Unaffiliated Holder definition

Unaffiliated Holder means a holder of Class A Preferred Shares that is neither an Affiliate of the Company nor acting in concert with an Affiliate of the Company for the purpose of voting any Class A Preferred Shares.
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Unaffiliated Holder means a Holder that is not an Affiliated Holder.
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Unaffiliated Holder means a Holder that is not an Affiliate of the Initial Purchaser.
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Examples of Unaffiliated Holder in a sentence

  • The Corporation shall, as soon as practicable after receiving notice of such a transfer, issue and deliver to the Unaffiliated Holder in exchange for the transferred shares of Series B Common, a certificate or certificates for the number of shares of Common Stock to which it shall be entitled as aforesaid.

  • Upon the transfer by sale or gift or other means of irrevocable transfer of any of the outstanding shares of Series B Common to any person, corporation, trust or other entity which is an Unaffiliated Holder (as defined below), the transferred shares of Series B Common shall be automatically converted into an equal number of shares of Common Stock.

  • Each holder of Shares other than BIR or any affiliate of BIR (each, an "Unaffiliated Holder") is intended to be and is expressly made a third party beneficiary of this Agreement, and each Unaffiliated Holder is expressly permitted to enforce all of the provisions hereunder as if each was a party hereto.

  • Any Unaffiliated Holder to which this Note is to be transferred shall be a third-party beneficiary for the purposes of this Section 10(b)(ii).

  • In connection with any assignment, sale or transfer of this Note to any Person not a Subsidiary of AOLTW (an "UNAFFILIATED HOLDER") in accordance with the terms of this Note, the Company shall execute and deliver to such Unaffiliated Holder the Assignee Registration Rights Agreement attached to the Agreement as Exhibit E thereto.

  • Each holder of Shares other than BIR or any affiliate of BIR (each, an “UNAFFILIATED HOLDER”) is intended to be and is expressly made a third party beneficiary of this Agreement, and each Unaffiliated Holder is expressly permitted to enforce all of the provisions hereunder as if each was a party hereto.

  • The Company shall, so long as any of the Notes are outstanding, deliver to each 25% Holder and each Unaffiliated Holder, forthwith (but not later than five Business Days after the occurrence thereof) upon any Officer becoming aware of any Default or Event of Default, an Officer's Certificate specifying such Default or Event of Default and what action the Company is taking or proposes to take with respect thereto.

  • Each holder of Shares other than BIR or any affiliate of BIR (each, an "UNAFFILIATED HOLDER") is intended to be and is expressly made a third party beneficiary of this Agreement, and each Unaffiliated Holder is expressly permitted to enforce all of the provisions hereunder as if each was a party hereto.

  • The Company may not sell or assign this Agreement, any Transaction Document or any other agreement with Purchasers, or any portion thereof, either voluntarily or by operation of law, nor delegate any of its duties of obligations hereunder or thereunder, without the prior written consent of Purchasers, which consent may be withheld or conditioned in Purchasers’ sole and absolute discretion.

  • Notwithstanding any other provision of this Guaranty (including, without limitation, Section 2.1), no provision in this Guaranty has or shall have any effect upon, or inure to the benefit of: (i) any Affiliated Holder; or (ii) any successor, endorsee, transferee or assign of an Unaffiliated Holder that is itself an Affiliated Holder.


More Definitions of Unaffiliated Holder

Unaffiliated Holder means any Senior Holder or Junior Holder which is a Participating Holder (as defined in subsection (b) of this Section 1).
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Related to Unaffiliated Holder

  • Designated Holder means the Holder of Note A-1.

  • Restricted Holder means (i) a holder that is an affiliate of the Company within the meaning of Rule 405, (ii) a holder who acquires Exchange Securities outside the ordinary course of such holder’s business, (iii) a holder who has arrangements or understandings with any person to participate in the Exchange Offer for the purpose of distributing Exchange Securities and (iv) a holder that is a broker-dealer, but only with respect to Exchange Securities received by such broker-dealer pursuant to an Exchange Offer in exchange for Registrable Securities acquired by the broker-dealer directly from the Company.

