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er than Kimco Realty) indirectly beneficially owns at least 10% of our then-outstanding common stock, but does not have a representative (whether an Albertsons Investor Designee or otherwise) on our board of directors, such Sponsor shall have the right to appoint one observer to our board of directors (an -
e Cerberus-led Consortium, other than Kimco, and certain other individuals who agreed to co-invest with them through Albertsons Investor, will enter the Albertsons Investor LLC Agreement. The Albertsons Investor LLC Agreement will be entered into upon consummation of the IPO-Related Transactions and this offering. A copy of the form
ectors at 13 directors: (b) on which we are no longer a controlled company under the applicable rules of the NYSE but prior to the 35% Trigger Date, Albertsons Investor shall have the right to designate a number of individuals who satisfy the Director Requirements equal to one director fewer than 50% of our
n 15% of our then-outstanding common stock, it will have the right to designate one individual who satisfies the Director Requirements. Pursuant to the Albertsons Investor LLC Agreement and the Stockholders' Agreement, prior to the 50% Trigger Date, a majority vote of the management board of Albertsons Investor is required to design
interests of Albertsons Investor, Kimco and Management Holdco (so long as Kimco and Management Holdco own our common stock)). If any equityholder of Albertsons Investor does not wish to participate in a private block sale or resale by Albertsons Investor (a "Sell-Down"), Albertsons Investor shall, subject t
complete description of the lock-up restrictions and specified exceptions, see "Underwriting (Conflicts of Interest)." Transfer Restrictions under the Albertsons Investor LLC Agreement The Albertsons Investor LLC Agreement will restrict the distribution of our common stock held by Albertsons Investor to the members of Albertsons I
Entities connected to both Albertsons and the Albertsons Investor LLC Agreement