Affected Holders definition
Examples of Affected Holders in a sentence
In addition, the parties acknowledge and agree that new Affected Holders may be added to this Agreement from time to time (without changing the terms of this Agreement except for the addition of such parties) without formally amending this Agreement; provided, in each such case, that each such new Affected Holder becomes a party hereto.
In addition to any and all other remedies that may be available at law in the event of any breach of this Agreement, each Investor shall be entitled to specific performance of the agreements and obligations of the Company and the Affected Holders hereunder and to such other injunction or other equitable relief as may be granted by a court of competent jurisdiction.
The Affected Holders hereby represent and warrant that this Agreement does not conflict with any other agreement to which they are party, nor shall they enter into any such agreement.
The Company may terminate any such Registration Statement (or, if applicable, be relieved of its obligation to file any such Registration Statement) at such time as any new Shelf Registration Statement shall be available for the purposes set forth in Section 2.1. If the Affected Holders intend to distribute the Affected Securities covered by their request by means of an underwritten offering, they shall so advise the Company in the Demand Notice.
All Affected Holders proposing to distribute their securities through such underwriting shall enter into an underwriting agreement in customary form with the underwriter or underwriters selected for such underwriting by the Company (which underwriter or underwriters shall be reasonably acceptable to a majority in interest of the Affected Holders).
Any amendment or supplement to this Agreement that has an adverse effect on the interests of any Holder shall require the written consent of a Majority of the Affected Holders.
Notwithstanding Section 5.5 hereof, the rights of first refusal established by this Section 4 may be amended, or any provision waived with respect to a particular transaction, with the written consent of the Company and the Investors holding a majority of the Registrable Securities held by all Investors; provided, however, that any such waiver will also require the written consent of the Adversely Affected Holders (as defined in Section 5.5(d), if any).
Furthermore, if the SENs of such Series are held in a Global Security, the Company or the Guarantor, as the case may be, may, to the extent necessary, exchange the SENs of such Series for certificated SENs in order to effect a redemption pursuant to this subsection (e), provided that the Company or the Guarantor, as the case may be, will as promptly as practicable subsequently exchange such certificated SENs for SENs held in a Global Security, except for the SENs held by the Affected Holders.
If the Company or the Guarantor, as the case may be, seeks to redeem the SENs of a Series held by any Affected 105 92 Holders as provided in this subsection (e), such Affected Holders will cooperate with the Company or the Guarantor, as the case may be, to effect such a redemption.
In case of any Combination described in this Section 5.04(b), the Successor Company and, in the event of any dissolution, liquidation, or winding-up of the Company, the Company, shall deposit promptly with a bank or trust company that has an office in New York City, chosen by the Successor Company or the Company, as applicable, and acceptable to a Majority of the Affected Holders, funds, if any, necessary to pay to the Holders the amounts to which they are entitled as described above.