Common use of Acquisition of Stock by Third Party Clause in Contracts

Acquisition of Stock by Third Party. Any Person, other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 5 contracts

Samples: Director and Officer Indemnification Agreement (iFit Health & Fitness Inc), Director and Officer Indemnification Agreement (Definitive Healthcare Corp.), Indemnification Agreement (PJT Partners Inc.)

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Acquisition of Stock by Third Party. Any Person, other than Advent and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 5 contracts

Samples: Director and Officer Indemnification Agreement (First Watch Restaurant Group, Inc.), Form of Director and Officer Indemnification Agreement (Sovos Brands, Inc.), Director Indemnification Agreement (Cotiviti Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person, other than Tiptree Inc. and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;; (ii)

Appears in 3 contracts

Samples: Form of Indemnification Agreement (Fortegra Group, Inc), Indemnification Agreement (Fortegra Group, Inc), Indemnification Agreement (Fortegra Group, LLC)

Acquisition of Stock by Third Party. Any Person, other than CCMP and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 3 contracts

Samples: Indemnification Agreement (Generac Holdings Inc.), Indemnification Agreement (Generac Holdings Inc.), Indemnification Agreement (Generac Holdings Inc.)

Acquisition of Stock by Third Party. Any PersonPerson (as defined below), other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial OwnerOwner (as defined above), directly or indirectly, of securities of the Company representing fifty (more than 50%) or more % of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Form of Indemnification Agreement (Express, Inc.), Form of Indemnification Agreement (Express, Inc.)

Acquisition of Stock by Third Party. Any PersonPerson (as defined below), other than Waud and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial OwnerOwner (as defined above), directly or indirectly, of securities of the Company representing fifty (more than 50%) or more % of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Form of Indemnification Agreement (Acadia Healthcare Company, Inc.), Indemnification Agreement (Acadia Healthcare Company, Inc.)

Acquisition of Stock by Third Party. Any PersonPerson (as defined below), other than Sun Capital and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial OwnerOwner (as defined above), directly or indirectly, of securities of the Company representing fifty (more than 50%) or more % of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Vince Holding Corp.), Indemnification Agreement (Apparel Holding Corp.)

Acquisition of Stock by Third Party. Any Person, other than Summit Partners and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Fortegra Financial Corp), Indemnification Agreement (Fortegra Financial Corp)

Acquisition of Stock by Third Party. Any PersonPerson (as defined below), other than Sun Capital Partners, Inc. and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial OwnerOwner (as defined above), directly or indirectly, of securities of the Company representing fifty (more than 50%) or more % of the combined voting power of the Company’s then outstanding securities;

Appears in 2 contracts

Samples: Indemnification Agreement (Vince Holding Corp.), Indemnification Agreement (Apparel Holding Corp.)

Acquisition of Stock by Third Party. Any PersonPerson (as defined below), other than Golden Gate and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial OwnerOwner (as defined above), directly or indirectly, of securities of the Company representing fifty (more than 50%) or more % of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Indemnification Agreement (Express Parent LLC)

Acquisition of Stock by Third Party. Any Person, other than the Company’s insurance company and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Form of Director and Officer Indemnification Agreement (Ark Restaurants Corp)

Acquisition of Stock by Third Party. Any Person, person (other than a (1) the Company, (2) any trustee or other fiduciary holding securities under an employee benefit plan of the Company or a (3) any corporation owned owned, directly or indirectly indirectly, by the stockholders members of the Company in substantially the same proportions as their ownership of stock of the Company, ) is or becomes the Beneficial Ownerbeneficial owner (as defined in Rule 13d-3 under the Exchange Act), directly or indirectly, of securities of the Company representing fifty fifteen percent (5015%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Stock Purchase Agreement (Australia Acquisition Corp)

Acquisition of Stock by Third Party. Any Person, other than THL and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Director Indemnification Agreement (inVentiv Group Holdings, Inc.)

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Acquisition of Stock by Third Party. Any Person, other than Summit and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Indemnification Agreement (Fortegra Financial Corp)

Acquisition of Stock by Third Party. Any Person, other than the Berkshire Sponsor and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Portillo's Inc.)

Acquisition of Stock by Third Party. Any Person, other than Advent International Corporation and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Form of Director Indemnification Agreement (NCS Multistage Holdings, Inc.)

Acquisition of Stock by Third Party. Any PersonPerson (as defined below), other than HM Capital and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial OwnerOwner (as defined below), directly or indirectly, of securities of the Company representing fifty (50%) % or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Indemnification Agreement (Berliner Communications Inc)

Acquisition of Stock by Third Party. Any Person, Person other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Form of Indemnification Agreement (Proficient Auto Logistics, Inc)

Acquisition of Stock by Third Party. Any Person, other than the Sponsor and its affiliates and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty (50%) or more of the combined voting power of the Company’s then outstanding securities;

Appears in 1 contract

Samples: Form of Director Indemnification Agreement (Ceridian HCM Holding Inc.)

Acquisition of Stock by Third Party. Any PersonPerson (as defined below), other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company or a corporation owned directly or indirectly by the stockholders of the Company in substantially the same proportions as their ownership of stock of the Company, is or becomes the Beneficial OwnerOwner (as defined above), directly or indirectly, of securities of the Company representing fifty (more than 50%) or more % of the combined voting power of the Company’s 's then outstanding securities;

Appears in 1 contract

Samples: Indemnification Agreement (Express, Inc.)

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