Primary Investor definition

Primary Investor means RW LSG Holdings LLC and its Affiliates.

Primary Investor means Pegasus Capital Advisors, L.P. and its Affiliates.

Primary Investor means (i) so long as Pegasus and Riverwood both continue to beneficially own all of the Preferred Shares acquired thereby, both Pegasus and Riverwood, (ii) in the event either Pegasus or Riverwood, but not both, continues to beneficially own all of the Preferred Shares acquired thereby, whichever one of Pegasus and Riverwood that continues to beneficially own all such Preferred Shares, (iii) in the event that both Pegasus and Riverwood beneficially own less than all of the Preferred Shares acquired thereby, (x) Pegasus to the extent that Pegasus continues to beneficially own at least 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares) and (y) Riverwood to the extent that Riverwood continues to beneficially own at least 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares). To the extent that both (A) Pegasus beneficially owns fewer than 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares) and (B) Riverwood beneficially owns fewer than 1,750 Preferred Shares (as adjusted for any Reclassification of the Preferred Shares), there shall be no Primary Investor. For purposes of the foregoing definition and the determination of the number of Preferred Shares beneficially owned by Pegasus or Riverwood, beneficial ownership of shares of Common Stock, as adjusted for any Reclassification thereof, issued upon conversion of Preferred Shares on an as-converted basis shall be treated as beneficial ownership of Preferred Shares.

Examples of Primary Investor in a sentence

• Notwithstanding anything in this Section 13 to the contrary, in the event that the Corporation consents to a Transfer of more than five thousand (5,000) Preferred Shares in the aggregate (as adjusted for any Reclassification of the Preferred Shares) by Primary Investor in one or more transactions, the Corporation shall be deemed to have consented to all Transfers of Preferred Shares from and after such time by all Holders.

• The Corporation shall mail to each Holder (other than Primary Investor) at the address of record on the books of the Corporation a written notice (a “Contingent Redemption Notice”) of such Contingent Redemption Right not later than ten (10) days following the Corporation’s receipt from Primary Investor of the Redemption Notice triggering such Contingent Redemption Right.

• In the event that Primary Investor elects to exercise its Optional Redemption Right pursuant to Section 5(a)(i)(A) and delivers a Redemption Notice (as defined below) whereby it elects to exercise its Optional Redemption Right, all other Holders shall, subject to this Section 5(a)(ii), have the right (a “Contingent Redemption Right”) to have all or any portion of their Preferred Shares redeemed for an amount in cash equal to the Liquidation Amount of such Preferred Shares.

• For the avoidance of doubt, the Corporation shall not have the right to effect an optional conversion pursuant to this Section 4(c) so long as Primary Investor continues to beneficially own any Preferred Shares.

• If for any or no reason at all, Primary Investor withdraws the Redemption Notice triggering the Contingent Redemption Right prior to the Redemption Date related thereto, the Holders shall no longer have the right to redeem Preferred Shares on such Redemption Date.

More Definitions of Primary Investor

Primary Investor means Golden Post Rail, LLC, a Texas limited liability company, Matthew K. Rose and his heirs, or any charitable organization or foundation.

Primary Investor means Acacia Partners, L.P.

Primary Investor means The Spruce House Partnership LP, a Delaware limited partnership.

Primary Investor means each of Comcast, TWC and Google; provided that if, at any time after the Effective Date, such Investor ceases to hold at least 50% of its Original Shares, such Investor shall no longer be a Primary Investor.

Primary Investor means collectively, AEA XM Investors I LLC, a Delaware limited liability company, and AEA XM Investors II LLC, a Delaware limited liability company or any of their respective successors.

Primary Investor means with respect to each Investor Group, each Conduit Investor, and to the extent that an Investor Group does not contain a Conduit Investor, each Investor in such Investor Group.

Primary Investor means either Chancery Lane or GSC, as applicable.