Existing Stockholder definition

Existing Stockholder means any stockholder of the Borrower which, together with such stockholder’s affiliates, owns more than 5% of the common stock of the Borrower as of the Closing Date so long as the Xxxxxx Affiliates continue to own more common stock of the Borrower than such Existing Stockholder.

Existing Stockholder means Capital Z Financial Services Fund II, L.P. and any Affiliate or Associate thereof.

Existing Stockholder means Philip Services Corp., an Ontario corporation, and any wholly owned Suxxxxxxry thereof.

Examples of Existing Stockholder in a sentence

• Except as set forth above in this Section 3.7, the Company shall not pay any Existing Stockholder or any of their affiliates any fees or compensation from the Company, for services rendered to the Company prior to, or in connection with, the consummation of a Business Combination; provided that the Existing Stockholders shall be entitled to reimbursement from the Company for their reasonable out-of-pocket expenses incurred in connection with seeking and consummating a Business Combination.

• The Company will not consummate a Business Combination with any entity which is affiliated with any Existing Stockholder unless the Company obtains an opinion from an independent investment banking firm that is a member of the NASD that the Business Combination is fair to the Company’s stockholders from a financial perspective.

• There are no claims, payments, arrangements, agreements or understandings relating to the payment of a finder’s, consulting or origination fee by the Company or any Existing Stockholder with respect to the sale of the Securities hereunder or any other arrangements, agreements or understandings of the Company or any Existing Stockholder that may affect the Underwriters’ compensation, as determined by the NASD.

• No Existing Stockholder, employee, officer or director of the Company is subject to any non competition agreement or non-solicitation agreement with any employer or prior employer which could materially affect his ability to be an Existing Stockholder, employee, officer and/or director of the Company.

• Any decision, act, consent or instruction of the Existing Stockholders Representative shall constitute a decision of all Existing Stockholders and shall be final, binding and conclusive upon each Existing Stockholder, and the Corporation may rely upon any decision, act, consent or instruction of the Existing Stockholders Representative as being the decision, act, consent or instruction of each Existing Stockholder.

More Definitions of Existing Stockholder

Existing Stockholder means (i) each holder of Common Stock as of the Original Issue Date and any employee of the Company who acquires Common Stock after the Original Issue Date and (ii) with respect to any such holder, any Permitted Transferee thereof.

Existing Stockholder means (i) with respect to FRI, the stockholders of FRI on the date hereof including (without limitation) Apollo FRI Partners, L.P. and Green Equity Investors, L.P. and the Related Persons of such stockholders and (ii) with respect to the Company, FRI and each Person specified in clause (i) above.

Existing Stockholder shall have the meaning set forth in the recitals hereto.

Existing Stockholder means each of Quantum Industrial Partners LDC, a Cayman Islands limited duration company, SFM Domestic Investments LLC, a Delaware limited liability company, Maverick Fund USA, Ltd., a Texas limited partnership, Maverick Fund, L.D.C., a Cayman Islands exempted limited duration company, Maverick Fund II, Ltd., a Cayman Islands exempted company, Prentice Consumer Partners, LP, a Delaware limited partnership and Rho Ventures VI, L.P.

Existing Stockholder shall have the meaning set forth in Section 3.1 hereof.

Existing Stockholder means J. Gxxxxx Xxxxxxxxx, his spouse and his heirs, and his estate and any trust established for him, his spouse or his heirs.

Existing Stockholder shall have the meaning set forth in the preamble.