Investor Agreement. The Company shall have duly executed and delivered to the Investor, pursuant to Section 3.2(a) of this Agreement, the Investor Agreement, and (subject to execution by the Investor) such agreement shall be in full force and effect.
Investor Agreement. The Investor Agreement shall not have been terminated in accordance with its terms and shall be in full force and effect.
Investor Agreement. The Company shall have duly executed and delivered to the Investor the Investor Agreement, and there shall have been no termination of the Investor Agreement that, as of the Closing, is effective.
Investor Agreement. The Company acknowledges and agrees with each of the Investors that upon the Closing Date, each of the Investors shall be deemed to be a "Stockholder" as such term is defined in the Investor Agreement and that any Shares purchased by an Investor pursuant to this Agreement shall be deemed to be "Registrable Securities" for the purpose of the Investor Agreement provided however, upon written request of any Investor the Company and each of the other Investors agrees to execute an amendment to the Investor Agreement pursuant to which an Investor to this Agreement may be added as a party thereto.
Investor Agreement. Each of the Investors agrees that, it will not acquire securities of the Company which result in, or following conversion would result in, such Investor holding thirty-five (35%) percent or greater of the total issued and outstanding voting securities of the Company after giving effect to the Merger and the issuance of the Shares to the Investors contemplated hereby; provided that the voting securities held by such Investor shall include for purposes of this Section 5.8 any shares beneficially owned (as determined pursuant to Rule 13d-3 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) by all other persons who together with such Investor constitute a “group” within the meaning of Section 13(d)(3) of the Exchange Act.
Investor Agreement. At or prior to the Closing, Pinnacle shall enter into the Investor Agreement for the benefit of the Investors and any holders of Senior Notes who acquire New Common Shares and make the election to become a party to the Investor Agreement pursuant to Section 5.8(b).
Investor Agreement. Global shall terminate the Amended and Restated Investor Agreement, dated as of March 31, 2004, by and among Global and the Investors (as defined therein) at or prior to the Effective Time.
Investor Agreement. The Investor Agreement, duly executed and delivered by the Company and the other investors party thereto (other than Purchaser and Seller).
Investor Agreement. The Investor agrees that, for the period from the Closing to the date that is eighteen (18) months following the Closing (the “Period”), the Company will be the flagship ingot, wafer, cell and module manufacturing operation for the Investor’s solar business. After the end of the Period, the Investor and the Company will endeavor to negotiate a new agreement defining the role of the Company within the Investor’s solar-related activities. Each of the Company and the Investor agree to discuss and prepare in good faith a business and operation plan for making the Company the core operations of the Investor’s solar business, in accordance with the mission statement with respect to the Company that has been jointly prepared by the Company and the Investor.
