Examples of Class A-1 Shareholder in a sentence
Under no circumstances will the Rights Agent be deemed to be a fiduciary to BN, the Company, any Class A Shareholder, any Class A-1 Shareholder or any other person under this Agreement.
If BN shall fail to make such appointment within a period of 30 days after giving notice of such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by a Class A Shareholder or Class A-1 Shareholder, then any Class A Shareholder or Class A-1 Shareholder may apply to any court of competent jurisdiction for the appointment of a new Rights Agent.
The Rights Agent will not be responsible or liable for the failure of BN, the Company, any transfer agent, any Class A Shareholder, any Class A-1 Shareholder or any other person to perform in accordance with this Agreement.
BN agrees to pay all expenses, including all reasonable and documented third party costs and out-of-pocket expenses (including reasonable fees of counsel), actually paid or incurred by such Class A Shareholder or Class A-1 Shareholder in enforcing any of such holder’s rights hereunder or otherwise relating to any litigation or other proceeding brought by such holder to enforce such holder’s rights hereunder, if such holder prevails in such litigation or proceeding.
Each and every right, remedy and power hereby granted to the Class A Shareholders and Class A-1 Shareholders shall be cumulative and not exclusive of any other right, remedy or power, and may be exercised by any Class A Shareholder or Class A-1 Shareholder at any time or from time to time.
Notwithstanding the preceding sentence, BN, the Company and the Rights Agent expressly acknowledge and agree that each Class A Shareholder and Class A-1 Shareholder is a third party beneficiary of this Agreement and that each Class A Shareholder and Class A-1 Shareholder shall have the full right to enforce this Agreement in accordance with its terms as if it were a signatory hereto.