HM Capital definition
Examples of HM Capital in a sentence
Seller hereby acknowledges that certain individuals affiliated with HM Capital Partners I LP and Kainos Capital, LLC serve on the board of directors of UniTek Global Services, Inc., and therefore may be in possession of material non-public information not available to Seller.
Seller further acknowledges and agrees that in deciding to enter into this Agreement, it has not relied on any statements made by Purchaser, Coinvest, the Company, HM Capital Partners I LP or any of their respective affiliates, agents or representatives, and instead Seller has completed its own investigation with respect to the transactions contemplated by this Agreement.
Concurrently with the consummation of the Merger, Group will, and will cause its subsidiaries party thereto, and HM Capital will cause their affiliate, ▇▇▇▇▇, Muse & Co. Partners, L.P. to terminate that certain Monitoring and Oversight Agreement, dated as of January 31, 2003, among Group, the Group subsidiaries party thereto, and ▇▇▇▇▇, Muse & Co. Partners L.P., in consideration for the payment by Group of a cash termination fee of $5,620,540 to ▇▇▇▇▇, Muse & Co. Partners, L.P.
Concurrently with the consummation of the Merger, (a) Group, HM Capital and GSC will terminate that certain Stockholder Agreement, dated January 31, 2003, between Group and the Majority Stockholders, as amended by that certain First Amendment and Consent, dated as of October, 2003, and (b) Group and VG Holdings, LLC will enter into a Stockholder Agreement substantially in the form as set forth in Exhibit C.
HM Capital hereby guarantees to Seller, subject to the satisfaction, prior to or at Closing, of each of the conditions to Closing set forth in Section 8.2, that on the Closing Date, Buyer will be provided an amount of cash equal to that portion of the Purchase Price not committed to be funded pursuant to the Financing Commitment Letter.
Berliner covenants that during the Term, notwithstanding anything contained in its certificate of incorporation, bylaws or other organizational documents, or otherwise, no member of Berliner’s board of directors who is appointed by and who is an employee or partner of HM Capital Partners LLC or any company controlled thereby (or any fund or management company affiliated with HM Capital Partners LLC) shall be paid compensation for serving as a director of Berliner.
S▇▇▇▇ ▇▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Company Representative: HM Capital Partners LLC 2▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: P▇▇▇▇ ▇▇▇▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: Weil, Gotshal & M▇▇▇▇▇ LLP 7▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: S.
Indemnitee has certain rights to indemnification and/or insurance provided by HM Capital Partners LLC (“HM Capital”) which Indemnitee and HM Capital intend to be secondary to the primary obligation of the Company to indemnify Indemnitee as provided herein, with the Company’s acknowledgement and agreement to the foregoing being a material condition to Indemnitee’s willingness to serve on the Board.
Seller further acknowledges and agrees that in deciding to enter into this Agreement, except for the representations and warranties set forth in Sections 7, 8 and 9, it has not relied on any statements made by Purchaser, Coinvest, the Company, HM Capital Partners I LP or any of their respective affiliates, agents or representatives, and instead Seller has completed its own investigation with respect to the transactions contemplated by this Agreement.
Fax: 8▇▇-▇▇▇-▇▇▇▇ Email:r▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ Stratford Capital Partners, L.P. c/o HM Capital Partners LLC 2▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: D▇▇▇ ▇▇▇▇▇▇▇ Email: d▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Retail & Restaurant Growth Capital, L.P. 2▇▇▇ ▇.