Qualifying Holders definition
Examples of Qualifying Holders in a sentence
Fractions of New Shares shall not be allotted to Qualifying Holders.
The Company shall consult with and obtain the consent of a Qualifying Holder before issuing any press release or making any other public disclosure using that Qualifying Holder's name or otherwise making reference to that Qualifying Holder, unless the release or disclosure is required to discharge the Company's legal obligations (in which case the Company shall consult with that Qualifying Holder before issuing the release or making the disclosure).
If the number of Rights Shares applied for pursuant to the Excess Application Forms exceeds the number of Rights Shares which have not been taken up by the Qualifying Holders or persons to whom they have renounced their rights under the Provisional Allotment Letters, the Company shall ensure that the excess Rights Shares shall be allocated on a fair and equitable basis but without preference to topping up odd lots to whole board lots.
The fully exercising Qualifying Holders shall have the right, exercisable by written notice to the Company within five (5) Business Days from the giving of such further notice by the Company (the “Over-Allotment Period”), to subscribe for a pro rata share of the unsubscribed portion of the Financing on the basis of the number of shares of Fully Diluted Common Stock held by fully exercising Qualifying Holders and other fully exercising security-holders of the Company.
Prior to the issuance of any shares of Earn-Out Common Stock, Buyer shall cause Parent to take all such action as may be required to effect the registration under the Securities Act of such shares of Earn-Out Common Stock, all to the extent necessary to permit the disposition by Qualifying Holders of the Earn-Out Common Stock received by such Qualifying Holders.
The Company shall furnish such notices, information and communications to each current Holder that elects to receive such notices, information and communications concurrently with the furnishing of such notices, information or communications to the Lenders or, if Indebtedness under the Credit Agreement is no longer outstanding, to Qualifying Holders at the times set forth in Section 5.03(s) of the Credit Agreement.
The Qualifying Holders may transfer Registrable Securities in any manner permitted hereunder and permitted under the Note Terms Agreement to any Person whether or not such Person is required to file with the Commission a Schedule 13D under the Exchange Act.
Each Stockholder proposing to make a Proposed Transfer must deliver a Proposed Transfer Notice to the Company and the Qualifying Holders not later than forty-five (45) days prior to the consummation of such Proposed Transfer.
Fractions of New Shares shall not be allotted to Qualifying Holders and the entitlements of Qualifying Holders shall be rounded down to the nearest whole number of New Shares.
The Company will promptly enter into an underwriting agreement reasonably acceptable to the Company and such Qualifying Holder or Qualifying Holders with such underwriters for such offering, such Agreement to contain such terms and provisions as are customarily contained in underwriting agreements with respect to secondary distributions, including, without limitation, indemnities to the affect and to the extent provided in Section 1.6 hereof.