Examples of BSMB Group in a sentence
BSMB makes no representations or warranties, express or implied, in respect of the services to be provided by the BSMB Group.
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.
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).
Sections 2.3 and 4.2 of this Stockholders' Agreement shall terminate at the time at which the HMTF Group ceases to Beneficially Own at least twenty-five and two-tenths percent (25.2%) of the Fully-Diluted Common Stock unless the BSMB Group otherwise consents; provided that such consent right shall terminate at such time as the BSMB Group and the HMTF Group collectively Beneficially Own less Securities than the Securities then Beneficially Owned by the Trust.
Notwithstanding anything to the contrary contained herein, at such time as (a) the HMTF Control Group ceases to own a majority of the Securities owned by the HMTF Group, it shall no longer be permitted to make a Shelf Registration Request under this Section 3.3.1 and (b) the BSMB Control Group ceases to own a majority of the Securities owned by the BSMB Group, it shall no longer be permitted to make a Shelf Registration Request pursuant to this Section 3.3.1.
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.
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.
Notwithstanding anything to the contrary contained in this Agreement, in no event will the liability of the BSMB Group in connection with this Agreement exceed the aggregate amount of all Advisory Fees, Closing Fees, Transaction Fees and Company Sale Fees paid to BSMB hereunder.