Examples of Class D Preferred Unit in a sentence
The Class D Preferred Units shall be entitled to the number of votes per Class D Preferred Unit equal to the number of whole Common Units into which one Class D Preferred Unit is then convertible on all matters for which the holders of Units are entitled to vote under the terms of this Agreement and the Act.
To exercise its right to redemption pursuant to this Section 5.13(d)(i), a Class D Preferred Unit Holder must deliver a written notice of such exercise (a “Class D CoC Redemption Election Notice”) to the Partnership prior to the 90th day following the occurrence of such Class D Change of Control, which Class D CoC Redemption Election Notice shall set forth the number of Class D Preferred Units such Class D Preferred Unit Holder elects to have redeemed by the Partnership pursuant to this Section 5.13(d)(i).
The preceding sentence shall not be deemed to be a waiver by any Class D Preferred Unit Holder of its right to receive from the Partnership and/or its successor the cash payment required by this Section 5.13(d)(i) in connection with such Class D Change of Control and redemption.
The Preferred Units shall be issued by the Partnership pursuant to a Class D Preferred Unit Purchase Agreement, dated as of April 16, 2013 (the “Purchase Agreement”), by and among the Partnership and the purchasers named therein.
Finally, no Class D Preferred Unit Holders, Class C Preferred Unit Holder, Class B Preferred Unit Holder or Class A Preferred Unit Holder (or holder of Common Units issued upon conversion of Preferred Units) shall be obligated to agree to any non-compete or other restrictive covenant in connection with any such Sale of the Company.
A total of 400,000 Class D Preferred Units were issued by the Partnership on the Class D Initial Issuance Date to the Class D Purchasers in exchange for Capital Contributions equal to $1,000 per Class D Preferred Unit, in each case pursuant to the terms and conditions of the Class D Preferred Unit Purchase Agreement, and each of the Class D Purchasers was concurrently admitted to the Partnership as a Limited Partner and a Class D Preferred Unit Holder.
The initial Capital Account attributable to each Class D Preferred Unit shall be determined pursuant to the Class D Initial Preferred Unit Purchase Agreement or Class D Additional Preferred Unit Purchase Agreement, as applicable.
The register maintained by the Class D Transfer Agent shall be the definitive record of ownership of all Class D Preferred Units, and no Person shall be deemed an owner of a Class D Preferred Unit for any purpose, unless and until such Class D Preferred Unit is recorded in such register as owned by such Person.
The conversion rate in effect at any time for conversion of each Class D Preferred Unit (the “Class D Preferred Unit Conversion Rate”) shall be the quotient obtained by dividing the Class D Original Issue Price by the Conversion Price then in effect for the Class D Preferred Units (as defined in and calculated as provided in Section 3.9(d)).
On any matter on which a vote of the Voting Members is called for (whether pursuant to this Agreement, the Act or otherwise), the holder of each Class A Unit, each Class B Preferred Unit, each Class B-1 Preferred Unit, each Class B-2 Preferred Unit and each Class D Preferred Unit shall be entitled to one (1) vote, and all Voting Units shall vote together as a single class (unless otherwise provided by this Agreement).