Additional Issuances: Generally. Except as otherwise expressly limited or required in this Agreement (including the rights in Section 3.7 of the Class B Unitholders), the Board may (i) amend this Agreement, as the Board deems necessary or advisable, to increase the authorized number of Units of any class or to create a new class of Units and provide for the terms of such new class (including economic and governance rights) and (ii) cause the Company to issue (A) additional Units or other interests in the Company (including new classes of Units), (B) obligations, evidences of indebtedness or other securities or interests convertible or exchangeable into Units or other interests in the Company and (C) warrants, options or other rights to purchase or otherwise acquire Units or other interests in the Company, as well as the Units or other interests issuable upon exercise of such securities (collectively, “Equity Securities”). Except as provided in Section 3.7, Unitholders will have no preemptive rights with respect to the issuance of any Equity Securities. The Company will update Schedule A from time to time to reflect issuances of new Units or Equity Securities. The parties agree that future capital raises shall be consistent with the provisions of Section 3.1 (c)(i)-(vii) below:
Additional Issuances: Generally. (a) If the Company proposes to issue additional equity securities (including securities exercisable for or convertible into equity securities), the Company shall deliver to each Class A Member and Class B Member (each, a “Participating Member”, and, collectively, the “Participating Members”) a written notice of such proposed issuance at least thirty (30) days prior to the date of the proposed issuance (the period from the effectiveness pursuant to Section 10.8 of such notice until the date of such proposed issuance, the “Subscription Period”). Such notice shall include (i) the amount, kind and terms of the equity securities to be included in the issuance, (ii) the maximum and minimum price per unit of the equity securities to be included in the issuance, (iii) the name and address of the proposed purchaser and (iv) the proposed issuance date, if known.
