Eligible Holder

Eligible Holder. At the relevant time the holder (or if the holder is not the owner for Federal income tax purposes, such owner) of Units of Partnership Interest who if he were to exchange for shares of Common Stock pursuant to this Continuing Offer each Unit of Partnership Interest that is both (i) Beneficially Owned or Constructively Owned by him (including each Unit of Partnership Interest that is subject to an Incentive Option or Rights Actually held by him) and (ii) subject to this ... Continuing Offer, would not then Beneficially Own or Constructively Own, or by reason of its Actually owning Units of Partnership Interest would cause another Person to Beneficially Own or Constructively Own, shares of Capital Stock in excess of the Ownership Limit, provided, however, if such holder is a Look Through Entity, such Look Through Entity's Beneficial Ownership or Constructive Ownership may exceed the Ownership Limit but in no event may such Look Through Entity directly or indirectly (without taking into account the ownership of Units of Partnership Interest) own in excess of 9.9% in value of the outstanding shares of Capital Stock, provided further, however, the Managing General Partner shall exempt a Look Through Entity from the requirements of clause (ii) of this definition of Eligible Holder if (a) such Look Through Entity is a bank chartered under the laws of the United States or any state of the United States or is a United States branch of a foreign bank, and (b) TRG has no reasonable reason to believe after the receipt of the written affirmation and undertaking required to be provided by the definition of Look Through Entity that such Look Through Entity would not be an Eligible Holder. In measuring the Beneficial Ownership or Constructive Ownership for this purpose, the Excess Stock Provisions shall be disregarded. View More

Eligible Holder. Means (a) any employee of the Company or any Related Entity, including officers and directors of the Company or any Related Entity who are also employees of the Company or any Related Entity, who is regularly employed on a salaried basis and who is so employed on the date of such grant, whom the Committee identifies as having a direct and significant effect on the performance of the Company or any Related Entity and (b) any director of the Company or any Related Entity who is not regularly... employed on a salaried basis with the Company or any Related Entity, in each case as selected by the Committee. View More

Eligible Holder. Each person who, at the Spin-off Date, holds an option or deferred share granted by Predecessor under a plan or program for Predecessor's non-employee directors with respect to which the Company has agreed to grant, or offer to grant, an Option or Deferred Share award in substitution for such Predecessor award or to offset any lost value due to the early termination of such option or deferred share.

Eligible Holder. Means any party to this Agreement (other than the Company) that then holds Registrable Securities at the time the rights set forth herein are applicable.