  • Excluded Holder means (a) any Person who at the time this Plan was adopted was the beneficial owner of 20% or more of the outstanding Common Stock; or (b) the Company, a Subsidiary or any Employee Benefit Plan of the Company or a Subsidiary or any trust holding Common Stock or other securities pursuant to the terms of an Employee Benefit Plan.

  • Permitted Holder means (a) Xxxxxxx X. Xxxxxxx, (b) any of his immediate family members or his or their respective heirs by operation of law, will or intestacy or (c) any trust, corporation, partnership or other entity, the beneficiaries, stockholders, partners, owners or Persons beneficially holding a 50.1% or more controlling interest of which consist of Xxxxxxx X. Xxxxxxx and/or his immediate family members.

  • Permitted Holder Group shall have the meaning assigned to such term in the definition of “Permitted Holders.”

  • 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.

  • Excepted Holder means a Stockholder for whom an Excepted Holder Limit is created by the Charter or by the Board pursuant to Section 5.9(ii)(g).

  • Targeted Holder means each holder of (i) a right to receive interest or principal with respect to the Retained Notes, (ii) any interest in the Trust with respect to which an Opinion of Counsel has not been rendered that such interest will be treated as debt for federal income tax purposes, and (iii) a right to receive any amount in respect of the Trust Certificate; provided, however, that any Person holding more than one right or interest each of which would cause such Person to be a Targeted Holder shall be treated as a single Targeted Holder.

  • Initiating Holder has the meaning set forth in Section 2.01(a).

  • 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.

  • Unaffiliated Director means, for purposes of this Code, a director or honorary director of the Fund who is not a director, officer or employee of the Adviser or an affiliate thereof.

  • Permitted Holders means (a) the Investors and (b) any Person with which one or more Investors form a “group” (within the meaning of Section 14(d) of the Exchange Act) so long as, in the case of this clause (b), the relevant Investors beneficially own more than 50% of the relevant voting stock beneficially owned by the group.

  • Participating Holder means any Holder of Registrable Securities that has returned a completed and signed Notice and Questionnaire to the Company in accordance with Section 2(b) hereof.

  • Controlling Holder means, as of any date of determination:

  • Majority Stockholder means any person that would be a “50-percent shareholder” (within the meaning of section 382(g)(4)(D) of the U.S. Tax Code) of Common Stock if such person claimed a Worthless Stock Deduction at any time on or after the Petition Date.

  • Selling Holder means a Holder who is selling Registrable Securities pursuant to a registration statement.

  • Participating Stockholder means a “Participating Stockholder” under the HBB Stockholders’ Agreement, HY Stockholders’ Agreement and NACCO Stockholders’ Agreement, to the extent the Partnership owns HBB Class B Shares, HY Class B Shares or NACCO Class B Shares. A Partner shall cease to be a Participating Stockholder under this Agreement and shall be deemed to be a Former Partner immediately prior to any event or lapse of time that causes such Partner to no longer be a “Participating Stockholder” under such applicable stockholders’ agreements.

  • Restricted Broker-Dealer Any Broker-Dealer which holds Broker-Dealer Transfer Restricted Securities.

  • Major Stockholder means any such Person.

  • Investor Party has the meaning set forth in Section 4.7.

  • 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.

  • Qualifying Holder shall have the meaning ascribed thereto in Section 12 hereof.

  • Key Holder Registrable Securities means (i) the shares of Common Stock held by the Key Holders, and (ii) any Common Stock issued as (or issuable upon the conversion or exercise of any warrant, right, or other security that is issued as) a dividend or other distribution with respect to, or in exchange for or in replacement of such shares.

  • Initial Purchaser As defined in the preamble hereto.

  • Significant Stockholder means Allied Irish Banks, p.l.c., a limited liability company incorporated under the laws of Ireland having its registered office at Bankcentre, Ballsbridge, Dublin 4, Ireland, and any successor thereto.