Examples of Affiliate Shareholder in a sentence
Pursuant to the Consummation of the other Post-Petition Reorganization steps below, Fortior shareholders, excluding the Secured Lender Affiliate Shareholder, will be deemed to receive merger consideration in the form of shares of AST in exchange for their interests in Fortior, with each such shareholder being deemed to have received equity in AST in the same proportion (and with the same preferences and other terms) as it currently holds equity in Fortior.
The Secured Lender Affiliate Shareholder will retain its shareholdings in AST.
In such exchange, each AST shareholder other than the Secured Lender Affiliate Shareholder will receive equity in FS Holdings in the same proportion (excluding the equity in AST held by the Secured Lender Affiliate Shareholder), and with the same preferences and other terms, as it was entitled to hold in AST.
The Secured Lender Affiliate Shareholder shall receive its portion of the merger consideration as described above in the form of actually issued shares of AST.
The AST shareholders (formerly the Fortior shareholders), other than the Secured Lender Affiliate Shareholder, will exchange their Reorganization Interests in AST, deemed to have been distributed to such shareholders as described in clause (a) above, for 100% of the equity of FS Holdings.
The company may appoint any person as attorney and/or agent for a shareholder to execute and deliver as transferor a form of register removal, transfer or instructions of transfer on behalf of the shareholder (or any subsequent holder or any nominee of such shareholder or any such subsequent holder) or Affiliate Shareholder (as the case may be) in favour of (i) Cede & Co. (as nominee of DTC) or GTU Ops Inc.
All costs and expenses incurred by the Parties in connection with the negotiation, execution and delivery of this Agreement and any amendments relating thereto, and any costs and expenses, including advisor and attorney fees, incurred by the Shareholder or an Affiliate Shareholder in connection with its ownership of any securities of the Company, including the Common Shares, will be borne solely and entirely by the Party incurring such expense.
Following any Affiliate Transfer pursuant to the terms of this Agreement, the Shareholder shall continue to exercise the rights granted to the Shareholder hereunder on behalf of the Affiliate Shareholder.
Any resignation of a Shareholder Director required to give effect to this Section 5.2 as a result of a reduction in the amount of outstanding shares of Common Stock Beneficially Owned by the Shareholder and any Affiliate Shareholder (on a fully diluted as-converted basis) will comply with the applicable rules of Nasdaq; provided that, for the avoidance of doubt, any such resignation need not be effective until the next annual meeting of the stockholders of the Company.
Multiple Bids / Collusion: There is also a Deemed Connection if the Business Partner, or any Affiliate, Shareholder Interest or Key Staff is also participating in the same tender or request for proposal/quotation (howsoever named) for the procurement of goods or services with the CSF GROUP.