Regulatory Problem definition

Regulatory Problem means any set of facts or circumstance wherein it has been asserted by any governmental regulatory agency (or a Regulated Stockholder reasonably believes that there is a risk of such assertion) that such Regulated Stockholder is not entitled to acquire, own, hold or control, or exercise any significant right (including the right to vote) with respect to, any Equity Securities of the Company or any subsidiary of the Company.

Regulatory Problem means (i) any set of facts or circumstances wherein it has been asserted by any governmental regulatory agency (or Investor believes that there is a significant risk of such assertion) that such Person (or any bank holding company that controls such Person) is not entitled to hold, or exercise any material right with respect to, all or any portion of the Securities of the Company which such Person holds or (ii) when such Person and its Affiliates would own, control or have power (including voting rights) over a greater quantity of Securities of the Company than is permitted under any law or regulation or any requirement of any governmental authority applicable to such Person or to which such Person is subject.

Regulatory Problem means, with respect to any SBIC Holder providing ------------------ Financing under this Agreement, any set of facts or circumstances wherein it has been asserted by any governmental regulatory agency (or any SBIC Holder reasonably believes in good faith that there is a substantial risk of such assertion) that such SBIC Holder and its Affiliates are not entitled to hold, or exercise any significant right with respect to, the Securities.

Examples of Regulatory Problem in a sentence

• In the event that IMRF determines in its sole discretion that investments held by the Fund alone or together with all other investments held by IMRF is reasonably likely to cause IMRF a Regulatory Problem, the Investment Manager agrees in good faith to cooperate with and assist IMRF’s efforts in eliminating such Regulatory Problem through the divestment of investments held by the Fund or otherwise.

• The Company and each Investor agree to not amend or waive the voting or other provisions of the Company's Third Amended and Restated Certificate of Incorporation, the Company's Bylaws or this Agreement if such amendment or waiver would cause JPMP or any of its affiliates to have a Regulatory Problem (as defined in the Regulatory Sideletter).

• When such term is used in the context of a Regulatory Problem, it also has the meaning ascribed to it in any Law.

• Regulatory Problem through the divestment of investments held by the Fund or otherwise.

• The Subscriber agrees that it shall not be entitled to (i) deliver an Opinion of Limited Partner's Counsel to the effect that it has a Limited Partner Regulatory Problem under Section 7.7 of the Partnership Agreement, or (ii) a General Excused Investment under Section 7.13 of the Partnership Agreement, in either case if the Subscriber at any time fails to qualify for an exclusion, an exemption and/or other relief under the Xxxxxxx Rule.

More Definitions of Regulatory Problem

Regulatory Problem means any set of facts or circumstances wherein it has been asserted by any governmental regulatory agency (or an SBIC Investor believes that there is a substantial risk of such assertion) that such SBIC Investor is not entitled to hold, or exercise any significant right with respect to, the underlying Common Sock of the Company.

Regulatory Problem means (i) a reasonable likelihood that all or any part of a Stockholder’s assets would be deemed to be “plan assets” for purposes of ERISA or (ii) a change in the statute or regulation that authorizes or governs the investment by an equityholder of a Stockholder in such Stockholder that makes investing in the Stockholder illegal for such equityholder.

Regulatory Problem means any set of facts or circumstances in which the Investor's ownership of securities issued by the Company (i) gives rise to a material violation of Law by Investor or any of its Affiliates, or gives rise to a reasonable belief by Investor that such a violation is likely to occur or (ii) gives rise to a limitation in Law that will impair materially the ability of Investor or any Affiliate to conduct its business or gives rise to a reasonable belief by Investor that such a limitation is likely to arise.

Regulatory Problem has the meaning set forth in the Amended and Restated Regulatory Side letter.

Regulatory Problem means any transaction, circumstance or situation whereby (i) a Person and such Person’s Affiliates would own, control or have power over a quantity of securities of any kind issued by Borrower or any Credit Party or any other entity greater than is permitted under any requirement of any governmental authority, or (ii) it has been asserted by any governmental regulatory agency, or such Person believes, that such Person or its Affiliates are not entitled to hold, or exercise any significant right under or with respect to, the Securities or the Underlying Common Stock held by such Person.

Regulatory Problem has the meaning set forth in Section 5.12(a)(ii).

Regulatory Problem means any set of facts or circumstances wherein it has been asserted by any governmental regulatory agency (or CVC believes that there is a substantial risk of such assertion) that CVC is not entitled to hold, or exercise any significant right with respect to, the Stock.