Tier 1 Holder definition

Tier 1 Holder means any Company Security Holder that, as of the Effective Date, together with its Affiliates, owns Company Securities that represent at least 35% of the votes entitled to be cast by all Common Units and Preferred Units convertible into Common Units (calculated as a single class on an as-converted to Common Unit basis) and, for the avoidance of doubt, any Company Security Holder that is indicated as a Tier 1 Holder on Schedule A (each of which shall be a Tier 1 Holder from and after the Effective Date).
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Tier 1 Holder means any Company Security Holder that, as of the Effective Date, together with its Affiliates, owns Company Securities that represent at least 35% of the votes entitled to be cast by all Common Units and Preferred Units convertible into Common Units (calculated as a single class on an as-converted to Common Unit basis).
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Examples of Tier 1 Holder in a sentence

  • In the event that a Tier 1 Holder together with its Affiliates ceases to have the (and no longer has any) right to designate and appoint and has designated and appointed any Manager in accordance with Section 6.4(a)(i), then the then serving Tier 1 Manager shall no longer be a Tier 1 Manager and shall thereafter be subject to Section 6.4(a)(v) and such Manager’s removal shall thereafter be subject to this Section 6.5(a)(iv).

  • In the event that a Tier 1 Holder together with its Affiliates ceases to have the (and no longer has any) right to designate and appoint and has designated and appointed any Manager in accordance with Section 6.4(a), then the then serving Tier 1 Manager shall no longer be a Tier 1 Manager and shall thereafter be subject to Section 6.4(a)(v) and such Manager’s removal shall thereafter be subject to this Section 6.5(a)(iv).

Related to Tier 1 Holder

  • Note A-1-1 Holder means the Initial Note A-1-1 Holder or any subsequent holder of Note A-1-1, as applicable.

  • Note A-1 Holder means the Initial Note A-1 Holder or any subsequent holder of Note A-1, as applicable.

  • Note A-1-2 Holder means the Initial Note A-1-2 Holder or any subsequent holder of Note A-1-2, as applicable.

  • Initial Note A-1 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Note A-2 Holder means the Initial Note A-2 Holder or any subsequent holder of Note A-2, as applicable.

  • Effective FTR Holder means:

  • Initial Note A-2 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Note A-3 Holder means the Initial Note A-3 Holder or any subsequent holder of Note A-3, as applicable.

  • Qualifying Holder shall have the meaning ascribed thereto in Section 12 hereof.

  • Initial Note A-3 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Shareholder-Employee means a Participant who owns more than five percent (5%) of the Employer's outstanding capital stock during any year in which the Employer elected to be taxed as a Small Business Corporation under the applicable Code Section.

  • Proposed Nominee Associated Person of any Proposed Nominee shall mean (A) any Person acting in concert with such Proposed Nominee, (B) any direct or indirect beneficial owner of Shares owned of record or beneficially by such Proposed Nominee or Person acting in concert with the Proposed Nominee and (C) any Person controlling, controlled by or under common control with such Proposed Nominee or a Proposed Nominee Associated Person.

  • Permit Holder means the Person to whom a Building Permit has been issued.

  • Eligible Holder means a Limited Partner whose (a) federal income tax status would not, in the determination of the General Partner, have the material adverse effect described in Section 4.9(a)(i) or (b) nationality, citizenship or other related status would not, in the determination of the General Partner, create a substantial risk of cancellation or forfeiture as described in Section 4.9(a)(ii).

  • Note A-8 Holder means the Initial Note A-8 Holder or any subsequent holder of Note A-8, as applicable.

  • Eligible Stockholder means a person who has either (1) been a record holder of the shares of common stock of the Corporation used to satisfy the eligibility requirements in Section 3.2(d) continuously for the required three-year period or (2) provides to the Secretary of the Corporation, within the time period referred to in Section 3.2(e), evidence of continuous Ownership of such shares for such three-year period from one or more securities intermediaries.

  • Initial Investor Interest means, with respect to any Series of Certificates, the amount stated in the related Supplement.

  • Note A-6 Holder means the Initial Note A-6 Holder or any subsequent holder of Note A-6, as applicable.

  • Drug-dependent person means a person who is using a

  • Series B Holder means a Record Holder of the Series B Preferred Units.

  • Ineligible Holder is defined in Section 4.8(c).

  • Participating Stockholder means a “Participating Stockholder” under the HBB Stockholders’ Agreement, HY Stockholders’ Agreement and NACCO Stockholders’ Agreement, to the extent the Partnership owns HBB Class B Shares, HY Class B Shares or NACCO Class B Shares. A Partner shall cease to be a Participating Stockholder under this Agreement and shall be deemed to be a Former Partner immediately prior to any event or lapse of time that causes such Partner to no longer be a “Participating Stockholder” under such applicable stockholders’ agreements.