Holder Designee definition

Holder Designee means any Person that a Holder has designated to receive Shares issuable upon exercise of a Warrant.

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedBook a Demo

Holder Designee is defined in Section 3.2.

Holder Designee shall have the meaning set forth in Section 2.01(a).

Examples of Holder Designee in a sentence

• Notwithstanding the foregoing, any Holder Designee shall have the right to waive or assign the right to receive any cash or equity compensation.

• For so long as the Holder is entitled to nominate at least one (1) Holder Designee for inclusion in the Company’s slate of director nominees pursuant to Section 17(b), the Company shall not increase the size of the Board without the prior written consent of the Holder.

• The Company will pay or reimburse each Holder Designee for all reasonable out-of-pocket expenses incurred by such Holder Designee in connection with its participation in meetings of the Board (and committees thereof) and the Boards of Directors (and committees thereof) of the Subsidiaries of the Company.

• For so long as at least one (1) Holder Designee serves on the Board, to the extent permitted by applicable Laws (including any requirements under the Exchange Act or the rules of Nasdaq or any other applicable securities exchange on which the Common Shares are then listed), each committee of the Board shall include at least one Holder Designee.

• The Holder shall have the right to remove any Executive Holder Designee nominated by the Holder at any time and at its sole discretion.

More Definitions of Holder Designee

Holder Designee means (i) Mr. Scott Nuttall, or, if not Mr. Nuttall, either Mr. Henry Kravis or Mr. Tagar Olson (as determined by the Holder in its sole discretion), or (ii) any Replacement (as provided in Section 4.1(e)).

Holder Designee shall have the meaning provided in Section 2.1.1 hereof. "Inspectors" shall have the meaning provided in Section 3.4 hereof. "Material Adverse Effect" shall have the meaning provided in Section 3.1.4 hereof. "NASD" shall have the meaning provided in Section 3.4 hereof. "Original Agreement" shall have the meaning set forth in the first recital hereof. "Other Registrable Shares" shall have the meaning provided in Section 3.1.4 hereof. "Person" or "person" means any individual, corporation, partnership, limited liability company, joint venture, association, joint-stock company, trust, unincorporated organization or government or other agency or political subdivision thereof. "Purchaser" shall have the meaning set forth in the introductory paragraph hereof. "Purchaser Designee" shall have the meaning set forth in Section 2.1.1. "Records" shall have the meaning provided in Section 3.4 hereof. "Registrable Shares" means at any time the shares of Common Stock of the Company owned by the Holder or Holders whether owned on the date hereof or acquired hereafter; provided, however, that Registrable Shares shall not include any shares (x) the sale of which has been registered pursuant to the Securities Act and which shares have been sold pursuant to such registration, or (y) which have been sold to the public pursuant to Rule 144 of the SEC under the Securities Act. "Registration Expenses" shall have the meaning provided in Section 3.6 hereof. "Requesting Holder" shall have the meaning provided in Section 3.1.1 hereof. "Required Filing Date" shall have the meaning provided in Section 3.1.1(b) hereof. "SEC" means the Securities and Exchange Commission. "Securities Act" means the Securities Act of 1933, as amended, and the rules and regulations promulgated by the SEC thereunder. "Seller Affiliates" shall have the meaning provided in Section 3.7.1 hereof. "Stock Purchase Agreement" means that certain Amended and Restated Stock Purchase Agreement effective as of August 21, 1998 between Purchaser and the Company. 2 42 "Subsidiary" of any Person means (i) a corporation a majority of whose outstanding shares of capital stock or other equity interests with voting power, under ordinary circumstances, to elect directors is at the time, directly or indirectly, owned by such Person, by one or more subsidiaries of such Person or by such Person and one or more subsidiaries of such Person, and (ii) any other Person (other than a corporation) in which such Person, a subsidiary of suc...

Holder Designee means an individual nominated by a Holder (a) for election as a member of the Board at any annual or special meeting of the stockholders of the Company at which members of the Board are to be elected or (b) to serve as an observer of the Board, in each case pursuant to such Holder’s rights under the Existing Credit Agreement or pursuant to any other Contract with the Company.

Holder Designee shall have the meaning specified in Section 4.2 --------------- hereof.

Holder Designee means ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇.

Holder Designee shall have the meaning set forth in Section 5(a) of this Agreement.

Holder Designee means (i) ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇, or, if not ▇▇. ▇▇▇▇▇▇▇, either Mr. ▇▇▇▇▇ ▇▇▇▇▇▇ or ▇▇. ▇▇▇▇▇ ▇▇▇▇▇ (as determined by the Holder in its sole discretion), or (ii) any Replacement (as provided in Section 4.1(e)).