MSD Group definition
MSD Group means the MSD Parties, MSD Partners, L.P., MSD Capital, L.P., and any Person that directly or indirectly is controlled by, controls, or is under common control with MSD Partners, L.P. or MSD Capital, L.P., and shall include any principal, member, director, partner, stockholder, officer, employee, manager, direct or indirect owner or other representative of any of the foregoing.
MSD Group means the MSD Parties, MSD Partners, L.P., MSD Capital, L.P., and any Person that directly or indirectly is controlled by, controls, or is under common control with MSD Partners, L.P. or MSD Capital, L.P., and shall include any principal, member, director, partner, stockholder, officer, employee, manager, direct or indirect owner or other representative of any of the foregoing. “MSD Indirect Transferee” means any person that acquires (other than in a registered public offering or through a broker’s transaction executed on any securities exchange or other over-the-counter market) directly from any MSD Direct Transferee or any other MSD Indirect Transferee beneficial ownership of 5% or more of the then-outstanding voting stock of the Company. “MSD Parties” means, collectively, MSD COF Master Fund, MSD Credit Opportunity Fund X, LLC and MSD Energy Investments, L.P., provided, that each such Person shall no longer be deemed to be an MSD Party following such time as it no longer holds any Shares. “MSD Percentage Interest” means, as of any date of determination, the percentage represented by the quotient of (i) the number of Voting Securities that are then-Beneficially Owned by the MSD Parties and their respective Affiliates and (ii) the number of all then-outstanding Voting Securities. “MSD Representative” has the meaning set forth in Section 1.3. “NYSE” means the New York Stock Exchange. “Permitted Black-Out Period” means a period in respect of which the Company has furnished to the MSD Parties a certificate 19 DB1/ 97884447.26