Applicable Shareholder definition
Examples of Applicable Shareholder in a sentence
Each such payment shall be made, at the sole discretion of Corporate Taxpayer, by wire or Automated Clearing House transfer of immediately available funds to the bank account previously designated by the Applicable Shareholder to Corporate Taxpayer or as otherwise agreed by Corporate Taxpayer and the Applicable Shareholder.
Except to the extent expressly permitted by Section 4.03, the XC Board shall recommend that XC’s shareholders vote in favor of the Applicable Shareholder Approvals at the XC Shareholder Meeting (the “XC Recommendation”) and XC will use its reasonable best efforts to obtain from its shareholders proxies in favor of the Applicable Shareholder Approvals.
Any waiting period (including any extension thereof) applicable to the acquisition of Offered Shares and/or Remaining Offered Shares by any Investor (or any Affiliated Purchaser of any Investor) or any Other Applicable Shareholder (or any Affiliated Entity of any Other Applicable Shareholder) under the HSR Act shall have expired or early termination thereof shall have been granted.
If at any time prior to the receipt of the Applicable Shareholder Approvals, any event relating to FH or any of its Affiliates (including FX), or any of their respective officers or directors is discovered by FH that is required to be set forth in a supplement or amendment to the Proxy Statement, FH shall promptly inform XC.
The Applicable Shareholder Approvals are the only vote of the holders of any of XC’s capital stock necessary in connection with the consummation of the Transactions.
The Applicable Shareholder Approvals (as defined in the Subscription Agreement) shall have been validly obtained.
The Company’s obligations to register the Registrable Securities of any Applicable Shareholder shall be expressly conditioned upon the Company’s prior receipt of all information and materials regarding such Applicable Shareholder as specified in Section 6.1(f) and the taking of all action required to be taken by such Applicable Shareholder under this Agreement with respect thereto.
Notwithstanding the foregoing, an Applicable Shareholder may use any free writing prospectus prepared and distributed by the Company.
Notwithstanding the foregoing, no Applicable Shareholder shall be required to make a contribution in excess of the net proceeds (after deducting any underwriting discount or commission) received by such Applicable Shareholder from its sale of Registrable Securities in connection with the offering that gave rise to the contribution obligation.
Without the prior written consent of the Representative, the Company shall not amend, modify, supplement or waive any provision of any Other Applicable Agreement in a manner that adversely affects the Investors or that gives any Other Applicable Shareholder terms or rights that are more favorable to such person than those afforded to the Investors under this Agreement.