Cap I definition
Examples of Cap I in a sentence
This Agreement and the rights, benefits, duties and obligations hereunder of the parties hereto and their successors and permitted assigns shall expire and be of no further force or effect on the 180th day after the later to occur of (i) May 31, 2004 and (ii) the first date on which each and all of Cap I, Cap II, Nath▇▇▇▇▇ ▇.
This Agreement supercedes all prior agreements and understandings among the parties with respect to its subject matter, including without limitation that certain Stockholders' Agreement dated as of June 30, 1997 among Cumm▇▇▇▇ ▇▇▇nt Industries, Inc., a Delaware corporation (now NATCO Group, Inc.), Cap I and Cap II which is hereby terminated and rendered of no further force or effect.
In that event, the Tax Increment Recapture will be calculated for the Project less Office subject to the Tax Increment Recapture Cap I.
Cap I and Cap II are the only holders of the outstanding Common Stock, par value $.01 per share, of the Company ("Common Stock"), owning of record and beneficially 3,415,000 shares (68.3%) and 1,585,000 shares (31.7%), respectively, which, after giving effect to the Stock Split referenced below, will become 4,553,334 shares (68.3%) and 2,113,334 shares (31.7%), respectively.
Cap I and Cap II have entered into a Registration Rights Agreement of even date herewith between the Company and such stockholders which contains terms and provisions substantially similar to those herein (the "Capricorn Registration Rights Agreement").
Cap I is also the holder of $5,084,501 in principal amount of a 13% Subordinated Promissory Note due 2000 drawn by the Company to the order of Cap I ("Note 1").
This Agreement shall terminate in its entirety on the earlier of the tenth anniversary of the date hereof and the date on which less than fifty percent (50%) of the outstanding Common Stock shall be held of record, in the aggregate, by Cap I, Cap II, each Person who is as of the date of this Agreement or prior to the liquidation and dissolution, if any, of Cap I or Cap II, was a general or limited partner of Cap I and Cap II, the Designated Stockholders, Nath▇▇▇▇▇ ▇.
Each of Cap I and Cap II may distribute, whether in liquidation or otherwise, all or part of the Common Stock owned by it to any of its general or limited partners if each such general or limited partner agrees in writing in connection AGREEMENT AND PLAN OF MERGER ANNEX F-4 135 with such distribution to be bound by all of the provisions of this Agreement applicable by their terms to a Stockholder (other than a Principal Stockholder).
Cap I owns of record and beneficially, after giving effect to the Stock Split, 4,553,334 shares (68.3%) of the outstanding Common Stock.
As a result of the Charter Amendment, Cap I and Cap II, as the owners of record and beneficially of all then outstanding Common Stock, acquired and now own 5,563,667 shares and 2,582,259 shares of Class A Common Stock, respectively.