Examples of Lead Purchasers in a sentence
Additionally, Addy claims Stover’s guaranties obligate him to pay principal, interest, equity kickers, and participation and placement fees, and not just, as Defendants contend, to guaranty that any funds the Lead Purchasers receive will be distributed to the proper parties, whether it be the Westside Defendants or Addy.
First and foremost, both Participation Agreements include provisions under which Addy represented that he conducted an independent investigation into Westside, including its business and financial welfare, and that he did not rely on any statements made or investigations performed by the Lead Purchasers, i.e., MAV Orcutt and MAV Kentucky.
Therefore, Addy has satisfied the pleading requirements of Rule 9(b).The Moving Defendants also seek dismissal of the fraud claims based on Paragraph 13 of the Participation Agreements, which purports to exculpate the Lead Purchasers, i.e., MAV Orcutt and MAV Kentucky, from responsibility for any misrepresentations.
In the event that, within twelve (12) months following the Lead Purchasers Closing Date, the Restructuring Completion Date has not occurred pursuant to Section 4.9 (except with respect to any Non-assignable Assets), then each Purchaser shall be entitled to cause the Key Holder to purchase from such Purchaser all (but not less than all) of such Purchaser’s Subscription Shares, by deliver of written notice by such Purchaser to the Key Holder.
The Company shall deliver to the Lead Purchasers a Cash Balance Notice no later than January 12, 2010 that sets forth theCompany’s Cash balance as of January 8, 2010.