Examples of Thermo Parties in a sentence
Any transaction between the Company, on the one hand, and one or more of the Thermo Parties, on the other hand, that has a value (as determined in good faith by the Strategic Review Committee) in excess of $250,000, except for any Permitted Financing, any Debt Conversion, any Option Conversion, and subject to the matters discussed on a Schedule delivered by Defendants’ Counsel to Plaintiffs’ Counsel pursuant to the Judgment and on file at the Company’s headquarters.
For the avoidance of doubt, pursuant to the immediately preceding sentence, the Strategic Review Committee may nominate and include on the annual or special meeting proxy card two candidates for a Minority Director seat.In the event that the Strategic Review Committee is required to review a Related Party Transaction, the Strategic Review Committee may convene (for purposes of discussions but not to vote) in executive session outside the present of any employee or Affiliates of the Thermo Parties.
In the event that the Strategic Review Committee is required to review a Related Party Transaction, the Strategic Review Committee may convene (for purposes of discussions but not to vote) in executive session outside the present of any employee or Affiliates of the Thermo Parties.
Until such time as the Thermo Parties no longer beneficially own 45% or more of Globalstar’s outstanding Common Stock (the “Relevant Time Period”), two of the seven Board seats shall be held by director nominees (“Minority Directors”) elected by a plurality vote of Independent Stockholders entitled to vote thereon.
During the Relevant Time Period, the Company shall not have power to effect a Related Party Transaction unless such Related Party Transaction shall be approved by the affirmative vote of a majority of shares of common stock owned by stockholders other than the Thermo Parties and voting affirmatively or negatively on the matter.
Independent Stockholder Review: During the Relevant Time Period, the Company shall not have power to effect a Related Party Transaction unless such Related Party Transaction shall be approved by the affirmative vote of a majority of shares of common stock owned by stockholders other than the Thermo Parties and voting affirmatively or negatively on the matter.
Without in any way limiting the foregoing, it is expressly understood and agreed that the Thermo Parties shall have no liability for errors in, or other failures in or degradation of performance of, the Instrument Software due to Year 2000 issues.
Independent Stockholder Review: During the Relevant Time Period, the Company shall not have power to effect a Related Party Transaction unless 8such Related Party Transaction shall be approved by the affirmative vote of a majority of shares of common stock owned by stockholders other than the Thermo Parties and voting affirmatively or negatively on the matter.
The Thermo Parties shall be provided promptly with any financial, tax or other information regarding the Excluded Product Lines as either of the Thermo Parties shall reasonably request, subject to any limitations on access to such information set forth in the Consent Order, the Hold Separate or the European Undertakings.
It is intended by the parties hereto that each of the Hologic Released Parties, each of the Xxxxxxx Parties other than Xxxxxxx and each of the Thermo Parties other than Thermo and Trex is an intended third party beneficiary to this Agreement.