Equityholder definition

Equityholder has the meaning set forth in the Preamble.

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Equityholder has the meaning given to such term in the recitals.

Equityholder has the meaning assigned to such term in the introduction to this Agreement.

Examples of Equityholder in a sentence

• The Equityholder shall not take any action that causes, or omit to take any action that results in, the Borrower’s failure to comply with any of its covenants in Section 5.05 and the Equityholder shall take all other actions necessary to maintain the accuracy of the factual assumptions set forth in the legal opinions of Dechert LLP, as special counsel to the Borrower, issued on the Closing Date and relating to the issues of substantive consolidation.

• Without limiting any, and subject to all, other covenants of the Borrower, the Equityholder and the Servicer contained in this Agreement, the Borrower (the Servicer in acting on behalf or for the benefit of the Borrower and the Equityholder in acting on behalf of the Borrower as the member of the Borrower) shall conduct its business and operations in accordance with Section 9(i) of the LLC Agreement.

• Notwithstanding any other provision of this Agreement, each of the parties hereto hereby agrees that the Company is a special purpose entity and that none of the directors, officers, incorporators, shareholders, partners, agents or employees of the Company (including, without limitation, any Equityholder and any Affiliate thereof) shall be personally liable for any of the obligations of the Company under this Agreement.

• Each of the Borrower, the Servicer and the Equityholder acknowledges and agrees that any such private sale may result in prices and other terms less favorable to the Administrative Agent on behalf of the Secured Parties than if such sale were a public sale and, notwithstanding such circumstances, agree that any such private sale shall not be deemed to have been made in a commercially unreasonable manner solely by virtue of being a private sale.

• It shall not acquire any Collateral Loan or other property other than as expressly permitted under the Facility Documents, it being understood and agreed that the Borrower shall be permitted to acquire Collateral Loans from the Servicer, the Equityholder and/or their Affiliates and from unaffiliated third parties.

More Definitions of Equityholder

Equityholder means Ares Capital CP Funding Holdings LLC, a Delaware limited liability company, which owns 100% of the equity interests in the Borrower.

Equityholder means any holder of Company Capital Stock, Company Options or Warrants that is entitled to receive the applicable Merger Consideration, Option Payment or Warrant Payment under Section 2.6 and that has not perfected its appraisal rights pursuant to Section 3.2.

Equityholder means holders of equity interests of the Company or any member of the ▇▇▇▇▇▇ ▇▇▇▇▇▇ Group and their respective Affiliates, but only to the extent the foregoing hold interests in the Company, the voting control over which is vested with an officer, director or senior employee of CHI.

Equityholder means any Stockholder or Optionholder.

Equityholder means a Stockholder, Warrant Holder or Option Holder, in each case immediately prior to the Effective Time.

Equityholder. Crescent Capital BDC, Inc.

Equityholder means the Fund in its capacity as the direct or indirect owner of the membership interests in the Borrower.