Distributions, Voting Rights Sample Clauses

Distributions, Voting Rights. Lender hereby acknowledges that during the term of any Loan: (i) Securities on Loan shall be transferred into the name of and may be voted by the Borrower thereof or others, and therefore Bank shall not be able to act on Instructions in respect of, and shall have no responsibility in connection with, the exercise of voting rights in respect of such Securities; provided, however, that certain consents including those that involve payments in consideration for the security holder’s consent are treated as corporate actions rather than proxy events for which the Bank shall provide services pursuant to Appendix 1.
AutoNDA by SimpleDocs
Distributions, Voting Rights. Unless an Event of Default shall then exist, Grantor shall be permitted to receive distributions paid and to exercise all voting rights with respect to the Collateral, provided that no vote shall be cast which, in Lender’s reasonable judgment, would impair the Collateral or which would be inconsistent with or result in any violation of any provision of this Agreement or any of the Related Documents.
Distributions, Voting Rights. (a) Unless an Event of Default shall have occurred and be continuing and the Administrative Agent shall have given notice to such Pledgor of the Administrative Agent's intent to exercise its rights pursuant to Section 7 below, such Pledgor shall be permitted to receive all cash distributions paid in accordance with the terms of the Loan Agreement in respect of the Collateral and to exercise all voting and other rights with respect to the Collateral; provided, that no vote shall be cast or right exercised or other action taken which would (i) constitute a Default or an Event of Default or (ii) in the Administrative Agent's reasonable judgment, impair the value of the Collateral.
Distributions, Voting Rights. Unless a Notice of Enforcement shall be in effect and the Corporate Trustee shall have given notice to the Pledgors of the Corporate Trustee's intent to exercise its corresponding rights pursuant to Section 7, the Pledgors shall be permitted to receive all distributions from any Issuer made pursuant to the Partnership Agreement relating to such Issuer and to exercise all voting and other rights with respect to the Collateral; provided, however, that no vote will be cast or partnership right exercised or other action taken which would impair the Collateral or which would violate any provision of the Trust Agreement or any Secured Instrument.
Distributions, Voting Rights. Subject to the provisions of the Indenture and the limitations on distributions set forth therein, and in each case unless an Event of Default shall exist, Pledgor shall be permitted to receive all partnership and/or limited liability company interest distributions or cash dividends paid in the normal course of business of any PropCo and Pledgor shall at all times have the right to exercise all voting and partnership and/or limited liability company or corporate rights with respect to the Pledged Interests, provided that no vote shall be cast or right exercised or other action taken which would impair Secured Party’s Lien on the Collateral or which would be inconsistent with or result in any violation of any provision of the Indenture, the Notes, this Agreement or any other Note Documents.
Distributions, Voting Rights. (a) Any and all membership interests or liquidating dividends, other distributions in property, return of capital or other distributions made on or in respect of the Collateral as a result of a subdivision, combination or reclassification of the outstanding membership interests of the Company, or received in exchange for Collateral or any part thereof or as a result of any merger, consolidation, acquisition or other exchange of assets to which the Company may be a party or otherwise, shall be and become part of the Collateral pledged hereunder and, if so received by Pledgor, shall forthwith be delivered to Pledgee to be held subject to the terms of this Pledge Agreement.
Distributions, Voting Rights. 16 Section 2.9 Enforcement of Rights; No Waiver ............................ 17 Section 2.10 Nature of Obligations; Survival ............................. 17 Section 2.11 Financing Parties and Pledgors Remain Liable ................ 18 Section 2.12 Attorney-in-Fact and Proxy .................................. 18 Section 2.13 OPIC May Perform ............................................ 19 Section 2.14
AutoNDA by SimpleDocs
Distributions, Voting Rights. (A) So long as no Event of Default with respect to a Pledgor, no Fund Event of Default, and no event or condition that, with the passage of time or the giving of notice, or both, would constitute an Event of Default with respect to such Pledgor or a Fund Event of Default, shall have occurred and be continuing, such Pledgor shall have the right to receive and retain cash distributions derived directly or indirectly from the Fund, provided, however, that any and all (i) distributions paid or payable other than in cash in respect of, and instruments and other property received, receivable or otherwise distributed in respect of, or in exchange for, any part of the Collateral of such Pledgor, (ii) distributions paid or payable in cash in respect of any part of the Collateral of such Pledgor in connection with any liquidation or dissolution of the Fund or the Managing Member, and (iii) cash paid, payable, or otherwise distributed in redemption of, or in exchange for, any part of the Collateral of such Pledgor, shall be, and shall be forthwith delivered to OPIC or the Collateral Agent to hold as, Collateral of such Pledgor and shall, if received by such Pledgor, be received in trust for the benefit of OPIC, be segregated from the other funds and property of such Pledgor, and be forthwith delivered to OPIC or the Collateral Agent as Collateral of such Pledgor in the same form as so received (with any necessary endorsement); and

