Series A Preferred Stock Consent. The Company shall have obtained consent pursuant to the Series A Preferred Stock Certificate of Designations to Asset Sales in excess of the $500,000,000 threshold set forth in the Series A Preferred Stock Certificate of Designations and a waiver of any Deemed Liquidation (as defined in the Series A Preferred Stock Certificate of Designations) that may arise due to such Asset Sales by (i) the holders of at least seventy-five percent (75%) of the outstanding shares of the Series A Preferred Stock, and (ii) each of Avenue Capital Group, Sola Group, Xxxxx Xxxxxxx (acting through Navation, Inc. or otherwise), and Xxxxxxx Manchester (acting through Manchester Financial Group, L.P. or otherwise), on behalf of all shares of Series A Preferred Stock held by or through such Persons.
Appears in 2 contracts
Samples: Second Lien Subordinated Note Purchase Agreement (NextWave Wireless Inc.), Third Lien Subordinated Exchange Note Exchange Agreement (NextWave Wireless Inc.)
Series A Preferred Stock Consent. The Company shall have obtained consent pursuant to the Series A Preferred Stock Certificate of Designations to Asset Sales in excess of the $500,000,000 threshold set forth in the Series A Preferred Stock Certificate of Designations and a waiver of any “Deemed Liquidation Liquidation” (as defined in the Series A Preferred Stock Certificate of Designations) that may arise due to such Asset Sales by (i) the holders of at least seventy-five percent (75%) of the outstanding shares of the Series A Preferred Stock, and (ii) each of Avenue Capital Group, Sola Group, Xxxxx Xxxxxxx (acting through Navation, Inc. or otherwise), and Xxxxxxx Manchester (acting through Manchester Financial Group, L.P. or otherwise), on behalf of all shares of Series A Preferred Stock held by or through such Persons.
Appears in 2 contracts
Samples: Third Lien Subordinated Exchange Note Exchange Agreement (Navation, Inc.), Third Lien Subordinated Exchange Note Exchange Agreement (Manchester Financial Group, LP)