Holder and Holders definition

Holder and Holders. As defined in Section 2(b) hereof.
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Holder and Holders means: (i) the Major Holders; (ii) any Person that received a distribution of Reorganization Common Stock, PIK Debt or Warrants in the Plan and would qualify as an “underwriter” as defined in Section 1145(b) of the Bankruptcy Code or that reasonably requests to be included as a Holder; provided that for purposes of this clause (ii), no Person shall be deemed to be an “underwriter” or to have reasonably requested inclusion as a Holder, unless such Person shall have provided to the Company an opinion of counsel, in form and substance reasonably acceptable to the Company, stating that such Person is unable to sell in a public distribution all of such Reorganization Common Stock, PIK Debt or Warrants pursuant to Rule 144 (without volume limitation) or another available exemption under the Securities Act; (iii) any other Person that acquires Registrable Securities directly from a Major Holder in a transaction that includes a contractual assignment to such Person of such Major Holder’s registration rights under this Agreement and, as a result of such acquisition, is unable to sell in a public distribution all of its Registrable Securities pursuant to Rule 144 (without volume limitation) or another available exemption under the Securities Act and provides to the Company an opinion of counsel, in form and substance reasonably acceptable to the Company, stating the same; or (iv) any lender or financial institution that acquires Reorganization Common Stock, PIK Debt or Warrants by foreclosure pursuant to a bona fide pledge arrangement with a Major Holder, and any transferees of such lender or financial institution.
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Examples of Holder and Holders in a sentence

  • This Note shall be binding upon Maker and Maker's successors and assigns and shall inure to the benefit of Holder and Holder's successors and assigns; and each reference herein to Maker or to Holder shall, except where the context shall otherwise require, be deemed to include its respective successors and assigns.

  • This Note shall be binding upon Guarantor and Guarantor's heirs, successors and assigns and shall inure to the benefit of Holder and Holder's successors and assigns; and each reference herein to Guarantor, except where the context shall otherwise require, be deemed to include its heirs, successors and assigns.

  • All materials and information requested by Holder, and Holder's counsel and advisors, or others representing Holder, have been made available and examined.

  • With respect to any Notes held by and all obligations of the Company and the Guarantor hereunder and under the Security Documents, the Agent shall have the same rights and powers as any Holder and may exercise the same as though it were not an Agent, and the terms "Holder" and "Holders" shall include the Agent in its individual capacity.

  • Holder and Holder's representatives have such knowledge and experience in business and financial matters that they are capable of evaluating the Company, its business operations, and the risks and merits of an investment in the Company.

  • The provisions of this Warrant shall inure to the benefit of, and be binding upon, the Company and its successors and assigns and upon Holder and Holder's permitted assigns, permitted transferees and legal representatives, whether or not any such person shall have become a party to this Warrant and have agreed in writing to join herein and be bound by the terms hereof.

  • Holder and Holders shall have the meanings set forth in the Introduction hereto.

  • Notices and requests delivered by Holder to the Company pursuant to this Article 2 shall contain such information regarding Holder and Holder's Warrant Shares and the intended method of disposition thereof as shall reasonably be required in connection with the action to be taken.

  • All rights and powers established in this Note shall benefit Holder and Holder's successors and assigns; provided, however, that all transfers of this Note by Holder are subject to the restrictions described in the legend at the end of this Note.

  • If the Company (or its designee(s)) desires to purchase all or any part of the Selling Holder Shares, the Company (or its designee(s)) shall communicate in writing of its election to purchase the Selling Holder Shares to the Selling Holder and Holders ("Company Election") which communication shall state the number of Selling Holder Shares the Company desires to purchase and shall be given in accordance with the notice requirements of this Agreement.

Related to Holder and Holders

  • Acting Holders means, at the time of determination, Holders of at least 40% of the outstanding CVRs as set forth on the CVR Register.

  • Existing Holders shall have the meaning given in the Preamble.

  • Record Holders means the holders of record of Parent Shares as of the Record Date.

  • Company Securityholders means the Company Stockholders, Company Optionholders and Company Warrantholders, collectively.

  • Controlling Shareholders means controlling shareholders of the Company, as such term is defined in the Ordinance.

  • Holders means the holder or holders, as the case may be, from time to time of Registrable Securities.

  • Record Holder or “Holder” as applied to a Receipt shall mean the person in whose name such Receipt is registered on the books of the Depositary maintained for such purpose.

  • Existing Holder means a Broker-Dealer, or any such other Person that may be permitted by the Trust, that is listed as the holder of record of APS in the Share Books.

  • Initial Shareholders means the Sponsor, the Directors and officers of the Company or their respective affiliates who hold shares prior to the IPO;

  • Majority Shareholders means Xxxxxxx X. Xxx and Xxxxxxx X. Xxxxxxx.

  • Warrant Holders or “Holders” means the holders of the Warrants; and

  • Selling Holders means, with respect to a specified registration pursuant to this Agreement, Holders whose Registrable Securities are included in such registration.

  • Majority Stockholders means any Stockholder or combination of Stockholders who at the date of this Agreement own shares of Company Common Stock representing more than two-thirds of the total number of shares of Company Common Stock outstanding at the date of this Agreement.

  • Initial Holders has the meaning set forth in the preamble.

  • Majority Shareholder means a holder of more than fifty percent (50%) of the outstanding stock of the Company, or if no person holds more than fifty percent (50%) of the outstanding stock of the Company, the holder of a plurality of the outstanding stock of the Company.

  • Participating Holders means all Holders of Registrable Securities which are proposed to be included in any offering of Registrable Securities pursuant to Section 2.1 or Section 2.2.

  • Existing Stockholders means the stockholders of the Corporation immediately prior to the IPO as listed on Schedule A (including the Existing Stockholders Representative in its capacity as an Existing Stockholder) together with any Permitted Assignees.

  • Preferred Holders means the record owners of outstanding Preferred Securities.

  • Securityholder or Holder Any Noteholder or a Certificateholder.

  • Series B Holder means a Record Holder of the Series B Preferred Units.

  • Electing Holder means any holder of Registrable Securities that has returned a completed and signed Notice and Questionnaire to the Company in accordance with Section 3(d)(ii) or 3(d)(iii) hereof.

  • Qualified Holder means any person who:

  • Principal Shareholders means Xxxx X. Xxxx, Xxx X. Xxxxxxx and Xxxxx X. Xxxxxx, and their respective assignees or successors in interest.

  • Non-Directing Holders means the holders of Certificates representing the specified interest in the class of Certificates designated as the “controlling class” or the duly appointed representative of the holders of such Certificates or such other party otherwise entitled under the Note A-2 PSA to exercise the rights granted to the Non-Directing Holders in this Agreement. If Note A-2 has not been included in a Securitization, the Non-Directing Holder with respect to such Note will be the then-current Holder of such Note.

  • Selling Stockholders means Purchaser and any other purchaser of Units in the Offering, and their respective successors and assigns.

  • Other Shareholders means persons who, by virtue of agreements with the Company other than this Agreement, are entitled to include their securities in certain registrations hereunder.