Holdback Shares definition
Examples of Holdback Shares in a sentence
The remaining Holdback Shares, if any, shall be issued to the 123 Investments Shareholders promptly thereafter.
The Holdback Shares shall be issued to the 123 Investments Shareholders, subject to the terms of this Section 3.3, as of the One Year Anniversary, that the 123 Investments Shareholders have not defaulted in, or breached, any of their obligations, covenants or representations hereunder and/or under the Shareholders Agreement (the “Holdback Requirement”).
If the Company reasonably determines that the Holdback Requirement has been met, then the Company shall so notify the 123 Investments Shareholders in writing within ten (10) Business Days of the One Year Anniversary and shall, within ten (10) Business Days after notifying the 123 Investments Shareholders of such determination, issue the Holdback Shares, to the 123 Investments Shareholders in accordance with Section 3.1.2(iii).
The Penalty shall only be paid by the retention by the Company of Holdback Shares and/or cancellation of the obligation to issue such Holdback Shares, as a Holdback Forfeiture, and the 123 Investments Shareholders shall be under no obligation whatsoever to pay any such Penalty in cash or other consideration.
In case the 123 Investments Shareholders are unable to remedy the breach within the 30 days, the Company shall have a right to retain the number of Company shares equivalent to the value of the claim against the relevant breach (based on the Agreed Value) and such number of Holdback Shares shall be deemed forfeited and the Company shall be under no obligation to issue such number of Holdback Shares (a “Holdback Forfeiture”).