Liquidation Events, Etc. As soon as possible and in any event within three (3) Business Days after obtaining knowledge of the occurrence of any Liquidation Event, any Unmatured Liquidation Event, or any Credit Event, each Seller Party will furnish to each Agent, a written statement of the chief financial officer, treasurer or chief accounting officer of such Seller Party setting forth details of such event and the action that such Seller Party will take with respect thereto;
Liquidation Events, Etc. As soon as possible and in any event within two days after obtaining actual knowledge of the occurrence of any Liquidation Event or Unmatured Liquidation Event or any "Purchase Termination Event" or "Unmatured Purchase Termination Event" under the Sale Agreement, a written statement of the chief financial officer or chief accounting officer of Seller setting forth details of such event and the action that Seller proposes to take with respect thereto;
Liquidation Events, Etc. In the event (i) the Corporation establishes a record date to determine the holders of any class of securities who are entitled to receive any dividend or other distribution or who are entitled to vote at a meeting (or by written consent) in connection with any of the transactions identified in clause (ii) hereof, or (ii) any Liquidation Event, event deemed a Liquidation Event pursuant to Section A.4(f) hereof, QPO or any other public offering becomes reasonably likely to occur, the Corporation shall mail or cause to be mailed by first class mail (postage prepaid) to each holder of Preferred Stock at least thirty (30) days prior to such record date specified therein or the expected effective date of any such transaction, whichever is earlier, a notice specifying (A) the date of such record date for the purpose of such dividend or distribution or meeting or consent and a description of such dividend or distribution or the action to be taken at such meeting or by such consent, (B) the date on which any such Liquidation Event, event deemed a Liquidation Event pursuant to Section A.4(f) hereof, QPO or other public offering is expected to become effective, and (C) the date on which the books of the Corporation shall close or a record shall be taken with respect to any such event. Such notice shall be accompanied by a certificate prepared by the chief financial officer of the Corporation describing in reasonable detail (1) the facts of such transaction, (2) the amount(s) per share of Preferred Stock or Common Stock each holder of Preferred Stock would receive pursuant to the applicable provisions of this Fifth Amended and Restated Certificate of Incorporation, and (3) the facts upon which such amounts were determined.
Liquidation Events, Etc. As soon as possible and in any event within three (3) Business Days after obtaining knowledge of the occurrence of any Liquidation Event, any Unmatured Liquidation Event, or any Credit Event, each Seller Party will furnish to the Administrative Agent, on the Purchaser's behalf, a written statement of the chief financial officer, treasurer or chief accounting officer of such Seller Party setting forth details of such event and the action that such Seller Party will take with respect thereto;
Liquidation Events, Etc. As soon as possible and in any event within three Business Days after obtaining knowledge of the occurrence of any Liquidation Event, any Unmatured Liquidation Event, or any Lanixx Xxxdit Event, each Loan Party will furnish to each of the Co-Agents a written statement of the chief financial officer, treasurer or chief accounting officer of such Loan Party setting forth details of such event and the action that such Loan Party will take with respect thereto;
Liquidation Events, Etc. Promptly and in any event within five Business Days after obtaining knowledge of the occurrence of any Liquidation Event, each Seller Party will furnish to the Administrator, on the Purchaser's behalf, a written statement of the chief financial officer, treasurer or chief accounting officer of such Seller Party setting forth details of such event and the action that the applicable Seller Party will take with respect thereto.
Liquidation Events, Etc. In the event (i) the Corporation establishes a record date to determine the holders of any class of securities who are entitled to receive any dividend or other distribution (other than pursuant to IV.G(1) or IV.H(1)) or who are entitled to vote at a meeting (or by written consent) in connection with any of the transactions identified in clause (ii) hereof, or (ii) any Liquidation Event, Significant Transaction or Offering becomes reasonably likely to occur, the Corporation shall use commercially reasonable efforts to provide written notice to each holder of Redeemable Preferred at least ten (10) days prior to such record date specified therein or the expected effective date of any such transaction, whichever is earlier, a notice specifying (A) the date of such record date for the purpose of such dividend or distribution or meeting or consent and a description of such dividend or distribution or the action to be taken at such meeting or by such consent, (B) the date on which any such Liquidation Event, Significant Transaction or Offering is expected to become effective, and (C) the date on which the books of the Corporation shall close or a record shall be taken with respect to any such event. Such notice shall be accompanied by a certificate prepared by the chief financial officer of the Corporation describing in reasonable detail (1) the facts of such transaction, (2) the amount(s) per share of Redeemable Preferred or Common each holder of Redeemable Preferred would receive pursuant to the applicable provisions of this Certificate of Incorporation (or, if such amounts are unknown, a reasonable estimate or range of such amounts), and (3) the facts upon which such amounts were determined.
Liquidation Events, Etc. (a) Section 3.01(a) of the Purchase Agreement is hereby amended by (i) restating the second sentence thereof in its entirety as follows: "The Paying Agent shall establish for the benefit of the Purchasers and Seller to the extent of their respective interests therein an account (the 'Collection Account') and for the benefit of the Purchasers a second account (the 'Reserve Account'), each of which shall be a segregated trust account maintained with the Paying Agent. All amounts on deposit in the Reserve Account shall at such time as the Paying Agent shall have actual knowledge of the occurrence and continuance of a Liquidation Event be paid by the Paying Agent on the next following Settlement Date (A) to Senior Purchaser to reduce the Senior Investment until reduced to zero or (B) if the Senior Investment shall then be zero, to the Subordinated Purchaser to reduce the Subordinated Investment also until reduced to zero. If at any time the balance in the Reserve Account shall be required to be reduced to zero because of the second proviso to the definition of Trigger Threshold Amount, and if at such time no Liquidation Event or Unmatured Liquidation Event shall have occurred and be continuing, the Paying Agent shall deposit in the Collection Account for distribution in accordance with Section 3.03 on the next following Settlement Date, all funds then on deposit in the Reserve Account. Funds on deposit in the Reserve Account shall be invested in accordance with Section 3.1 as if such Account were the Collection Account."
Liquidation Events, Etc. As soon as possible, and in any event within five Business Days after an Authorized Officer of the Issuer has obtained knowledge of the occurrence of any Liquidation Event, Unmatured Liquidation Event, Pay-Out Event, Unmatured Pay-Out Event, Event of Default, or Unmatured Event of Default, a written statement of an Authorized Officer of the Issuer describing such event and the action that the Issuer proposes to take with respect thereto, in each case in reasonable detail;
Liquidation Events, Etc. Promptly and in any event within five Business Days after obtaining knowledge of the occurrence of any Liquidation Event, furnish to the Administrator, on the Purchaser's behalf, a written statement of the chief financial officer, treasurer or chief accounting officer of such Seller setting forth details of such event and the action that the applicable Seller will take with respect thereto.
