BHCA Holder definition

BHCA Holder means a bank holding company or a subsidiary of a bank holding company.
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BHCA Holder means any holder of any Registrable Security that is a bank, bank holding company, financial holding company or any entity that is controlled by a bank, bank holding company or financial holding company, as such terms are defined under the Bank Holding Company Act of 1956, as amended, together with the rules and regulations promulgated thereunder (the “BHCA”), or any affiliate of any such entity or (ii) a foreign bank subject to the BHCA under Section 8(a) of the International Banking Act of 1978, together with the rules and regulations promulgated thereunder, or any affiliate of any such entity.
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BHCA Holder means each holder of Common Stock (or other stock) subject to the BHCA and any transferee of such holder but, with respect to such transferee, only to the extent that the portion of its Common Stock (or other stock) acquired from such holder was a BHCA Interest at the time of such acquisition.
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Examples of BHCA Holder in a sentence

  • Notwithstanding anything contained in this Section 2.7 to the contrary, the Company and each Investor and Holder acknowledge and agree that each BHCA Holder and Affiliate thereof, without prior notice to the Company or any other Person, may, in connection with any audit or request for information, disclose any confidential information to any Governmental Authority or examiner of or related to a Governmental Authority, in each case, having jurisdiction over such BHCA Holder or Affiliate thereof.

  • In the event that a Holder is a BHCA Holder (as defined below), then upon such Holder’s request, the Company shall create a class of New Securities (the “BHCA Holder New Securities”) identical to the New Securities being offered pursuant to this Section 2.2 in all respects, except that the BHCA Holder New Securities will not have any voting rights or other rights as such Holder may request, so that such Holder may purchase such BHCA Holder New Securities.

  • Upon delivery of an exercise notice in accordance with this Section 2.4(h)(i), such BHCA Holder will be required to represent and warrant to the Company only as follows: (i) that such Holder has full right, title and interest in and to the shares to be repurchased and (ii) that such Holder has all necessary power and authority and has taken all necessary action to sell such shares to the Company.

  • All reasonable out-of-pocket fees and expenses associated with any action taken by the Company under this Section 2.4(h)(ii)(A) at the request of any BHCA Holder pursuant to this Section 2.4(h)(ii)(A) shall be borne by such requesting BHCA Holder.

  • At any time, any BHCA Holder may require the Company to purchase all, but not less than all, of the shares of Preferred Stock and Common Stock held by it for an aggregate purchase price equal to $1.00, upon written notice to the Company.


More Definitions of BHCA Holder

BHCA Holder means any original holder of the Series G Preferred Stock that at the time of its original acquisition of the Series G Preferred Stock from the Company is subject to the Bank Holding Company Act of 1956, as amended.
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BHCA Holder means any Holder that is a bank, bank holding company or company treated as a bank holding company under the U.S. International Banking Act of 1978, or an entity that is controlled by a bank or a bank holding company or company treated as a bank holding company, as such terms are defined under the Bank Holding Company Act of 1956, and the rules, regulations and interpretations promulgated thereunder, in each case, as amended, or any Affiliate of any such entity, including, without limitation, ▇▇▇▇▇▇▇ ▇▇▇▇▇ PSI Global Holdings, LLC (together with its Affiliates, successors and assigns (but in each case, only to the extent such Person is and remains a BHCA Holder) “▇▇▇▇▇▇▇”). For purposes of this Agreement, (i) “Affiliate” shall mean, with respect to any specified Person, any other Person who or which, directly or indirectly, controls, is controlled by, or is under common control with such specified Person, including, without limitation, any general partner, officer, director, manager (if such Person is a manager-managed limited liability company), member (if such Person is a member-managed limited liability company) of such Person and any venture capital fund now or hereafter existing that is controlled by or under common control with one or more general partners or managing members of, or shares the same management company with, such Person and (ii) “Person” shall mean any individual, corporation, partnership, trust, limited liability company, association or other entity; provided, however, for purposes of the definition of “BHCA Holder”, no Person that is an individual shall be deemed a BHCA Holder as a result of being an Affiliate of an entity that is a BHCA Holder or otherwise.
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