Competing Holder definition

Competing Holder means any Class B Common Limited Partner or Management Restricted Limited Partner who directly or indirectly participates in the ownership, management, operation or control of, or is connected as an officer, management employee, partner, director or contractor providing management or consulting services with, or has any financial interest in or aids or assists anyone else in the conduct of, any business in any Restricted Territory (as defined in any non-competition, non-solicitation or management agreement between such Limited Partner and the General Partner or Partnership) that either conducts a business substantially similar to that conducted by the General Partner and the Partnership or provides or sells a service or product that is the same, substantially similar to or otherwise competitive with the products and services provided or sold by the Partnership; provided, however, that a Limited Partner shall not be considered a Competing Holder solely as the result of such Person providing traditional investment banking services. For the purposes of this definition, (i) if circumstances arise in which X. Xxxx Xxxxxx, Jr., Xxxxxx X. Xxxxxx or Xxxxxx, Xxxxxx & Company (or any of their respective Affiliates) would be considered a Competing Holder, then Management Capital Company, LLC shall be considered a Competing Holder; (ii) if circumstances arise in which Xxxx X. Xxxxxxx would be considered a Competing Holder, then Xxxx X. Xxxxxxx Revocable Trust Dated 12-24-92 shall be considered a Competing Holder and (iii) if circumstances arise in which Xxxxx X. Xxxxxxxxx would be considered a Competing Holder, then Xxxxx X. Xxxxxxxxx Revocable Trust Dated 8-21-00 shall be considered a Competing Holder.
Sample 1

Examples of Competing Holder in a sentence

  • If an IPO Event or a Liquidity Event occurs within six months following the termination date, the Terminated Interest Purchase Price shall be adjusted to reflect the additional value, if any, that the Terminated Holder who is not a Defaulting Holder or a Competing Holder would have received if the Terminated Holder who is not a Defaulting Holder or a Competing Holder would have terminated its Services at the moment at which the IPO Event or Liquidity Event occurs.

  • At request of the Terminated Holder who is not a Defaulting Holder or a Competing Holder, the transfer of the Terminated Interest of the Terminated Holder who is not a Defaulting Holder or a Competing Holder to the Terminated Interest Purchaser and payment of the Terminated Interest Purchase Price may be deferred until the first day of the tax year of the Terminated Holder following the year of the termination date.

Related to Competing Holder

  • Initiating Holder has the meaning set forth in Section 2.01(a).

  • Existing Holder means a Broker-Dealer or any such other Person as may be permitted by the Corporation that is listed as the holder of record of shares of AMPS in the Stock Books.

  • Participating Holder means any Holder of Registrable Securities that has returned a completed and signed Notice and Questionnaire to the Company in accordance with Section 2(b) hereof.

  • Electing Holder means any holder of Registrable Securities that has returned a completed and signed Notice and Questionnaire to the Company in accordance with Section 3(d)(ii) or 3(d)(iii) hereof.

  • Controlling Holder means, as of any date of determination:

  • Requesting Holder shall have the meaning given in subsection 2.1.1.

  • Qualifying Holder shall have the meaning ascribed thereto in Section 12 hereof.

  • FTR Holder means the PJM Member that has acquired and possesses an FTR.

  • Initiating Holders means, collectively, Holders who properly initiate a registration request under this Agreement.

  • or "Holder The Person in whose name a Certificate is registered in the Certificate Register, except that a Disqualified Organization or a Non-United States Person shall not be a Holder of a Residual Certificate for any purposes hereof and, solely for the purposes of giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor or the Master Servicer or any Affiliate thereof shall be deemed not to be outstanding and the Voting Rights to which it is entitled shall not be taken into account in determining whether the requisite percentage of Voting Rights necessary to effect any such consent has been obtained, except as otherwise provided in Section 11.01. The Trustee and the NIMS Insurer may conclusively rely upon a certificate of the Depositor or the Master Servicer in determining whether a Certificate is held by an Affiliate thereof. All references herein to "Holders" or "Certificateholders" shall reflect the rights of Certificate Owners as they may indirectly exercise such rights through the Depository and participating members thereof, except as otherwise specified herein; provided, however, that the Trustee and the NIMS Insurer shall be required to recognize as a "Holder" or "Certificateholder" only the Person in whose name a Certificate is registered in the Certificate Register.