Related to Distributions, Voting Rights

  • Distribution and Voting Rights The Trustee shall have all voting rights and rights to distributions with respect to Shares held in the Trust, which rights shall be exercised for the exclusive benefit of the Charitable Beneficiary. Any distribution paid prior to the discovery by the Company that the Shares have been transferred to the Trustee shall be paid by the recipient of such distribution to the Trustee upon demand and any distribution authorized but unpaid shall be paid when due to the Trustee. Any distribution so paid to the Trustee shall be held in trust for the Charitable Beneficiary. The Prohibited Owner shall have no voting rights with respect to Shares held in the Trust and, subject to Delaware law, effective as of the date that the Shares have been transferred to the Trust, the Trustee shall have the authority (at the Trustee’s sole discretion) (i) to rescind as void any vote cast by a Prohibited Owner prior to the discovery by the Company that the Shares have been transferred to the Trustee and (ii) to recast such vote in accordance with the desires of the Trustee acting for the benefit of the Charitable Beneficiary; provided, however, that if the Company has already taken irreversible limited liability company action, then the Trustee shall not have the authority to rescind and recast such vote. Notwithstanding the provisions of this Article XIII, until the Company has received notification that Shares have been transferred into a Trust, the Company shall be entitled to rely on its share transfer and other Member records for purposes of preparing lists of Members entitled to vote at meetings, determining the validity and authority of proxies and otherwise conducting votes of Members.

  • Voting Rights; Distributions; etc (a) So long as no Event of Default shall have occurred and be continuing:

  • Allocation of Voting Rights As provided in Section 11.09 of the Series Supplement.

  • Voting Rights The holders of shares of Series A Preferred Stock shall have the following voting rights:

  • Other Voting Rights In addition to any other vote required by law or the Restated Certificate of Incorporation, so long as any shares of the Series U Preferred Stock remain outstanding, the vote or consent of the holders of the outstanding shares of Series U Preferred Stock and outstanding shares of all other series of Voting Parity Stock entitled to vote on the matter, by a vote of at least 66 2/3% in voting power of all such outstanding Series U Preferred Stock and such Voting Parity Stock, voting together as a class, given in person or by proxy, either in writing without a meeting or at any meeting called for the purpose, shall be necessary to permit, effect or validate any one or more of the following actions, whether or not such approval is required by Delaware law: (i) the issuance of any class or series of Preferred Stock or Preference Stock ranking senior to the Series U Preferred Stock in the payment of dividends or the distribution of assets in the event of the Corporation’s voluntary or involuntary liquidation, dissolution or winding up; (ii) any amendment, alteration or repeal of any provision of the Restated Certificate of Incorporation, including the Certificate of Designation, or the Bylaws that would adversely affect the rights, preferences, privileges or voting powers of the Series U Preferred Stock; (iii) any amendment or alteration of the Restated Certificate of Incorporation, including the Certificate of Designation, or Bylaws to authorize, create, or increase the authorized amount of, any shares of, or any securities convertible into shares of, any class or series of the Corporation’s capital stock ranking senior to the Series U Preferred Stock with respect to either the payment of dividends or in the distribution of assets in the event of the Corporation’s voluntary or involuntary liquidation, dissolution or winding up; or (iv) any consummation of a reclassification involving the Series U Preferred Stock or a merger or consolidation with another corporation or other entity, except holders of the Series U Preferred Stock will have no right to vote under this section 7(c)(iv) if in each case (a) the shares of Series U Preferred Stock remain outstanding or, in the case of any such merger or consolidation with respect to which the Corporation is not the surviving or resulting entity, are converted into or exchanged for preference securities of the surviving or resulting entity or its ultimate parent, and (b) such shares of Series U Preferred Stock remaining outstanding or such preference securities, as the case may be, have such rights, preferences, privileges and voting powers, taken as a whole, as are not materially less favorable to the holders thereof than the rights, preferences, privileges and voting powers of the Series U Preferred Stock, taken as a whole; provided, however, that any authorization, creation or increase in the authorized amount of or issuance of the Series U Preferred Stock or any Parity Stock or Junior Stock or any securities convertible into any class or series of Parity Stock (whether dividends payable in respect of such Parity Stock are cumulative or non-cumulative) or Junior Stock will be deemed not to adversely affect the rights, preferences, privileges or voting powers of the Series U Preferred Stock, and holders of the Series U Preferred Stock shall have no right to vote thereon. If any amendment, alteration, repeal, reclassification, merger or consolidation specified in this Section 7(c) would adversely affect one or more but not all series of voting Preferred Stock (including the Series U Preferred Stock), then only those series affected by and entitled to vote on the matter shall vote on the matter together as a class (in lieu of all other series of Preferred Stock). Each holder of the Series U Preferred Stock will have 25 votes per share on any matter on which holders of the Series U Preferred Stock are entitled to vote, whether separately or together with any other series of stock of the Corporation (the holders of any shares of any other series of stock being entitled to such number of votes, if any, for each share of stock as may be granted to them), pursuant to Delaware law or otherwise, including by written consent.

