Control Percentage definition
Control Percentage means, with respect to any Person, the percentage of the outstanding capital stock of such Person having ordinary voting power which gives the direct or indirect holder of such stock the power to elect a majority of the Board of Directors of such Person.
Control Percentage means a Voting Ownership Percentage of 15%, during the period prior to a Regulatory Change, and a Voting Ownership Percentage of 35% thereafter.
Control Percentage means at least 35% in the event the applicable securities are registered under the Securities Exchange Act of 1934, as amended ("Exchange Act"), or at least 35% in the event the applicable securities are not registered under the Exchange Act;
Examples of Control Percentage in a sentence
Sell, lease or otherwise transfer any NL Shares if after giving effect thereto the Borrower shall not retain a Control Percentage with respect to NL Industries.
Change or amend, or permit any change or amendment of the certificate of incorporation or bylaws of NL Industries or any of its Subsidiaries that decreases the Control Percentage with respect to NL Industries below 51%.
The term "control" (including the terms "controlled by" or "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of a Control Percentage, by contract, or otherwise.
The term “control” (including the terms “controlled by” or “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of a Control Percentage, by contract or otherwise.
The Company acknowledges that the Control Percentage shall be subject to a proportionate adjustment in the event the Company does not report net income of at least $3.7 million (the `Net Income Threshold") in its audited financial statements for fiscal 2004.
More Definitions of Control Percentage
Control Percentage means a Voting Ownership Percentage of 15 percent, during the period prior to a Regulatory Change, and a Voting Ownership Percentage of 35 percent thereafter.
Control Percentage means (i) prior to the creation of the Public Market, the percentage of which the W▇▇▇/M▇▇▇▇▇▇▇ Group is the beneficial owner (determined as provided above) and (ii) at any time after the creation of a Public Market, the greater of 30% and the percentage in (i); or
Control Percentage means, prior to July 1, 2000, 30% and on and after July 1, 2000, 50%.
Control Percentage means, with respect to any Person, the percentage of the outstanding capital stock of such Person having ordinary voting power which gives the direct or indirect holder of such equity interests the power to elect a majority of the board of directors, managers or other Persons that control and manage the affairs of such Person.
Control Percentage means, with respect to any Person, the percentage of the outstanding capital stock of such Person having ordinary voting
Control Percentage means, with respect to any Person, the percentage of the outstanding Voting Securities (including any options, warrants or similar rights to purchase such Voting Securities) of such Person having ordinary voting power which gives the direct or indirect holder of such Voting Securities the power to elect a majority of the board of directors (or other applicable governing body) of such Person. “Corporate Trust Office” means the office of the Administrative Agent or the Collateral Agent, as applicable, at which at any particular time its corporate trust or agency business shall be principally administered, which office at the date of the execution of this instrument is located at the address referred to in Schedule 9.09 or such other address as the Administrative Agent or the Collateral Agent, as applicable, may designate from time to time by notice to the Borrower, or the principal corporate trust office of any successor Administrative Agent or Collateral Agent (or such other address as such successor Administrative Agent or successor ▇▇▇▇▇▇▇▇▇▇ Agent may designate from time to time by notice to the Borrower). “Crescent Cove Credit Agreement” means, that certain Credit Agreement, dated as of May 12, 2025 among Energy Vault Holdings, Inc., the “Guarantors” (as defined therein), the lenders identified on the signature pages thereof, and Crescent Cove Opportunity Lender, LLC, as administrative agent. “Daily Simple SOFR” means, for any day, SOFR, with the conventions for this rate (which will include a lookback) being established by the Administrative Agent in accordance with the conventions for this rate selected or recommended by the Relevant Governmental Body for determining “Daily Simple SOFR” for syndicated business loans; provided that if the Administrative Agent decides, at the direction of the Majority Lenders, that any such convention is not administratively feasible for the Administrative Agent, then the Administrative Agent, with the consent of the Borrower, may establish another convention at the direction of the Majority
Control Percentage means, with respect to any Person, the percentage of the outstanding Voting Securities (including any options, warrants or similar rights to purchase such Voting Securities) of such Person having ordinary voting power which gives the direct or indirect holder of such Voting Securities the power to elect a majority of the board of directors (or other applicable governing body) of such Person. “Conversion” means conversion of the Indebtedness as described in Section 2.15. “Conversion Date” means the date that the Conditions to Conversions are satisfied. “Conversion Notice” means a written notice to be delivered on the Conversion Date by the Lenders to the Borrower, Collateral Agent and Administrative Agent (a) stating that the Conditions to Conversion have been satisfied and (b) confirming the Conversion Date. “CPUC” means the California Public Utilities Commission. “Debt Service” means, as of any period of determination, the aggregate amount of fees, interest and principal on account of the Advances (including any scheduled payments thereon but excluding any extraordinary mandatory redemptions), due and payable by the Borrower during such period of determination. “Debtor Relief Laws” means the Bankruptcy Code of the United States of America, and all other liquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, moratorium, rearrangement, receivership, insolvency, reorganization, or similar debtor relief laws of the United States or other applicable jurisdictions from time to time in effect. “Declined Proceeds” has the meaning specified in Section 2.04(b)(iv). “Default” means (a) an Event of Default or (b) any event or condition which with notice or lapse of time or both would become an Event of Default. “Default Rate” means a per annum rate equal to (a) in the case of principal of any Advance, 2.00% plus the rate otherwise applicable to such Advance as provided in Section 2.08(a), and (c) in the case of any other Obligation, 2.00% plus the non-default rate applicable to Advances as provided in Section 2.08(a). “Defaulting Lender” means any Lender that (a) has failed to (i) fund all or any portion of its Advances within two Business Days of the date such Advances were required to be funded hereunder unless such ▇▇▇▇▇▇ notifies the Administrative Agent and the Borrower in writing that such failure is the result of such ▇▇▇▇▇▇’s determination that one or more conditions precedent to