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

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 14 contracts

Samples: Indemnification Agreement (Kodiak Gas Services, Inc.), Indemnification Agreement (Kodiak Gas Services, Inc.), Indemnification Agreement (Kodiak Gas Services, Inc.)

AutoNDA by SimpleDocs

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT Vista and its affiliates, respective 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 3 contracts

Samples: Indemnification Agreement (Cvent Holding Corp.), Indemnification Agreement (Dragoneer Growth Opportunities Corp. II), Indemnification Agreement (Allvue Systems Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below)person, other than EQT and its affiliates, the Xxxxxx Xxxxx Group 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 3 contracts

Samples: Indemnification Agreement (Roundy's, Inc.), Indemnification Agreement (Roundy's, Inc.), Indemnification Agreement (Roundy's, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT Xxxxx Xxxxx and its affiliates, 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement (Instructure Holdings, Inc.), Indemnification Agreement (Sailpoint Technologies Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT Vista and its affiliates, 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement (Ping Identity Holding Corp.), Indemnification Agreement (Roaring Fork Holding, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT Apax 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement (Turing Holding Corp.), Indemnification Agreement (Paycor Hcm, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 2 contracts

Samples: Indemnification Agreement (BRC Inc.), Indemnification Agreement (Rhodium Enterprises, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below)Person, other than EQT and its affiliates, and other than a trustee or other fiduciary holding securities under an employee benefit plan of the Company acting in such capacity 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 (as defined above)Owner, directly or indirectly, of securities of the Company representing thirty percent (30%) or more than 50% of the combined total voting power of represented by the Company’s then outstanding securitiesVoting Securities, unless the change in the relative Beneficial Ownership of securities of the Company’s securities Company by any Person results solely from a reduction in the aggregate number of then outstanding securities entitled to vote generally in the election of directorsVoting Securities;

Appears in 1 contract

Samples: Indemnification Agreement (Spectrum Pharmaceuticals Inc)

AutoNDA by SimpleDocs

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT Summit Partners and its affiliates, 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (A.K.A. Brands Holding Corp.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT TJC 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (Specialty Building Products, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT GTCR and its affiliates, 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 (as defined above), directly or indirectly, of securities of the Company representing more than 50% of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (Maravai Lifesciences Holdings, Inc.)

Acquisition of Stock by Third Party. Any Person (as defined below), other than EQT 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 CompanyDesignating Stockholder, is or becomes the Beneficial Owner (as defined abovebelow), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more than of the combined voting power of the Company’s then outstanding securities, or a Designating Stockholder becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing fifty percent (50% %) or more of the combined voting power of the Company’s then outstanding securities, unless the change in relative Beneficial Ownership of the Company’s securities by any Person results solely from a reduction in the aggregate number of outstanding shares of securities entitled to vote generally in the election of directors;

Appears in 1 contract

Samples: Indemnification Agreement (Virgin America Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.