As of the Closing, none of OAC, BPC Penco, the Third Party Investor, or any other investor that, after the date hereof but prior to the Closing, agrees to subscribe for equity and/or debt securities of Buyer or any of its Affiliates, shall have any Direct or Indirect EFH Interest (as defined in the Amended and Restated LLC Agreement).
Newco has the meaning set forth in the first paragraph of this Agreement.
Buyer Group Member means (i) Buyer and its Affiliates, (ii) the directors, officers and employees of each of Buyer and its Affiliates and (iii) the respective successors and assigns of each of the foregoing.
Merger Subsidiary has the meaning set forth in the preamble to this Agreement.
Seller Group Member means Seller and its Affiliates and their respective successors and assigns.
Purchaser Parent has the meaning set forth in the preamble to this Agreement.