Examples of Oaktree Investors in a sentence
Notwithstanding anything to the contrary in this Agreement, immediately prior to and following an IPO or Sale of the Company, the Oaktree Investors shall have the right, in their discretion, to terminate all or any portion of this Agreement and, following such a termination, the provisions so terminated shall no longer have any force or effect.
If any demand registration or piggyback registration is an underwritten offering, then the selection of investment banker(s) and manager(s) for the offering will be made by the Oaktree Investors, subject to the approval of the IPO Entity (such approval shall not be unreasonably withheld, conditioned or delayed).
Such notices, demands and other communications will be sent to the Company at the address set forth below and to any Shareholder or other holder of Corporation Shares subject to this Agreement at such address as indicated on the Oaktree Investors Schedule or Other Shareholders Schedule, as applicable, with copies (which shall not constitute notice) to such address or to the attention of such other person as the recipient party has specified by prior written notice to the sending party.
The corporation hereby acknowledges that certain directors affiliated with OCM Big Wave LLC and each of its affiliates who may from time to time become stockholders of the corporation (collectively, the “Oaktree Investors”) may have certain rights to indemnification, advancement of expenses and/or insurance provided by such Oaktree Investors or certain of their respective affiliates (collectively, the “Institutional Indemnitors”).
Under their agreement with the Company, the Oaktree Investors may designate two Board of Directors observers for as long as the aggregate outstanding principal amount of the Company Notes is at least $100 million or the Oaktree Investors and their affiliates collectively own at least 15.0% of all issued and outstanding Common Stock of the Company (assuming exercise of their warrants in full).