  • Acting Holders means, at the time of determination, Holders of at least 40% of the outstanding CVRs as set forth on the CVR Register.

  • Participating Holders means all Holders of Registrable Securities which are proposed to be included in any offering of Registrable Securities pursuant to Section 2.1 or Section 2.2.

  • Selling Holder means a Holder who is selling Registrable Securities pursuant to a registration statement.

  • Designated Holder means the Holder of Note A-1.

  • Directing Holder means the Holder of Note A-1 or, if Note A-1 is included in a Securitization, the holders of Certificates issued in connection with such Securitization representing the specified interest in the class of Certificates designated as the “Controlling Class” or the duly appointed representative of the holders of such Certificates or such other party that the Note A-1 Holder grants the right to exercise the rights granted to the Directing Holder in this Agreement; provided, that no Borrower Party shall be entitled to act as Directing Holder.

  • Non-Directing Holder means the Note A-2 Holder or, if Note A-2 is included in a Securitization, the holders of Certificates representing the specified interest in the class of Certificates designated as the “controlling class” or the duly appointed representative of the holders of such Certificates or such other party otherwise entitled under the Note A-2 PSA, to exercise the rights granted to the Non-Directing Holder in this Agreement. If Note A-2 is no longer in a Securitization, the Non-Directing Holder with respect to such Note will be the then-current Holder of such Note.

  • Excluded Holder means (a) any Person who at the time this Plan was adopted was the beneficial owner of 20% or more of the outstanding Common Stock; or (b) the Company, a Subsidiary or any Employee Benefit Plan of the Company or a Subsidiary or any trust holding Common Stock or other securities pursuant to the terms of an Employee Benefit Plan.

  • Selling Holders means, with respect to a specified registration pursuant to this Agreement, Holders whose Registrable Securities are included in such registration.

  • Company Underwriter has the meaning set forth in Section 4(a) of this Agreement.

  • Living Holder A Certificate Owner of a Special Retail Certificate other than a Deceased Holder.

  • Takedown Requesting Holder shall have the meaning given in subsection 2.3.3.

  • Targeted Holder means each holder of (i) a right to receive interest or principal with respect to the Retained Notes, (ii) any interest in the Trust with respect to which an Opinion of Counsel has not been rendered that such interest will be treated as debt for federal income tax purposes, and (iii) a right to receive any amount in respect of the Trust Certificate; provided, however, that any Person holding more than one right or interest each of which would cause such Person to be a Targeted Holder shall be treated as a single Targeted Holder.

  • Registrable Shares means the Common Stock owned by the Holders, whether owned on the date hereof or acquired hereafter; provided, however, that shares of Common Stock that, pursuant to Section 3.1, no longer have registration rights hereunder shall not be considered Registrable Shares.

  • Participating Stockholder means a “Participating Stockholder” under the HBB Stockholders’ Agreement, HY Stockholders’ Agreement and NACCO Stockholders’ Agreement, to the extent the Partnership owns HBB Class B Shares, HY Class B Shares or NACCO Class B Shares. A Partner shall cease to be a Participating Stockholder under this Agreement and shall be deemed to be a Former Partner immediately prior to any event or lapse of time that causes such Partner to no longer be a “Participating Stockholder” under such applicable stockholders’ agreements.

  • Restricted Holder means (i) a holder that is an affiliate of the Company within the meaning of Rule 405, (ii) a holder who acquires Exchange Securities outside the ordinary course of such holder’s business, (iii) a holder who has arrangements or understandings with any person to participate in the Exchange Offer for the purpose of distributing Exchange Securities and (iv) a holder that is a broker-dealer, but only with respect to Exchange Securities received by such broker-dealer pursuant to an Exchange Offer in exchange for Registrable Securities acquired by the broker-dealer directly from the Company.

  • Piggyback Registration shall have the meaning given in subsection 2.2.1.