Primary Holders definition

Primary Holders means any one or more of the Persons (or any Affiliate thereof to which rights are assigned in accordance with Section 23 of this Agreement) whose names are on Schedule A, provided, however, that the term “Primary Holders” shall not include any of the foregoing that ceases to own or hold any Registrable Securities.
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Primary Holders means, collectively, Hillair Capital Investments L.P., Alpha Capital Anstalt, and Osher Capital Partners LLC.
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Primary Holders means, collectively, Hillair Capital Investments L.P., Alpha Capital Anstalt, and Osher Capital Partners LLC. “Pro Rata Portion” shall have the meaning ascribed to such term in Section 4.12(e).
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Examples of Primary Holders in a sentence

  • In the event the Corporation determines that the Primary Holders no longer own, in the aggregate, the Common Stock Ownership Threshold Amount, the Company shall promptly notify the Primary Holders and then any remaining shares of Series B Preferred Stock shall automatically be converted into shares of Common Stock at the Conversion Price then in effect for such Series B Preferred Stock.

  • The Primary Holders shall, to the extent they are not required to file reports regarding their ownership of the capital stock of the Corporation with the US Securities and Exchange Commission, notify the Corporation in writing within twenty (20) days of any transfers or other disposition of any of their respective shares of Series B Preferred Stock.

  • The Financial Projections shall be deemed accepted and conclusive and binding upon the holders of the Series B Preferred Stock, unless the Primary Holders shall give written notice to the Corporation of the items in the Financial Projections with which the Primary Holders disagree (the “Accretive Calculation Disagreement Notice”) within twenty (20) calendar days of the receipt by the Primary Holders of the Financial Projections.

  • Xxxx Xxxxx Name: Xxxxx Xxxxxx Name: Name: Name: Schedule A Primary Holders Name Number of Shares [Lightyear] [Stonepoint] Schedule B Secondary Holders Name Number of Shares J.

  • If at the end of such twenty (20) calendar days, the Corporation and the Primary Holders have been unable to resolve their disagreements, either the Corporation or the Primary Holders may engage on behalf of the Corporation and the holders of Series B Stock, Grant Thornton LLP (or such other Person mutually agreed to in writing by the parties) (the “Unaffiliated Firm”) to resolve the matters set forth in the Accretive Calculation Disagreement Notice.

  • The Unaffiliated Firm shall (i) resolve the disagreement as to the Financial Projections as promptly as possible after its engagement by the parties; (ii) thereby consider and resolve only those items in the Accretive Calculation Disagreement Notice which remain unresolved between the Corporation and the Primary Holders; and (iii) shall otherwise employ such procedures as it, in its sole discretion, deems necessary or appropriate in the circumstances.

  • Notwithstanding the foregoing, in the event of a Deemed Liquidation Event as contemplated in Section (c)(i)(A)(II) above, the Corporation shall mail written notice of such event, together with the Financial Projections, to the Primary Holders (as such term is defined in Section 3(b)(i) below) on behalf of all of the holders of Series B Preferred Stock, no later than sixty (60) calendar days prior to the contemplated effective date of such Deemed Liquidation Event.

  • The Accretive Calculation Disagreement Notice shall specify each item disagreed with by the Primary Holders (or the Primary Holders’ calculation thereof) and the dollar amount of such disagreement.

  • The Unaffiliated Firm shall submit to the Corporation and the Primary Holders a report of its review of the items in the Accretive Calculation Disagreement Notice as quickly as practicable and shall include in such report its determination as to whether the effect of the proposed merger or consolidation is Accretive.

  • If the Corporation does not notify the Primary Holders of the Corporation’s acceptance of the Primary Holders’ position, then the Corporation and the Primary Holders shall, during the twenty (20) calendar days after receipt by the Corporation of the Accretive Calculation Disagreement notice, negotiate in good faith to resolve any such disagreements.


