Initial Designation. (i) The Company is initially authorized to have two (2) classes of Units, designated as Common Units (“Common Units”) and Perpetual Preferred Units (“Preferred Units”). Except as expressly provided herein, including subject to Section 2.03, clause (ii) below and Section 3.08, the Managing Member has the exclusive authority to issue Units and to authorize additional Units for issuance. The Units issued to a Member may be represented by a certificate, at the request of such Member.
(ii) Notwithstanding anything in clause (i) above to the contrary, the Preferred Units, with respect to distribution rights and distributions upon liquidation, winding-up and dissolution of the Company, rank senior to all other Units.
(iii) The Common Units, with respect to distribution rights and distributions upon liquidation, winding-up and dissolution of the Company, rank junior to all Preferred Units.
Initial Designation. (i) The Company is initially authorized to have three (3) classes of Units, designated as Class A Common Units (“Class A Units”), Class B Common Units, which, for the avoidance of doubt, shall (subject to Section 6.02(a)) rank pari passu with the Class A Units as to distribution rights and distributions upon liquidation, winding-up and dissolution of the Company (“Class B Units” and, together with Class A Units, “Common Units”) and Preferred Units (“Preferred Units”). Except as expressly provided herein, including subject to Section 3.04 and Section 4.03, the Board has the exclusive authority to issue Units and to authorize additional Units for issuance. The Units issued to a Member may be represented by a certificate, at the request of such Member.
(ii) The Preferred Units, with respect to distribution rights and distributions upon liquidation, winding-up and dissolution of the Company, rank:
(A) senior to all Common Units, and to each other class of Units established after the date hereof by the Board, the terms of which do not expressly provide that it ranks senior to or pari passu with the Preferred Units as to distribution rights and distributions upon liquidation, winding-up and dissolution of the Company;
(B) ratably with any class of Units established by the Board and issued by the Company, the terms of which expressly provide that such class or series will rank pari passu with the Preferred Units as to distribution rights and distributions upon the liquidation, winding-up and dissolution of the Company; and
(C) junior to any class of Units established by the Board and issued by the Company, the terms of which expressly provide that it ranks senior to the Preferred Units as to distribution rights and distributions upon the liquidation, winding-up and dissolution of the Company.
(iii) The Common Units, with respect to distribution rights and distributions upon liquidation, winding-up and dissolution of the Company, rank:
(A) junior to all Preferred Units and any class of Units established by the Board and issued by the Company, the terms of which expressly provide that it ranks senior to the Common Units as to distribution rights and distributions upon the liquidation, winding-up and dissolution of the Company.
(B) ratably with any class of Units established by the Board and issued by the Company, the terms of which expressly provide that such class or series will rank pari passu with the Common Units as to distribution rights and distributions upon...
Initial Designation. Asia Leader initially designates Xxxxxxx Xx and Mr. Hong Da Pan to serve as directors of the Company, RAD initially designates Xxxxx Xx to serve as a director of the Company. The Joint Venturers agree that Xxxxx Xx shall serve as the chief executive officer of the Company.
Initial Designation. The Directors designated as of the Effective Date are set forth on Schedule 4.6 hereto.
Initial Designation. The initial directors designated by the Investors pursuant to Section 3.1(a) are Xxxxxxx Xxxxxxx (who shall serve as a Class III director designated by VantagePoint in accordance with the Certificate) and Xxxxxx Xxxxx (who shall serve as a Class I director designated by Kennet in accordance with the Certificate).
Initial Designation. Within ninety (90) days of the Effective Date, Novartis shall designate three genes or polypeptides which shall be used for transducing MSCs for delivery of a gene and/or polypeptide and the use of such transduced MSCs shall become part of the Gene Therapy Area.
Initial Designation. At the time This Agreement is executed, each Party shall designate by written notice to the other Party, an Authorized Representative who is authorized to act on its behalf in the implementation of This Agreement.
Initial Designation. It is hereby acknowledged that the Tenant has designated Rogex Xxxxxxxxx, Ivan Xxxxxxx xxx Ian Xxxx xx its Senior Managers and the Developer has designated Kenzo Sato, Takaxxx Xxxxx xxx Masaxxxx Xxxxxx xx its Senior Managers.
Initial Designation. Not later than 270 days after the enactment date, the Register of Copyrights shall initially des- ignate the mechanical licensing collective as follows:
(I) Not later than 90 calendar days after the enactment date, the Register shall publish notice in the Federal Reg- ister soliciting information to assist in identifying the appropriate entity to serve as the mechanical licensing collec- tive, including the name and affiliation of each member of the board of directors described under subparagraph (D)(i) and each committee established pursuant to clauses (iii), (iv), and (v) of subparagraph (D).
(II) After reviewing the information re- quested under subclause (I) and making a designation, the Register shall publish notice in the Federal Register setting forth— (aa) the identity of and contact in- formation for the mechanical licensing collective; and
Initial Designation. The Notice to Proceed shall inform Contractor whether it has been designated as a Primary Vendor or a Secondary Vendor.
