Examples of Prior Stockholders in a sentence
The parties hereto, including the Company and the holders of at least 75% in interest of the outstanding shares of Series A, B, C and D Preferred Stock, voting together as a class, hereby agree that all rights granted and covenants made under the Prior Stockholders' Agreement are hereby waived, released and terminated in their entirety and shall have no further force or effect whatsoever.
This Agreement, together with the exhibits hereto, supersedes all prior agreements and understandings among the parties with respect to such subject matter, including the Prior Stockholders Agreement.
Section 5.7 of the Original Agreement provides that it may be amended pursuant to a writing signed by (i) the Corporation, (ii) the holders of at least a majority of the then outstanding Series A Preferred Stock (as defined herein), and (iii) the holders of at least a majority of the Common Stock held by the Prior Stockholders (the “Requisite Stockholders”).
Under the terms of the Series B Preferred Shares, the holders of outstanding Series B Preferred Shares will have the rights referred to under "Certain Terms of the Series B Preferred Shares-- Voting Rights", including the right to appoint a trustee, which trustee shall be authorized to exercise the Company's right to accelerate the principal amount of the Series B Loans and to enforce the Company's other creditor rights under the Series B Loans.
Prior Stockholders Agreement Prior to the January 15, 2015 effective date of the Fourth Stockholders Agreement, the stockholders agreement previously in effect (the “Third Stockholders Agreement”) also provided for demand registration rights for Apollo Management V, L.P. and Apollo Management VI, L.P. (collectively, “Apollo”) and by certain affiliates of Graham Partners, Inc.
The Prior Stockholders Agreement is hereby terminated effective the date hereof.
Amended and Restated Stockholders Agreement We previously entered into the Prior Stockholders Agreement in connection with TFG Radiant's prior investment in our common stock.
This Agreement may only be modified or amended by an instrument in writing signed by (i) the Corporation, (ii) the holders of two-thirds (2/3) of the then outstanding Series A Preferred Shares and Series C Preferred Shares, voting together as a single class and (iii) the holders of at least a majority of the shares of Common Stock held by the Prior Stockholders (the “Minimum Required Stockholders”).
Upon a breach or threatened breach of the terms, covenants and/or conditions of this Agreement by a Prior Stockholder, a Purchaser or the Company, the Purchasers, Prior Stockholders and the Company, as the case may be, shall, in addition to all other remedies, be entitled to a temporary or permanent injunction, without showing any actual damage, and/or a decree for specific performance, in accordance with the provisions hereof.
The Parties hereto agree that upon the proper and duly authorized execution and delivery of this Agreement, the Prior Stockholders' Agreement shall be superceded by this Agreement and cancelled in its entirety.