xxxxxxxx Stockholder only by a written instrument executed by Xxxxxxxx, prior to the Closing, or the Stockholder Representative, after the Closing.

  • Each Old Xxxxxxxx Stockholder is an express third-party beneficiary of this Agreement.

  • No waiver by or on behalf of any Party to this Agreement or any Old Xxxxxxxx Stockholder of any condition or the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

  • There is no broker or finder or other Person who would have any valid claim against Xxxxxxxx (except after the Effective Time) or any Old Xxxxxxxx Stockholder for a commission or brokerage fee in connection with this Agreement or the transactions contemplated hereby as a result of any agreement or understanding of or action taken by Xxxxxxxx, the Merger Sub or any Affiliate of any of them.

  • There is no broker or finder or other Person who would ------- have any valid claim against Xxxxxxxx (except after the Effective Time) or any Old Xxxxxxxx Stockholder for a commission or brokerage fee in connection with this Agreement or the transactions contemplated hereby as a result of any agreement or understanding of or action taken by Xxxxxxxx, the Merger Sub or any Affiliate of any of them.

  • The stockholder notes listed on Schedule 9.10 attached hereto ("Stockholder Notes") shall, to the extent owned by Xxxxxxxxx, have been transferred to the LLC at or immediately prior to Closing and shall, to the extent owned by BC, remain with BC, and all of such Stockholder Notes shall continue to be paid in accordance with their terms; provided, however, that Xxxxxxxx Xxxxxxx'x Stockholder Note shall be repaid or otherwise satisfied in full prior to Closing.

  • This Agreement may be amended by the parties hereto, by action taken or authorized by their respective Boards of Directors, at any time before or after the Xxxxxxxx Stockholder Approval or the Tosco Stockholder Approval, but, after any such approval, no amendment shall be made which by law or in accordance with the rules of any relevant stock exchange requires further approval by such stockholders without such further approval.

  • No Party or Old Xxxxxxxx Stockholder ---------- -- --------- will be entitled to obtain indemnification or reimbursement, or otherwise exercise or obtain any remedy, pursuant to Section 3, 4 or 5 by means of set-off against any liability or obligation (whether arising pursuant to this Agreement, a Merger Agreement or otherwise) owing to any Party, Post-Merger Corporation or Old Xxxxxxxx Stockholder, as the case may be.


More Definitions of Xxxxxxxx Stockholder

Xxxxxxxx Stockholder means any holder of equity securities of Xxxxxxxx.
Sample 1

Related to Xxxxxxxx Stockholder

  • 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).

  • 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.

  • ² Shareholder means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company.

  • 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.

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

  • 10% Shareholder means a person who owns, directly or indirectly, stock possessing more than 10% of the total combined voting power of all classes of stock of the Company or any Parent or Subsidiary of the Company. Indirect ownership of stock shall be determined in accordance with Code Section 424(d).

  • Major Stockholder means any such Person.

  • Stockholder means, with respect to any Person, each holder of Stock of such Person.

  • Principal Stockholder means any person who individually or in concert with his spouse and

  • Initial Shareholder means any beneficial owner of the Company’s unregistered securities.

  • Shareholder means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.

  • Company Shareholder means a holder of Company Shares.

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

  • Management Stockholder shall have the meaning set forth in the introductory paragraph.

  • Greater Than 10% Stockholder means an individual then owning (within the meaning of Section 424(d) of the Code) more than 10% of the total combined voting power of all classes of stock of the Company or any subsidiary corporation (as defined in Section 424(f) of the Code) or parent corporation thereof (as defined in Section 424(e) of the Code).

  • Preferred Shareholder means any holder of Preferred Shares.

  • Octopus Holder means a user of an Octopus who may be an AAVS Account Holder or who has linked his/her Octopus to an AAVS Account in the name of one of his/her family members or friends;

  • Ticket Holder means any individual possessing, holding or using a Ticket, including (without limitation) the Ticket Purchaser or any person to whom the Ticket was issued or transferred;

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

  • Principal Shareholder means any corporation, Person or other entity which is the beneficial owner, directly or indirectly, of five percent (5%) or more of the outstanding Shares of all outstanding classes or series and shall include any affiliate or associate, as such terms are defined in clause (ii) below, of a Principal Shareholder. For the purposes of this Section, in addition to the Shares which a corporation, Person or other entity beneficially owns directly, (a) any corporation, Person or other entity shall be deemed to be the beneficial owner of any Shares (i) which it has the right to acquire pursuant to any agreement or upon exercise of conversion rights or warrants, or otherwise (but excluding share options granted by the Trust) or (ii) which are beneficially owned, directly or indirectly (including Shares deemed owned through application of clause (i) above), by any other corporation, Person or entity with which its “affiliate” or “associate” (as defined below) has any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of Shares, or which is its “affiliate” or “associate” as those terms are defined in Rule 12b-2 of the General Rules and Regulations under the Securities Exchange Act of 1934, and (b) the outstanding Shares shall include Shares deemed owned through application of clauses (i) and (ii) above but shall not include any other Shares which may be issuable pursuant to any agreement, or upon exercise of conversion rights or warrants, or otherwise.

  • Major Shareholder means a shareholder who directly or indirectly holds 10% or more of the voting rights.

  • 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.

  • Common Stockholders means holders of shares of Common Stock.

  • Initial Stockholder means any beneficial owner of the Company’s unregistered securities.

  • Stockholder Group means the Stockholder and each Person (other than any member of the Company Group) that is an Affiliate of the Stockholder.

  • Parent Stockholders means the holders of Parent Common Stock.