Examples of DLJ Parties in a sentence
The Parties and the Company shall take all action within their respective power, including, but not limited to, the voting of Capital Shares of the Company (to the extent that any such Person holds Capital Shares of the Company entitled to vote thereon), required to cause the Board of Directors to at all times consist of seven (7) directors (or such greater number as the DLJ Parties shall select), one of whom shall be the Chief Executive Officer of the Company.
This Agreement shall terminate upon the earlier of (i) the dissolution, liquidation or winding-up of the Company, (ii) the date on which the DLJ Parties collectively are no longer the beneficial owner of at least five percent (5%) of the Common Stock or (iii) the second anniversary hereof.
We address the fraud-based theories separately from the negligence- based theories.1. Fraud and “Fraud by Omission”Counts One and Two of the amended complaint allege, in essence, that the DLJ Parties committed fraud by making a promise without any intent to perform the promise.
The Company will furnish to the DLJ Parties upon their request such information as is reasonably necessary to adequately exercise the foregoing right.
For the purposes of this Section 6, the DLJ Parties shall be deemed to own any and all Common Stock owned by (i) the DLJ Parties and (ii) any affiliates of any DLJ Party.
As the DLJ Parties argue, there is simply no evidence of a fiduciary relationship, nor could there be as the claim is pled.7 There is no evidence any DLJ entity was to act for Keenan’s benefit regarding the loan, see Scheffler v.
In the event that the DLJ Parties and their affiliates collectively do not beneficially own at least five percent (5%) of the Common Stock at the time the Company takes the necessary corporate action to approve the filing of the registration statement, or DLJ Partners II does not exercise such right within such thirty (30) day period by notifying the Company thereof, the Company shall select the book-running managing underwriter and such additional underwriters to be used in connection with the offering.
The Stockholders’ Agreement provides for certain informational and consultation rights, along with confidentiality obligations, and registration rights for the DLJ Parties.
After any such assignment, the DLJ Parties shall retain their rights under this Agreement with respect to all other Registerable Common Stock owned by the DLJ Parties.
For those DVI phases where operations are conducted within a laboratory or office environment, the following issues should be addressed: Each officer should have adequate space.