BSMB definition
Examples of BSMB in a sentence
BSMB shall provide and devote to the performance of this Agreement such partners, employees and agents of BSMB as BSMB shall deem appropriate to the furnishing of the services required.
BSMB makes no representations or warranties, express or implied, in respect of the services to be provided by the BSMB Group.
The Closing Fee shall be payable by wire transfer of immediately available funds to BSMB or one or more of its designees.
Any committee formed by the Board shall include one (1) or more representatives of the HMTF Group and the BSMB Group unless otherwise consented to by the Required Holders.
BSMB may exercise the irrevocable proxy granted to it hereunder at any time any Employee fails to comply with the provisions of Section 1 or 5.
In case the Company proposes to issue or sell (a) any shares of Common Stock or Common Stock Equivalents to any Person, or (b) any other security of the Company to any one or more members of the BSMB Control Group or the HMTF Control Group (the "Offered Securities"), the Company shall, no later than thirty (30) days prior to the consummation of such transaction (a "Preemptive Rights Transaction"), give notice in writing of such Preemptive Rights Transaction (the "Offer Notice") to each Qualified Holder.
Rights shall terminate at the time that either (i) each of the BSMB Group and the HMTF Group ceases to own at least fifty percent (50%) of the Securities each owned on the Effective Date or (ii) each of the BSMB Control Group and the HMTF Control Group ceases to own at least a majority of the Securities owned by each of the HMTF Group and the BSMB Group, respectively.
Unless otherwise increased by a majority of the Holders of the issued and outstanding Securities in accordance with the DGCL, the Board shall consist of nine (9) directors, five being appointed by the HMTF Group, two being appointed by the BSMB Group, one being appointed by the Trust (each of HMTF Group, BSMB Group and the Trust, a "Nominating Holder," and each such director so appointed, a "Party Designee") and one of whom shall be the chief executive officer of the Company.
The obligation of BSMB and HMTF under this Section 7.3 shall automatically terminate upon the expiration of such twelve-month period.
The Shelf Registration shall be on Form S-3 under the Securities Act or another appropriate form permitting registration of all Registrable Shares Beneficially Owned by the HMTF Group and the BSMB Group for resale (the "Shelf Shares") by the Holders of such Shelf Shares in the manner or manners designated by them (including, without limitation, one or more underwritten offerings).