Affiliated Successor definition

Affiliated Successor means, with respect to any Person, an Affiliate -------------------- thereof that is a transferee or a successor in interest to any or all of such Person's Company Stock and that is required to become a party to this Agreement in accordance with the terms hereof; provided, however, that, for purposes of -------- ------- Section 4, with respect to any Cash Equity Investor, "Affiliated Successor" shall also include partners, limited partners or members of a Cash Equity Investor that are transferees of Series C Preferred Stock or Common Stock pursuant to distributions in accordance with the partnership agreement or operating agreement of such Cash Equity Investor.

Affiliated Successor shall have the meaning provided in Section 3.3(a).

Affiliated Successor means, with respect to any Person, an Affiliate thereof that is a transferee or a successor in interest to any or all of such Person's Company Stock and that is required to become a party to this Agreement in accordance with the terms hereof; PROVIDED, HOWEVER, that, for purposes of Section 4, with respect to any Cash Equity Investor, "Affiliated Successor" shall also include partners, limited partners or members of a Cash Equity Investor that are transferees of Preferred Stock or Common Stock pursuant to distributions in accordance with the partnership agreement or operating agreement of such Cash Equity Investor.

Examples of Affiliated Successor in a sentence

• If any such Holder fails to accept such offer by written notice fifteen days after its receipt of the Offer Notice, the Company or such Affiliated Successor may proceed with the proposed issue or sale of the Offered Securities, free of any right on the part of any Holder under this Section 4.1.1 in respect thereof.

• In case the Company or any Affiliated Successor (as hereinafter defined) proposes to issue or sell any shares of Common Stock or Common Stock Equivalents (the "Offered Securities"), the Company shall, no later than twenty days prior to the consummation of such transaction (a "Preemptive Rights Transaction"), give notice in writing (the "Offer Notice") to each Holder of such Preemptive Rights Transaction.

• In case the Company or any Affiliated Successor (as hereinafter defined) proposes to issue or sell any shares of Common Stock or Common Stock Equivalents (the "Offered Securities"), the Company shall, no later than twenty days prior to the consummation of such transaction (a "Preemptive Rights Transaction"), give notice in writing (the "Offer Notice") of such Preemptive Rights Transaction to each Holder of Common Stock or Class A Common Stock (each a "Common Stock Holder").

• As used herein, the term "Affiliated Successor" means a successor entity to the Company (whether by merger, consolidation, reorganization, or otherwise) in which the HMC Group owns at least the same percentage of the fully-diluted common stock of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as the HMC Group owns of the Fully-Diluted Common Stock of the Company.

• As used herein, the term "Affiliated Successor" means a successor entity to the Company (whether by merger, consolidation, reorganization, or otherwise) in which HMTF owns at least the same percentage of the Fully-Diluted Common Stock of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as HMTF owns of the Fully-Diluted Common Stock of the Company.

More Definitions of Affiliated Successor

Affiliated Successor shall have the meaning provided in Section 4.1 hereof.

Affiliated Successor means a successor entity to the Company (whether by merger, consolidation, reorganization, or otherwise) in which HMTF owns at least the same percentage of the fully-diluted common stock of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as HMTF owns of the Fully-Diluted Common Stock of the Company. If any such Holder fails to accept such offer by written notice fifteen days after its receipt of the Offer Notice, the Company or such Affiliated Successor may proceed with the proposed issue or sale of the Offered Securities, free of any right on the part of any Holder under this Section 4.1.1 in respect thereof.

Affiliated Successor means a successor entity to the Corporation (whether by merger, consolidation, reorganization, or otherwise) in which the Onex Group owns at least the same percentage of the fully-diluted common stock or similar equity interest of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as the Onex Group owns of the Fully-Diluted Common Stock of the Corporation immediately prior to the transaction establishing the Affiliated Successor. Notwithstanding the foregoing, as a condition to any Qualified Foreign Stockholder’s right to participate in any Preemptive Rights Offer, (i) such Qualified Foreign Stockholder shall make such undertakings to the Corporation as required to comply with the requirements of Regulation S, and (ii) such Qualified Accredited Offeree shall enter into customary subscription documentation sufficient to ensure compliance with applicable securities laws.

Affiliated Successor means a successor entity to the Company (whether by merger, consolidation, reorganization or otherwise) in which the HMC Group owns at least the same percentage of the Fully-Diluted Common Stock of such entity (giving effect to the merger, consolidation, reorganization or other transaction) as the HMC Group owns of the Fully-Diluted Common Stock of the Company. If any such Holder fails

Affiliated Successor means a successor entity to the Corporation (whether by merger, consolidation, reorganization, or otherwise) in which the Onex Group owns at least the same percentage of the fully-diluted common stock of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as the Onex Group owns of the Fully-Diluted Common Stock of the Corporation.

Affiliated Successor means a successor entity to the Corporation (whether by merger, consolidation, reorganization, or otherwise) in which the Onex Group owns at least the same percentage of the fully-diluted common stock of such entity (after giving effect to the merger, consolidation, reorganization, or other transaction) as the Onex Group owns of the Fully-Diluted Common Stock of the Corporation. Notwithstanding the foregoing, as a condition to any Foreign Stockholder's right to participate in any Preemptive Rights Offer, such Foreign Stockholder shall make such undertakings to the Corporation as required to comply with the requirements of Regulation S.

Affiliated Successor means a successor entity to the Corporation (whether by merger, consolidation, reorganization, or otherwise) in which the HMC