Examples of CARET Units in a sentence
Notwithstanding anything herein to the contrary, the Borrower and its Restricted Subsidiaries may declare and make, directly or indirectly, dividend payments or other distributions payable solely in the GL Units or CARET Units in such Person.
The CARET Units issued hereunder shall all be a single class of Units that are pari passu within the class as to economic matters.
CARET Units shall be subject to forfeiture at such times and in such events as may be determined by the Committee and set forth in an Award Agreement.
Unless otherwise set forth in a Participant's Award Agreement cash distributions, if any, with respect to CARET Units subject to performance and/or time-based vesting shall be withheld by the Company for the Participant's account (other than Tax Distributions (as defined in the LLC Agreement), which shall be made in accordance with the LLC Agreement) and shall be subject to forfeiture to the same degree as the CARET Units to which such distributions relate.
CARET Units may be granted to Eligible Persons in such form and having such terms and conditions as the Committee shall deem appropriate.
The Company is authorized to issue up to 12,000,000 CARET Units, in the aggregate, including any Profits Interests (the “Issuance Limitation”); provided, however, that the Issuance Limitation shall not prevent the Company from undertaking one or more splits or reverse splits of the then-outstanding CARET Units in the sole discretion of the Managing Member, subject to Section 9.3 and any applicable law.
The terms and provisions of the GL Units and CARET Units are further detailed in Article V and Article VI, respectively, below.
CARET Units withheld in payment of the exercise price or taxes relating to an Award and shares equal to the number surrendered in payment of any exercise price or taxes relating to an Award shall be deemed to constitute CARET Units delivered to the Participant and shall not again be available for Awards under the Plan.
In the event that the Company elects to set aside the Liquidation Payment for payment, the Preferred Units shall remain outstanding until the holders thereof are paid the full Liquidation Payment, which payment shall be made no later than immediately prior to the Company making its final liquidating distribution on the GL Units and CARET Units.
Subject to Section 9.3, this Agreement may be amended, modified, or waived solely by action of the Managing Member without the approval of any Member; provided, that all amendments to this Agreement shall affect all CARET Units equally.