Examples of Yucaipa Warrant in a sentence
Each Yucaipa Affiliate represents to the Investors that, as of the Acquisition Date, except for 2,934,909 shares of Common Stock owned collectively by the Yucaipa Affiliates, the Yucaipa Warrant, limited partnership interests in Crescent Shared Opportunity Fund II, L.P., and options to purchase 109,784 shares of Common Stock owned collectively by Darrxx X.
At the earlier of the Offer Consummation Date and the Effective Time, Parent or Merger Sub shall purchase from Yucaipa the Yucaipa Warrant for an amount equal to the product of (i) the difference between the Price Per Share and the per share exercise price thereof ($20.73 as of the date hereof) multiplied by (ii) the number of shares of Common Stock underlying the Yucaipa Warrant (3,874,492 as of the date hereof).
The Yucaipa Warrant, as amended as of the date of this Agreement, a true and complete copy of which has been provided to Parent, permits the transfer of the Yucaipa Warrant to Parent as described in the Stockholders Agreement.
The transfer restrictions with respect to the Yucaipa Warrant set forth herein shall terminate and be of no further force and effect upon the earlier to occur of the following: (i) the Warrant Termination Date and (ii) the expiration of the Option Exercise Period without Parent having duly delivered the Option Exercise Notice in accordance with Section 19(b).
As of October 8, 1998, (i) 1,205,438 shares of Voting Common Stock and no shares of Non-Voting Stock were reserved for issuance and issuable upon or otherwise deliverable in connection with the exercise of outstanding Company Stock Rights and (ii) 3,874,492 shares of Voting Common Stock were reserved for issuance and issuable upon or otherwise deliverable in connection with the exercise of the Yucaipa Warrant.
Upon the consummation of the Transactions, (1) the shareholders of Smitty's prior to the Acquisition, including Yucaipa, shall collectively own and control, directly or indirectly, not less than 3,038,888 shares of Company's Class B Common Stock, and (2) Company shall have issued, and The Yucaipa Companies shall have received, the Yucaipa Warrant.
Notwithstanding the foregoing, each Stockholder shall have the right to Transfer Subject Shares and, with respect to Yucaipa, the Yucaipa Warrant to any Affiliate upon the due execution and delivery to Parent by such transferee of a legal, valid and binding counterpart to this Agreement so long as any such Transfer is not intended to circumvent the provisions of this Agreement.
Upon the purchase of the Yucaipa Warrant and payment of the purchase price therefor in accordance with the provisions of this Section 6, Yucaipa shall cease to have any rights with respect to the Yucaipa Warrant.
Upon the purchase of the Yucaipa Warrant and payment of the purchase price therefor in accordance with the provisions of this Section 7.15, Yucaipa shall cease to have any rights with respect to the Yucaipa Warrant.
The execution and delivery of the amendments dated as of the date hereof to the 1996 Stockholders Agreement and the Yucaipa Warrant do not require the consent or approval of any Person other than the parties to such amendments.