Total Ownership Percentage definition
Examples of Total Ownership Percentage in a sentence
Unless sooner terminated in accordance with the preceding sentences, this Agreement (other than Section 8 hereof) shall terminate in its entirety on such date as the Total Ownership Percentage (as defined in the Investment Agreement) of the Holder shall be less than 2%, provided that any shares of Common Stock previously subject to this Agreement shall not be Registrable Securities following the sale of any such shares in an offering registered pursuant to this Agreement.
In addition, in the case of any Dilutive Issuance in connection with any acquisition or other business combination transaction, by merger or otherwise, by the Company, the Company shall be required to provide the Shareholder with a Dilutive Issuance Right only to the extent of restoring the Shareholder Group's Total Ownership Percentage to the Adjusted Maximum Ownership Percentage.
Notwithstanding the foregoing, this Agreement and all of its provisions shall terminate upon the earlier of (a) the consummation of a Change of Control; or (b) at the end of a continuous two (2)-year period (i) beginning on or after the eighteenth (18th) anniversary of the date hereof and (ii) during which for the entire time the Shareholder Group Beneficially Owns less than a Total Ownership Percentage of zero point thirty percent (0.30%).
During the term of this Agreement, if the Shareholder Group’s Total Ownership Percentage is below the Maximum Ownership Percentage, the Shareholder Group may at its option purchase Voting Securities from time to time in the open market or otherwise in an amount not in excess of the amount that would cause the Shareholder Group’s Total Ownership Percentage to exceed the Maximum Ownership.
During the term of this Agreement, if the Shareholder Group's Total Ownership Percentage is below the Maximum Ownership Percentage, the Shareholder Group may at its option purchase Voting Securities from time to time in the open market or otherwise in an amount not in excess of the amount that would cause the Shareholder Group's Total Ownership Percentage to exceed the Maximum Ownership Percentage.