More Definitions of Primary Holders

Primary Holders has the meaning set forth in the recitals to this Agreement. “Primary Purchase Transaction” has the meaning set forth in the recitals to this Agreement. Agreement.
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Primary Holders has the meaning set forth in Section 3.02(b).
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Primary Holders has the meaning specified in the preamble hereto.
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Primary Holders. The definition of "Primary Holders" set forth in the first paragraph of the preamble to the Registration Rights Agreement is hereby expanded to include all persons purchasing stock and warrants pursuant to the 1998 Purchase Agreement.
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Primary Holders set forth in the first paragraph of the preamble to the Registration Rights Agreement is hereby expanded to include all persons purchasing stock and warrants pursuant to the 1998 Purchase Agreement.
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Primary Holders means, collectively, Hillair Capital Investments L.P. Alpha Capital Anstalt, and Osher Capital Partners LLC.
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Related to Primary Holders

  • Initial Holders has the meaning set forth in the preamble.

  • Selling Holders means, with respect to a specified registration pursuant to this Agreement, Holders whose Registrable Securities are included in such registration.

  • Initiating Holders means, collectively, Holders who properly initiate a registration request under this Agreement.

  • Participating Holders means all Holders of Registrable Securities which are proposed to be included in any offering of Registrable Securities pursuant to Section 2.1 or Section 2.2.

  • Key Holders means the persons named on Schedule B hereto, each person to whom the rights of a Key Holder are assigned pursuant to Section 3.1, each person who hereafter becomes a signatory to this Agreement pursuant to Section 6.8 or 6.17 and any one of them, as the context may require.

  • Existing Holders shall have the meaning given in the Preamble.

  • Equity Holders means the Stockholders and the Option Holders.

  • Acting Holders means, at the time of determination, Holders of at least 40% of the outstanding CVRs as set forth on the CVR Register.

  • Majority Holders means at any time the Holders of Warrants exercisable for a majority of the shares of Warrant Stock issuable under the Warrants at the time outstanding.

  • Key Holder Registrable Securities means (i) the shares of Common Stock held by the Key Holders, and (ii) any Common Stock issued as (or issuable upon the conversion or exercise of any warrant, right, or other security that is issued as) a dividend or other distribution with respect to, or in exchange for or in replacement of such shares.

  • Majority Stockholders means any Stockholder or combination of Stockholders who at the date of this Agreement own shares of Company Common Stock representing more than two-thirds of the total number of shares of Company Common Stock outstanding at the date of this Agreement.

  • Preferred Holders means the record owners of outstanding Preferred Securities.

  • Non-Directing Holders means the holders of Certificates representing the specified interest in the class of Certificates designated as the “controlling class” or the duly appointed representative of the holders of such Certificates or such other party otherwise entitled under the Note A-2 PSA to exercise the rights granted to the Non-Directing Holders in this Agreement. If Note A-2 has not been included in a Securitization, the Non-Directing Holder with respect to such Note will be the then-current Holder of such Note.

  • Majority Shareholders means Sxx Xxxxxx, Sxxxx Xxxxx, Mxxxxxx Xxxxx and Gxxxx XxXxxxxx.

  • Unit Holders means all Unit Holders.

  • Management Shareholders means Xxxxxx X. Xxxx, Xxxx X. Xxxxxxx, and Xxxxxx X. Xxxxxxxxx.

  • Majority Participating Holders means Participating Holders holding more than 50% of the Registrable Securities proposed to be included in any offering of Registrable Securities by such Participating Holders pursuant to Section 2.1 or Section 2.2.

  • Requesting Holders shall have the meaning given in Section 2.1.5.

  • New Holders shall have the meaning given in the Preamble.

  • Controlling Shareholders means controlling shareholders of the Company, as such term is defined in the Ordinance.

  • Existing Stockholders means the stockholders of the Corporation immediately prior to the IPO as listed on Schedule A (including the Existing Stockholders Representative in its capacity as an Existing Stockholder) together with any Permitted Assignees.

  • Common Stockholders means holders of shares of Common Stock.

  • Other Stockholders means persons other than Holders who, by virtue of agreements with the Company, are entitled to include their securities in certain registrations hereunder.

  • Preferred Shareholders means the holders of Preferred Shares.

  • Unitholders means the holders of Units.

  • Eligible Holders has the meaning set forth in Section 2.01(a).