Covered Holder means a Series B Preferred Stockholder, a Series C Preferred Stockholder, any transferee or assignee of any of the foregoing to whom a Series B Preferred Stockholder or Series C Preferred Stockholder assigns its rights under this Agreement and who agrees to become bound by the provisions of this Agreement in accordance with Section 8 and any transferee or assignee thereof to whom a transferee or assignee assigns its rights under this Agreement and who agrees to become bound by the provisions of this Agreement in accordance with Section 8.
Covered Holder means any participant or co-lender that does not deliver a Third Party Agreement pursuant to Section 6(a) in connection with a Transfer of a Junior Loan, and on behalf of which one or more other participants or co-lenders in such Junior Loan delivers a Third Party Agreement undertaking the respective liability (or portion thereof) of such participant or co-lender for such participant’s or co-lender’s pro rata portion (based on the percentage interest held by such participant or co-lender in such Junior Loan as of the date of such Transfer) of the applicable Future Third Party Obligations.
Covered Holder means each of (i) the Purchasers and any of their respective Affiliates that acquires Registrable Securities from any Purchaser or any of their respective Affiliates and (ii) any other Person who acquires (consistent with the terms of the Purchase Agreement and the Articles Supplementary relating to the Series A Preferred Stock) Registrable Securities for an aggregate purchase price of at least $10 million (or which have a Liquidation Amount of at least $10 million) and who shall have been designated as a Covered Holder by any Purchaser in a written notice to the Company, provided that the rights of any Person designated as a Covered Holder referred to in clause (ii) shall be limited if and to the extent provided in such notice; and provided further, that each Purchaser shall not be entitled (x) to designate more than 5 Covered Holders or (y) to designate any Covered Holder to the extent the Registrable Securities would continue to be Registrable Securities for a period longer than would be the case in the hands of such Purchaser or any of its Affiliates (so that the period for which such Registrable Securities shall continue to be Registrable Securities in the hands of such designee shall be limited to the period in which they would have been Registrable Securities in the hands of such Purchaser or any of its Affiliates).
Examples of Covered Holder in a sentence
Except as provided for in this S ection 1, nothing contained in this S ection 1 shall be deemed to vest in any party other than the Covered Holders any direct or indirect ownership or incidence of ownership of or with respect to any Covered Shares held by the Covered Holder and all rights, ownership and economic benefits of and relating to such Covered Shares (other than the Entrusted Rights) shall remain vested in and belong to the Covered Holder.
If to the Covered Holders, to the addresses set forth the name of such Covered Holder on S chedule 1.
Unexcused absences from a performance/practice will result in consequences.
Each Covered Holder hereby acknowledges and agrees it is liable for any legal consequences arising from the Proxyholder’s exercise of the aforesaid Entrusted Rights.
If for whatever reason or no reason a Proxy is deemed invalid, unlawful or otherwise unenforceable, the Covered Holder having, or having purported to, grant such Proxy agrees to vote, or cause to be voted, all Covered Shares held by such Covered Holder, or over which such Covered Holder has voting power or control, from time to time and at all times, in the manner directed by the Proxyholder in respect of all consents or resolutions of the Company.
More Definitions of Covered Holder
Covered Holder means each holder of Warrants or Non-Public Warrant Shares.
Covered Holder means each of (i) the Purchasers and any of their respective Affiliates that acquires Registrable Securities from any Purchaser or any of their respective Affiliates and (ii) any other Person who acquires (consistent with the terms of the Purchase Agreement and the Articles Supplementary relating to the Series A Preferred Stock) Registrable Securities for an aggregate purchase price of at least $10 million (or which have a Liquidation Amount of at least $10 million) and who shall have been designated as a Covered Holder by any Purchaser in a written notice to the Company, provided that the rights of any Person designated as a Covered Holder referred to in clause (ii) shall be limited if and to the extent provided in such notice; and provided further, that each Purchaser shall not be entitled (x) to designate more than 5 Covered Holders or (y) to designate any Covered Holder to the extent the Registrable Securities would continue to be Registrable Securities for a period longer than would be the case in the hands of such Purchaser or any of its Affiliates (so that the period for which such Registrable Securities shall continue to be Registrable Securities in the hands of such designee shall be
Covered Holder means any participant or co-lender that does not deliver a Third Party Agreement to satisfy the Conversion Conditions, or pursuant to Section 6(a) in connection with a Realization Event of such Junior Loan, and on behalf of which one or more other participants or co-lenders in such Junior Loan delivers a Third Party Agreement
Covered Holder means (x) FBR, FBR LT, FBR Capital Markets, FBR PT, the other persons named as Holders of Warrants or Common Shares in the preamble but in each case only in respect of Registrable Securities owned by such Holder and (y) any permitted transferee or assignee of Warrants or Registrable Securities who agrees to become bound by all of the terms and provisions of this Agreement.
Covered Holder means each of (i) the Series B Preferred Shareholders and any of their respective Affiliates that acquires Registrable Securities from any Series B Preferred Shareholder or any of their respective Affiliates and (ii) any other Series B Preferred Shareholder that holds a minimum of 20 percent of the Series B Preferred Stock.
Covered Holder means (x) MAC but only in respect of Registrable Securities owned by MAC and (y) any permitted transferee or assignee of Warrants or Registrable Securities who agrees to become bound by all of the terms and provisions of this Agreement.
Covered Holder means any participant or co-lender that does not deliver a supplemental Third Party Agreement to satisfy the Conversion Conditions, or pursuant to Section 6(a) in connection with a Realization Event of such Junior Loan, and on behalf of which one or more other participants or co-lenders in the related Junior Loan delivers a supplemental Third Party Agreement undertaking the respective liability (or portion thereof) of such participant or co-lender for such participant’s or co-lender’s pro rata portion (based on the percentage interest held by such participant or co-lender in such Junior Loan as of the date of such assumption, conversion or Realization Event) of the applicable Future Third Party Obligations.