D Shareholder definition
Examples of D Shareholder in a sentence
The Series D Shareholder must obtain the approval of the Company in writing prior to any such transfer of the Series D Shareholder's investment in the Company, such approval not to be unreasonably withheld.
The Series D Shareholder hereby agrees to be bound by the obligations set forth in the Series D Warrant to exercise all of the warrants represented by the Series D Warrant upon the occurrence of an Exercise Event (as defined in the Series D Warrant).
Each Major D Shareholder entitled to purchase securities under this Section 5 must exercise such Major D Shareholder’s purchase rights hereunder within 10 business days after receipt of written notice from the Company describing in reasonable detail the stock or securities being offered, the purchase price thereof, the payment terms and such Major D Shareholder’s percentage allotment.
Each such Major D Shareholder will be entitled to purchase all or part of such stock or securities at the same price and on the same terms as such stock or securities are to be offered to any other Persons.
Notwithstanding the foregoing, any distributions pursuant to Section 4.1 payable with respect to Class D Shares shall be reduced by the Class D Shareholder Servicing Fee set forth in the OP Agreement.
Simultaneously with the Series D ----------------- Shareholder's purchase of Series D Preferred Stock pursuant to that certain Stock and Warrant Purchase Agreement, between the Company and the Series D Shareholder, dated April 13, 1999, the Company issued to the Series D Shareholder a certain warrant to purchase 660,000 additional shares of Series D Preferred Stock (the "Series D Warrant"), in addition to certain other warrants (the "E&Y Warrants").
The Assuming Party hereby agrees that, effective upon consummation of the Subject Transfer, it shall join the Amended Shareholders Agreement as a Shareholder and shall be subject to all the terms and conditions thereof, and, from and after the time of the Subject Transfer, shall assume all responsibilities, duties, obligations and liabilities, and succeed to all rights and privileges, of a [Series A] [Series D] Shareholder thereunder.
The Class D Shareholder Servicing Fees allocable to the Class D Shares will only be included in the NAV calculation for the Class D Shares.
Where a Class D Shareholder proposes to transfer some, but not all of its Shares, the Board shall not approve any transfer of Shares pursuant to which a Class D Shareholder will hold less than 2,500 Shares.
The minimum Capital Commitment by each Class D Shareholder is USD 2,750,000.