Multiple Holders Sample Clauses
The "Multiple Holders" clause defines how rights, obligations, or interests under an agreement are managed when more than one party holds them jointly. In practice, this clause may specify how decisions are made among the holders, how notices are delivered, or how actions must be taken collectively or individually. Its core function is to ensure clarity and prevent disputes by outlining procedures and responsibilities when multiple parties share the same position under the contract.
Multiple Holders. In the event that there shall be multiple Holders, each Holder agrees that (a) no other Holder will by virtue of this Warrant or exercise thereof be under any fiduciary or other duty to give or withhold any consent or approval under this Warrant or to take any other action or omit to take any action under this Warrant and (b) each other Holder may act or refrain from acting under this Warrant as such other Holder may, in its discretion, elect.
Multiple Holders. If there is more than one Holder, such Holders shall act with respect to their rights under this Agreement according to the vote of a majority-in-interest.
Multiple Holders. If at any time there shall be more than one Holder of this Note, any action required or permitted to be taken by the Holder, including without limitation acceleration of this Note and waiver of any default under this Note, may be taken by those persons holding a majority in principal amount of this Note outstanding.
Multiple Holders. For purposes of these Articles, if at any time there is more than one holder of “C” Preference Shares, then (a) all references in these Articles to “the holder” of “C” Preference Shares shall be deemed to mean all such holders, collectively acting together, based on the approval or directive of the holders holding a majority of the “C” Preference Shares (and, for the avoidance of doubt, all holders of “C” Preference Shares shall act in accordance with the approval or directive of the holders holding a majority of the “C” Preference Shares), and (b) all rights, benefits, powers, and privileges of such “C” Preference Shares shall be shared by all holders of “C” Preference Shares pro rata based on the number of “C” Preference Shares that each holds.
Multiple Holders. If KRH and one or more of its Permitted Transferees hold Membership Units at the same time, KRH shall act on behalf of all of them for the purpose of exercising the rights granted under this Section 2.
Multiple Holders. In the event that more than one Person shall constitute the "Holder" under this Agreement each such Person shall have the rights and duties of the Holder hereunder with respect to its Registrable Securities but not those of any other such Persons. In that event, however, Catalyst (or if Catalyst no longer is a Person constituting the Holder, such other Person as all of the Persons constituting the Holder shall designate with the Company's consent) shall act as representative of all such Persons constituting the Holder (the "Holders' Representative") for the purposes of giving and receiving consents, notices, amendments, and documents and exercising the rights of the Holder. Accordingly, if more than one Person shall constitute the Holder (a) any amendment signed by the Holders' Representative shall be conclusively deemed, as between the parties hereto, as having been signed by the Holder, (b) any consent required or permitted to be obtained from the Holder shall be obtained only from the Holders' Representative, and (c) any notice required to be given or document delivered pursuant to this Agreement shall be deemed duly given or delivered only if given to the Holders' Representative in accordance with Section 4.3. In no event, however, shall the Holder's Representative or any other Person constituting the Holder be liable for information supplied by a Person constituting the Holder, and that Person and the Company shall deal directly with each other with respect to matters in Section 2.6.
Multiple Holders. If a Founding Member and one or more of its Permitted Transferees hold Membership Units at the same time, such Founding Members and Permitted Transferee(s) shall designate one of them to act on behalf of all of them for the purpose of exercising the rights granted under this Section 2.
Multiple Holders i. The parties acknowledge and agree that the actions and obligations of each Holder hereunder are several and not joint with the actions and obligations of any other Holder and that no Holder shall be responsible in any way for the representations, warranties, agreements, acts or omissions, or the performance or non-performance of the obligations, of any other Holder hereunder. Any and all rights granted to the Holders hereunder, at law or in equity shall be enforceable by each such Holder independently, and it shall not be necessary (but may be permissible) for any other Holder to be joined as an additional party in any action for such purpose.
ii. The parties acknowledge and agree that (i) the Holders are not are agents, affiliates or partners of each other, (ii) the Holders are not, under any circumstances, agreeing to act jointly, in concert or as a group with respect to the Notes, Original Notes, Warrants, Existing Warrants any Underlying Shares or any Warrant Shares, (iii) nothing contained in any document, and no action taken by any Holder pursuant thereto, constitutes or shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holders are in any way acting or agreeing to act jointly, in concert or as a group with respect to the Notes, Original Notes, Warrants, any Underlying Shares or any Warrant Shares, any transactions, or any of their actions or obligations under any documents (including without limitation the decision to acquire, dispose of or vote any securities), and (iv) the Company shall not assert any claim inconsistent with the foregoing.
iii. The Company acknowledges and agrees, and each Holder represents and agrees, that (i) such Holder has independently participated in the negotiation hereof with the advice of its own counsel and advisors, (ii) no other Holder has acted or will be acting as such Holder’s agent in connection with its acquisition, disposition or voting of any securities or monitoring its investment therein, (iii) such Holder’s decision to exchange the Original Notes has been made by such Holder independently of any other Holder and independently of any information, materials, statements or opinions regarding the Company which may have been made or given by any other Holder, and (iv) no Holder shall have any liability to any other Holder relating to or arising from any such information, materials, statements or opinions. The ...
Multiple Holders. 54 10.17 Confidentiality ................................................................ 55 Exhibit A Form of Note ................................................................... A-1 Exhibit B Compliance Certificate ......................................................... B-1 Exhibit C Form of Opinion of Counsel ..................................................... C-1 Exhibit D Form of Subordination Agreement ................................................ D-1 Exhibit E Form of Warrant ................................................................ E-1 Exhibit F Form of Registration Rights Agreement .......................................... F-1 Exhibit G Form of Subsidiary Guarantee ................................................... G-1 Schedule 5.4(a) Jurisdictions of Organization Schedule 5.4(b) Capitalization Schedule 5.4(d) Foreign Qualifications Schedule 5.5 Financial Statements and Projections Schedule 5.6 Intellectual Property Schedule 5.7 Investigations and Audits Schedule 5.8 Employee Matters Schedule 5.12 Litigation Schedule 5.14 Environmental Matters Schedule 5.18 Broker's, Finder's or Similar Fees Schedule 5.19 Employee Benefit Plans Schedule 5.20 Insurance Schedule 5.21 Investments Schedule 5.22 Material Agreements Schedule 8.2(a)(ii) Existing Indebtedness Schedule 8.2(b)(ii) Existing Liens Schedule 8.2(h) Restrictive Agreements EXECUTION SUBORDINATED NOTE AND WARRANT PURCHASE AGREEMENT (this "AGREEMENT"), dated as of October 22, 2001, BY AND AMONG BRANDPARTNERS GROUP, INC, a Delaware corporation ("BPG"), ▇▇▇▇▇▇ BROTHERS INC., a New Hampshire corporation ("▇▇▇▇▇▇"), and CORPORATE MEZZANINE II, L.P., a British Virgin Island limited partnership (together with its successors and registered assigns, subject to Section 10.16, "CMII").
Multiple Holders. REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is entered into and made as of January 28, 1998, by and among ACR Group, Inc., a Texas corporation having its headquarters at 3200 ▇▇▇▇▇▇▇▇, #▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ (▇▇e "Company"), and The Catalyst Fund, Ltd., a Texas limited partnership having its headquarters at Thre▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ("▇atalyst"). The Company has agreed to grant certain demand and piggyback registration rights to Catalyst in connection with the issuance by the Company of the Warrant (as hereinafter defined) to Catalyst.