Qualifying Persons definition
Examples of Qualifying Persons in a sentence
Notwithstanding the foregoing, Affiliate shall not include any entity the shares or other equity interests of which are traded over any public exchange and for which the total number of shares or other equity interests held by all Qualifying Persons do not exceed five percent (5%) of the total number of shares or other equity interests outstanding.
The quorum of the Supervisory Board shall be six members of the Supervisory Board (if the Supervisory Board comprises eight members) or ten members of the Supervisory Board (if the Supervisory Board comprises fourteen members), provided in each case that the members in attendance include at least two Qualifying Persons designated by Shell and at least two Qualifying Persons designated by ▇▇▇▇▇.
A person voting as a proxy for a member of the Supervisory Board shall, if his appointor is not present, be counted in his own capacity and in his capacity as a proxy for determining whether the requisite number of members are in attendance in aggregate, but not for determining whether the requisite number of Qualifying Persons designated by Shell or Cosan are in attendance.
Save for the restrictions foreseen under the applicable laws, Class A Shareholder may transfer her Class A Shares to a Qualifying SPV and/or Qualifying Persons, subject to Articles 3.4 and provided that such Person shall execute and deliver the Deed of Adherence as provided in Schedule 3.04 to the relevant Party(ies) and becomes party to this Agreement as the Class A Shareholder.
In furtherance thereof, Trust II may require Hines Investor and/or Holding Partnership to transfer Trust II Class A Common Shares and Trust II Class A Preferred Shares held by them to up to 100 different Persons ("Trust II Qualifying Persons") in such amounts as the Board of Trustees deems advisable to satisfy the requirements of Section 856(a)(5) of the Code.