  • Cash Dividends; Voting Rights Unless an Event of Default has occurred and the Administrative Agent has given notice to the Pledgors of the Administrative Agent’s intent to exercise its corresponding rights pursuant to Section 7 hereof, the Pledgors shall be permitted to receive all cash dividends, to the extent permitted in the Credit Agreement, in respect of the Pledged Stock and to exercise all voting and corporate rights with respect to the Pledged Stock; provided, however, that no vote shall be cast or corporate right exercised or other action taken which, in the Administrative Agent’s reasonable judgment, would impair the Collateral or which would be inconsistent with or result in any violation of any provision of the Credit Agreement, this Pledge Agreement or any other Credit Document.

  • Voting Rights; Dividends Holders of Common Stock of the Company have equal rights to receive dividends when, as, and if declared by the Board of Directors out of funds legally available therefor. Holders of Common Stock of the Company have one vote for each share held of record and do not have cumulative voting rights.

  • Stock Dividends, Distributions, Etc If, while this Pledge Agreement is in effect, Pledgor becomes entitled to receive or receives any securities or other property in addition to, in substitution of, or in exchange for any of the Pledged Shares (whether as a distribution in connection with any recapitalization, reorganization or reclassification, a stock dividend or otherwise), Pledgor shall accept such securities or other property on behalf of and for the benefit of the Company as additional security for Pledgor's obligations under the Note and shall promptly deliver such additional security to the Company together with duly executed forms of assignment, and such additional security shall be deemed to be part of the Pledged Shares hereunder.

  • Distributions, Etc Upon the dissolution, winding up, liquidation or reorganization of the Tenant, whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of the assets and liabilities of the Tenant, if any sum shall be paid or any property shall be distributed upon or with respect to any of the Pledged Collateral, such sum shall be paid over to the Secured Parties, to be held as collateral security for the Secured Obligations. If any dividend shall be declared on any of the Pledged Collateral (excluding cash dividends), or any share of beneficial interest or fraction thereof shall be issued pursuant to any split of beneficial interests involving any of the Pledged Collateral, or any distribution of capital shall be made on any of the Pledged Collateral, or any property shall be distributed upon or with respect to the Pledged Collateral pursuant to recapitalization or reclassification of the capital of the Tenant, the shares or other property so distributed shall be delivered to the Secured Parties to be held as collateral security for the Secured Obligations.

  • DISTRIBUTIONS TO HOLDERS OF CERTIFICATES Section 5.01 Distributions Generally. Section 5.02 Distributions from the Certificate Account. Section 5.03 Allocation of Losses. 92 Section 5.04 Advances by Master Servicer, Servicers and Securities Administrator. Section 5.05 Compensating Interest Payments. Section 5.06 Basis Risk Reserve Fund.

Time is Money Join Law Insider Premium to draft better contracts faster.