Investor Group definition
Examples of Investor Group in a sentence
During the Standstill Period, not later than five (5) business days prior to each of the Company’s meetings of stockholders, the Investor Group shall vote in accordance with this Section 5 and shall not revoke or change any such vote.
Xxxxxx Email: xxxxxxxxxxx.xxxxxx@xx.xxx, xxxxxx.xxxxxx@xx.xxx If to the Investor Group: Clearway Capital Management LLC 000 Xxxxxxx Xxxx., Xxxxx 000.
Notwithstanding anything to the contrary, the Company acknowledges that the Investor Group intends to file this Agreement as an exhibit to an amendment to the Investor Group’s Schedule 13D filed with the SEC on November 4, 2024 (the “Investor Group 13D”) and will provide the Company an opportunity to review the amendment in advance of such filing.
The Investor (together with such Investor Group) does not beneficially own (as defined in Rule 13d-3 under the 1934 Act) any shares of Common Stock other than the shares of Common Stock acquired pursuant to (i) the Agreement, as amended by this Amendment, and (ii) the Securities Purchase Agreement, dated as of July 23, 2024, by and between the Company and the Investor.
Notwithstanding the foregoing, nothing in this Section 4 or elsewhere in this Agreement shall prohibit or restrict the Investor Group or its Related Persons from communicating privately with members of the Board or executive officers of the Company regarding any matter, so long as such communications are not intended to and would not require any public disclosure of such communications.