Note to Xxxxxxx. This results in 7 or so Major Investors at signing and maybe 9 by Closing. the Preferred Stock are exclusively entitled to elect pursuant to the Restated Certificate.
Note to Xxxxxxx. This is circular. Please let us know what the concern is here. FWIW, since convertible securities are Equity Securities, LPs would have preemptive rights at the time such securities are issued (i.e. prior to conversion). Why would LPs again have preemptive rights upon conversion of such securities?
Note to Xxxxxxx. This results in 7 or so Major Investors at signing and maybe 9 by Closing.
Note to Xxxxxxx. What is the reason that mandatory advancement of expenses is not provided to officers as it is to directors?
Note to Xxxxxxx subclauses (i) and (iii) deleted as duplicative of subclause (ii). EXHIBIT G-2 TO CREDIT AND GUARANTY AGREEMENT Form of Solvency Certificate Date: , 2018 To the Administrative Agent and each of the Lenders party to the Credit Agreement referred to below: I, the undersigned, the Chief Financial Officer of Covia Holdings Corporation (formerly known as Unimin Corporation) (the “Company”), in that capacity only and not in my individual capacity (and without personal liability), do hereby certify as of the date hereof, and based upon facts and circumstances as they exist as of the date hereof (and disclaiming any responsibility for changes in such facts and circumstances after the date hereof), that:
Note to Xxxxxxx. Discuss knowledge parties to propose. The final APA for the HCA sale included the individuals listed above, plus the following: the regional Ethics and Compliance Officer with oversight over the Hospitals, and each Hospital’s Chief Executive Officer, Chief Financial Officer and Chief Nursing Officer (or, in the case any Hospital does not have an individual with such title, the applicable individual with similar responsibilities as an individual holding such title would have).]
Note to Xxxxxxx. Discuss whether we will want to retain any employees at the Facilities or who primarily provide services to the Facilities.]
Note to Xxxxxxx. Discuss.]
Note to Xxxxxxx. Discuss.] Any reduction in the Purchase Price pursuant to this Section 6.15 shall be determined by the Accounting Firm. Until the Effective Time, Sellers will bear all risk of loss with respect to the Damaged Assets.
