Examples of Alternative Form Consideration in a sentence
Upon any conversion of shares of Class A Preferred Stock into Alternative Form Consideration, a number of Class A Partnership Preferred Units equal to the number of shares of Class A Preferred Stock so converted shall be automatically converted into the same type and amount of Alternative Form Consideration as is deliverable with respect to the shares of Class A Preferred Stock so converted.
For the avoidance of doubt, a Holder shall have no entitlement to convert its Series A Preferred Stock into Common Shares or other securities of the Corporation (or of any successor corporation or any other Person) from and after such Fundamental Change, but shall only have the right to receive (upon conversion) the Alternative Form Consideration.
The aggregate number of shares of our common stock (or equivalent Alternative Form Consideration (as defined in the preliminary prospectus), as applicable) issuable in connection with the exercise of the Change of Control/Delisting Conversion Right and in respect of the Series A Preferred Stock will not exceed 31,830,239 shares of common stock (or equivalent Alternative Form Consideration, as applicable) (the “Exchange Cap”).
Further, BUILDER shall provide to OWNER a listing of all critical spare parts (any long lead item and those spares causing equipment to be out of service for extended periods of time) and two years operating spare parts.
If a U.S. Holder receives the Alternative Form Consideration upon conversion of shares of our Series A Preferred Stock, such U.S. Holder may receive cash, securities or other property or assets, or a combination thereof.