Examples of Class A Reset Date in a sentence
The Class A Preferred Return Rate is subject to reset as provided herein on each Class A Reset Date.
In the event the Company and all of such holders of Class A Limited Membership Interests reach agreement at least forty-five (45) days before such Class A Reset Date, the Class A Preferred Return Rate will be reset on the Class A Reset Date to the amount so agreed and will remain in effect until the next Class A Reset Date.
During the period commencing ninety (90) days and ending forty-five (45) days prior to a Class A Reset Date (the “Consultation Period”), the Company and the Class A Limited Members shall consult with one another (and the Administrative Agent (if any) shall coordinate such consultation) to determine whether the Company and the Class A Limited Members are able to agree upon a Class A Preferred Return Rate for the Class A Reset Period commencing on such Class A Reset Date.
The Class A Preferred Return Rate so determined on such Class A Reset Date shall remain in effect until the following Class A Reset Date.
The aggregate Preferred Return Capital of the Class A Members as of the initial Class A Reset Date is $248,120,718.
As evidenced by that certain Rate Reset Agreement dated May 29, 2007 by the Company, GMCO, RBDB and TPC, the Class A Limited Members agreed upon the Class A Preferred Return Rate for the June 28, 2007 initial Class A Reset Date as required by Section 7.1(b) of the Third Amended and Restated LLC Agreement and made certain related amendments to the Third Amended and Restated LLC Agreement.
In the event no agreement pursuant to this Section 7.1(b) is reached at least forty-five (45) days before the relevant Class A Reset Date, the Company shall, on a date no later than such Class A Reset Date, conduct an auction or mandatory remarketing (a “Class A Mandatory Remarketing”) to set the applicable Class A Preferred Return Rate pursuant to Section 7.1(c)(i).
In the event agreement is reached at least forty-five (45) days before such Class A Reset Date, the Class A Preferred Return Rate will be reset as of such Class A Reset Date pursuant to such agreement and will remain in effect until the following Class A Reset Date.
During the period commencing ninety (90) days and ending forty-five (45) days prior to each Class A Reset Date, the Company and the holders of all the Class A Limited Membership Interests shall consult with one another to determine whether they are able to agree upon a Class A Preferred Return Rate in advance of such Class A Reset Date.
In connection with each Class A Reset Date, the Capital Accounts of all the Members (including the Class A Limited Members) shall be redetermined as set forth in Section 7.1(d).