FPK definition
Examples of FPK in a sentence
Red Mountain hereby consents to all transfers by JCF FPK of Common Stock pursuant to that certain Underwriting Agreement, dated as of November 2, 2011, among JCF FPK, the Company and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. LLC relating to the Offering, and acknowledges and agrees that such transfers are “Permitted Transfers” (as defined in the Prior Agreement) under the Prior Agreement.
Upon the election of such replacement as a director of Encore, such replacement shall thereafter be deemed, and the person he replaced shall thereafter cease to be deemed, to be a JCF FPK Related Director for purposes of this Section 2.1.
The Seller has previously received the opinion of FPK to the effect that, as of the date of such opinion, the Merger Consideration to be received by the stockholders of the Seller pursuant to the Merger is fair to such stockholders, and such opinion has not been amended or rescinded as of the date of this Agreement.
The fee payable to FPK in connection with the transactions contemplated by this Agreement is as described in an engagement letter between the Seller and FPK, a true and complete copy of which has heretofore been furnished to the Buyer.
Any such time and date of delivery (a “Date of Delivery”) shall be determined by FPK, but shall not be later than seven full business days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined.
FPK, individually and not as representative of the Underwriters, may (but shall not be obligated to) make payment of the purchase price for the Initial Securities or the Option Securities, if any, to be purchased by any Underwriter whose funds have not been received by the Closing Time or the relevant Date of Delivery, as the case may be, but such payment shall not relieve such Underwriter from its obligations hereunder.
Except for actions taken by FPK, neither the Company nor any affiliate of the Company has taken, nor will the Company or any affiliate take, directly or indirectly, any action which is designed to or which has constituted or which would reasonably be expected to cause or result in stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.
If, at any time during the Term, any JCF FPK Related Director ceases to be a director of Encore, whether due to death, disability, retirement, resignation, removal (with or without cause) or otherwise, and JCF FPK proposes a replacement to serve as a director of Encore, then each Shareholder shall, subject to applicable law, vote all of its Common Stock in favor of, and take all such other actions as may be reasonably necessary to cause, the election of such replacement as a director of Encore.
CUSTODIAN: AMERICAN STOCK TRANSFER & TRUST COMPANY By: Name: Title: ATTORNEYS-IN-FACT: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ BUYER: JCF FPK I LP By: JCF Associates II-A LP, its general partner By: JCF Associates II-A LLC, its general partner By: Name: Title: SECURITY HOLDER: * By: * Name: Title: Address: * ¨ Married.
I acknowledge that dogs are encouraged to socialize and exercise at FPK and that injury to my dog can reasonably be foreseen to result from playing and roughhousing while in the care of FPK or while in a play group conducted by FPK.