Examples of AIA SPV LLC Agreement in a sentence
Any right to take any action or make any demand pursuant to (A) Section 8.04(b) (Demand Liquidity Event) of the AIA SPV LLC Agreement or (B) Section 8.07 (Public Offerings) of the AIA SPV LLC Agreement shall be exercised solely by the Rights Holder.
For purposes of Section 4.01(e) of the AIA SPV LLC Agreement and Section 4.01(f) of the ALICO SPV LLC Agreement, a Significant Action Request Notice shall be delivered to each Person then having the right to consent to the applicable action in accordance with the preceding sentence (at the notice address provided from time to time by such Person to the applicable SPV).
Effective as of the date hereof, Sections 5.02(b) and 5.02(d)(ii) of the AIA SPV LLC Agreement shall be disregarded and no longer be of any force or effect, and the parties hereto acknowledge and agree that the AIA Participating Fair Market Value set forth above in this Section 3 was determined as if Section 5.02 of the AIA SPV LLC Agreement did not include Sections 5.02(b) and 5.02(d)(ii) thereto.
In addition, notwithstanding anything to the contrary in the AIA SPV LLC Agreement, from and after the Release Effective Date, all Net Proceeds from the Equity Interests in AIA may be retained by the AIA SPV and distributed to the Common Member of the AIA SPV.
The parties hereto acknowledge that the Partial Loan Repayment will constitute a “Qualifying Event” with respect to the AIA SPV under the AIA SPV LLC Agreement.
Immediately after the termination of the AIA SPV Intercompany Loan Agreement pursuant to Section 2 above, the AIA SPV shall distribute to the UST the Partial Loan Repayment in accordance with Section 5.03 of the AIA SPV LLC Agreement, and the requisite amount of cash currently held by the AIA SPV in accordance with Section 5.02 of the AIA SPV LLC Agreement, to fully pay the AIA SPV Preferred Payment.
For purposes of Section 4.01(e) of the AIA SPV LLC Agreement and Section 4.01(f) of the ALICO SPV LLC Agreement, a Significant Action Request Notice shall be delivered to each Person then having the right to consent to the applicable action in 61 (NY) 07865/002/RECAPITALIZATION/Master.Transaction.Agt.doc accordance with the preceding sentence (at the notice address provided from time to time by such Person to the applicable SPV).