Common use of Excluded Securities Clause in Contracts

Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a) (“Excluded Securities”) shall be subject again to the restrictions set forth in Section 3.3(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(a).

Appears in 7 contracts

Sources: Securityholders Agreement (21st Century Oncology Holdings, Inc.), Securityholders Agreement (PGA Holdings, Inc.), Securityholders Agreement (PGA Holdings, Inc.)

Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a3.2(a) ("Excluded Securities") shall be subject again to the restrictions set forth in Section 3.3(a3.2(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a3.2(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(a3.2(a).

Appears in 6 contracts

Sources: Securityholders Agreement (Mg Waldbaum Co), Securityholders Agreement (Michael Foods Inc/New), Securityholders Agreement (Pro Fac Cooperative Inc)

Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a) ("Excluded Securities") shall be subject again to the restrictions set forth in Section 3.3(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an any Other Holder under Section 3.3(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders holders in a Transfer subject to Section 3.3(a).

Appears in 3 contracts

Sources: Securityholders Agreement (Refco Inc.), Securityholders Agreement (Westminster-Refco Management LLC), Securityholders Agreement (Refco Information Services, LLC)

Excluded Securities. No Securities Common Shares that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a2.1(a) ("Excluded Securities") shall be subject again to the restrictions set forth in Section 3.3(a2.1(a), nor shall any Securityholder Investor holding Excluded Securities be entitled to exercise any rights as an any Other Holder under Section 3.3(a2.1(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders holders in a Transfer subject to Section 3.3(a)2.1(a) .

Appears in 1 contract

Sources: Stockholders Agreement (Refco Inc.)

Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(aSECTION 3.2(a) (“Excluded Securities”"EXCLUDED SECURITIES") shall be subject again to the restrictions set forth in Section 3.3(aSECTION 3.2(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(aSECTION 3.2(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(aSECTION 3.2(a).

Appears in 1 contract

Sources: Securityholders Agreement (Mg Waldbaum Co)

Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a3.2(a) (“Excluded Securities”) shall be subject again to the restrictions set forth in Section 3.3(a3.2(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a3.2(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(a3.2(a).

Appears in 1 contract

Sources: Securityholders Agreement (Birds Eye Foods, Inc.)

Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a3.2(a) (“Excluded Securities”) shall again be subject again to the restrictions set forth in Section 3.3(a3.2(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a3.2(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders in a Transfer subject to Section 3.3(a3.2(a).

Appears in 1 contract

Sources: Securityholders Agreement (Transport America, Inc.)

Excluded Securities. No Securities that have been transferred by the Selling Vestar Holder or an Other Holder in a Transfer pursuant to the provisions of Section 3.3(a) (“Excluded Securities”) shall be subject again to the restrictions set forth in Section 3.3(a), nor shall any Securityholder holding Excluded Securities be entitled to exercise any rights as an Other Holder under Section 3.3(a) with respect to such Excluded Securities, and no Excluded Securities held by a Selling Vestar Holder or any Other Holder shall be counted in determining the respective participation rights of such Holders holders in a Transfer subject to Section 3.3(a).

Appears in 1 contract

Sources: Securityholders Agreement (Hawkeye Holdings, Inc.)