Exempt Person

Exempt Person. Each of (a) Blue Mountain Capital Management, LLC, Axar Capital Management, LLC and Mudrick Capital Management, LLC and (b) the respective affiliates of each of the Persons referred to in clause (a) above

Exempt Person. Means a Person whose Beneficial Ownership (together with all Affiliates and Associates of such Person) of 4.9% or more of the then-outstanding Common Shares will not, as determined by the Company's Board of Directors in its sole discretion, jeopardize or endanger the availability to the Company of its NOLs, provided, however, that such a Person will cease to be an "Exempt Person" if the Board of Directors makes a contrary determination with respect to the effect of such Person's Beneficial... Ownership (together with all Affiliates and Associates of such Person) upon the availability to the Company of its NOLs; and provided further that Carlson and its Affiliates and Associates shall each be considered an Exempt Person at all times, unless and until their collective Beneficial Ownership of the then-outstanding Common Shares constitutes more than 76% of the then-outstanding Common Shares (with the definition of Common Shares for purposes of this proviso being deemed to include Common Shares that a Person has the right to acquire, whether or not such right is exercisable immediately). View More

Exempt Person. Each of Banpu Public Company Limited, a public company incorporated in and existing under the Laws of Thailand, and any corporation, company or other entity that is wholly-owned by Banpu Public Company Limited, as of the relevant time