Fifth Street Merger Party definition

Fifth Street Merger Party means any Person that (a) is an Affiliate of Fifth Street (other than the Borrower) on the Closing Date or (b) becomes an Affiliate of Fifth Street after the Closing Date and was either (i) a newly formed Person which (x) has not entered into any merger, consolidation or acquisition prior to the applicable Fifth Street Affiliate Merger Transaction and (y) since its inception has been an Affiliate of Fifth Street or (ii) an existing Person when it became an Affiliate of Fifth Street but, immediately prior to such Fifth Street Affiliate Merger Transaction, had been an Affiliate of Fifth Street for at least two years.
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Related to Fifth Street Merger Party

  • MergerSub has the meaning set forth in the Preamble.

  • Second Merger has the meaning set forth in the Recitals.

  • Merger Subsidiary shall have the meaning set forth in the preamble to this Agreement.

  • First Merger shall have the meaning given in the Recitals hereto.

  • MergerCo has the meaning set forth in the Preamble.

  • Company Merger shall have the meaning given in the Recitals.

  • Bank Merger Agreement has the meaning ascribed thereto in the recitals to this Agreement.

  • Merger Date means the closing date of a Merger Event or, where a closing date cannot be determined under the local law applicable to such Merger Event, such other date as determined by the Calculation Agent.

  • Acquisition Sub shall have the meaning set forth in the Preamble.

  • Merger Sub 2 shall have the meaning given in the Recitals hereto.

  • Merger Sub 1 has the meaning set forth in the Preamble.

  • Delaware LLC Division means the statutory division of any Delaware LLC into two or more Delaware LLCs pursuant to Section 18-217 of the Delaware Limited Liability Company Act.

  • Merger Sub II has the meaning set forth in the Preamble.

  • Merger Sub has the meaning set forth in the Preamble.

  • Merger Transactions means the Merger and the other transactions relating thereto or contemplated by the Merger Agreement.

  • Bank Merger has the meaning set forth in Section 1.03.

  • Corporate Acquisition means an acquisition by the Corporation or a Subsidiary of the Corporation or the redemption by the Corporation of Voting Shares of the Corporation which by reducing the number of Voting Shares of the Corporation outstanding increases the proportionate number of Voting Shares Beneficially Owned by any Person.

  • Merger Closing shall have the meaning set forth in Section 2.2.

  • Merger Transaction means any merger, acquisition or similar transaction involving a recapitalization as contemplated by Rule 10b-18(a)(13)(iv) under the Exchange Act.

  • Merger Sub I has the meaning set forth in the Preamble.

  • Delaware LLC means any limited liability company organized or formed under the laws of the State of Delaware.

  • Acquisition Subsidiary has the meaning specified in Section 7.14.

  • Merger Closing Date the Closing Date (as defined in the Merger Agreement).

  • Company Acquisition Transaction means any transaction or series of transactions involving:

  • Merger Sub Board means the board of directors of Merger Sub.

  • Constellation has the meaning assigned to that term in the Recitals.