Percentage Share definition
Examples of Percentage Share in a sentence
If at any time there is no Person acting as a Stockholders Agent and the Stockholders fail to fill such vacancy in a timely fashion, Buyer may appoint a Stockholders Agent from among the Stockholders; provided that such Stockholder is not a trust; and provided further that such Stockholder’s Percentage Share must be greater than one percent (1%).
As soon as possible and in any event within two (2) Business Days following the payment of the Shortfall Amount, the Parties shall cause the Escrow Agent to release the remainder of the Adjustment Escrow, if any, to the Stockholders Agent for distribution to the Stockholders based on each Stockholder’s Percentage Share, less any holdbacks or expenses payable pursuant to Sections 10.8(g) and 10.8(h), and less applicable Withholding Amounts.
Notwithstanding anything contained in this Agreement to the contrary, Buyer and/or Acquisition may bring any claim, demand, charge, complaint, suit, proceeding or other dispute resolution or proceeding for Fraud (i) of any Stockholder against such Stockholder and (ii) of any of the Companies, against the Stockholders severally, and not jointly and severally, in proportion to each Stockholder’s Percentage Share.
Any such amounts released by the Stockholders Agent shall be distributed to the Stockholders (subject to Section 4.3 in the case of payments to Optionholders) based on each Stockholder’s Percentage Share, less applicable Withholding Amounts.
Within five (5) days after receipt of each such Tax Refund and interest by the Companies after the Closing Date (or upon application of any such refund and interest as a credit against Taxes), Buyer shall pay to the Stockholders Agent an amount equal to such Tax Refund by wire transfer of immediately available funds for distribution to the Stockholders based on each Stockholder’s Percentage Share, less any holdbacks or expenses payable pursuant to Sections 10.8(g) and 10.8(h), less any Withholding Amounts.