Preemptive Rights Holder definition

Preemptive Rights Holder shall have the meaning set forth in Section 4(e).

Preemptive Rights Holder has the meaning set forth in Section 3.3(a).

Preemptive Rights Holder means a holder of any Preferred Shares.

Examples of Preemptive Rights Holder in a sentence

• In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Preemptive Rights Holder written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms upon which the Company proposes to issue such New Securities.

• When the Offered Securities are accepted in the manner set forth in this paragraph 5, the Company shall, as promptly as practicable but no later than twenty (20) days after acceptance by a Preemptive Rights Holder of its subscription portion of the Maximum Offer Amount, issue certificates representing the applicable number of Offered Securities (free of all liens and encumbrances) to such holder against delivery by such holder of the consideration payable therefor.

• If the Company does not receive, within three (3) business days from the date of the Pre-Notice, a written notice from such Preemptive Rights Holder stating that he, she or it does not wish to receive material non-public information relating to the Company, then the Company shall send a Preemptive Rights Offer Notice to such Preemptive Rights Holder and such Preemptive Rights Holder shall not have the rights set forth in this paragraph.

• Any of the Offered Securities not subscribed for by a Preemptive Rights Holder shall be offered to the other Preemptive Rights Holders pursuant to a written notice from the Company on a pro rata basis for a period of 30 days.

• Each Preemptive Rights Holder shall have ten (10) Business Days from the date of receipt of any such First Participation Notice to agree in writing to purchase up to such Preemptive Rights Holder’s Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Preemptive Rights Holder’s Pro Rata Share).

More Definitions of Preemptive Rights Holder

Preemptive Rights Holder has the meaning set forth in Section 7.16(b).

Preemptive Rights Holder and “Preemptive Right” each has the meaning set forth in Section 7.1.

Preemptive Rights Holder thereunder, shall not be amended or waived in a manner that denies LPE II the right to participate in future financing rounds in substantially the same manner set forth herein without the written consent of LPE II so long as it holds at least 4,955,752 shares of capital stock of the Company (as adjusted for any stock split, stock dividend, combination, or other recapitalization or reclassification), (ii) Section 6.6(e)(i) and this Section 6.6(e)(ii) shall not be amended or waived without the written consent of LPE II so long as it holds at least 4,955,752 shares of capital stock of the Company (as adjusted for any stock split, stock dividend, combination, or other recapitalization or reclassification), (iii) the third to last sentence of Subsection 5.5 shall not be amended or waived without the written consent of ARCH so long as it remains entitled to designate at least one (1) Series A Director pursuant to the Voting Agreement, (iv) the penultimate sentence of Subsection 5.5 shall not be amended or waived without the written consent of Omega so long as it remains entitled to designate at least one (1) Series A Director pursuant to the Voting Agreement, and (v) the last sentence of Subsection 5.5 shall not be amended or waived without the written consent of Xxxxxxxxx so long as it remains entitled to designate at least one (1) Series B Director pursuant to the Voting Agreement.

Preemptive Rights Holder. Clause 7.1

Preemptive Rights Holder means each Member (other than Woodside Inc.) that, together with its Affiliates, owns (on an As-Exchanged Basis) at least 5% of the total number of outstanding shares of Class A Common Stock (determined on an As-Exchanged Basis) outstanding immediately following the completion of the IPO, including the exercise by the underwriters of any overallotment option and the sale of Units or shares of Class A Common Stock by such Member and its Affiliates.

Preemptive Rights Holder means any Investor that, individually or together with such Investor’s Affiliates, holds at least 5% of the shares of Registrable Securities (as adjusted for any stock split, stock dividend, combination, or other recapitalization or reclassification effected after the date hereof).

Preemptive Rights Holder means the (i) Major Stockholders and (ii) each Principal WL Stockholder, who, together with its Affiliates, holds a number of Common Shares equal to 50% or more of the Common Shares issuable to such Principal WL Stockholder on the Closing Date.