Bank Holders definition
Examples of Bank Holders in a sentence
Notwithstanding the foregoing, the restrictions set forth in this Section 2.7(f) shall terminate on the earlier of (i) the third anniversary of the pricing date of the IPO and, (ii) the date on which the Bank Holders collectively own a number of shares of Common Stock, in the aggregate, that is less than 10% of the total number of shares of Common Stock then outstanding.
If the Company is selling Shares for its own account in such offering and the offering is not being made on account of a demand made by the Refinitiv Holders or the Bank Holders, as applicable, pursuant to Section 2.1 hereof or Section 2.5 hereof, the Company will have first priority.
Upon the delivery of a Demand Notice by one or more of the Refinitiv Holders or the Bank Holders, made at any time and from time to time following the Initial Lock-Up Period, the Company will facilitate in the manner described in this Agreement an “underwritten shelf takedown” of Registrable Securities off of an effective shelf registration statement.
In order for the Refinitiv Holders or the Bank Holders, as applicable, to exercise their right to demand that a registration statement be filed or that a non-shelf registered offering or an underwritten shelf takedown be effected, they must include in their Demand Notice the number of Registrable Securities sought to be registered or taken down and the proposed plan of distribution.
The Company will consult and coordinate with the Refinitiv Holders or the Bank Holders, as applicable, in order to accomplish such replenishments from time to time in a sensible manner.
All Warrants granted to the Bank Holders pursuant to this Agreement shall be allocated among such Bank Holders according to Schedule I attached hereto.
This Amendment and the amendments contained herein shall have and be in effect on and after the date hereof upon the execution and delivery hereof by (i) each of the Investors, (ii) sixty-seven percent in interest of the Stockholders, (iii) each of the Bank Holders, (iv) sixty-seven percent in interest of the Series B Preferred Holders and (v) the Company.
The Company agrees to cooperate in good faith with and assist any Bank Holder or any of the Bank Holder's Affiliates as such Bank Holder may reasonably request in connection with any United States regulatory issues that may arise from time to time with respect to the Company.
The provisions of this Section 4.05 shall inure solely to the benefit of such Bank Holders and their Affiliates which are subject to the provisions of the Bank Holding Company Act of 1956, as amended (including Regulation Y promulgated thereunder).
The Directors of the Company shall, subject to their fiduciary duties as advised by counsel, recommend approval and adoption of this Agreement and the Merger by the Companys stockholders and include such recommendation in the Company Proxy Statement.