Examples of Class D Purchase Agreement in a sentence
Promptly after becoming aware of the occurrence thereof and in any event within ten (10) days after becoming aware of each such occurrence, the Company shall provide notice to each Major Holder of any Material Adverse Effect (as such capitalized term is defined in the Class D Purchase Agreement), or any event which would be reasonably expected to result in the occurrence of a Material Adverse Effect.
The Company shall not issue any additional Class A Preferred Units, Class B Preferred Units, Class C-1 Preferred Units or Class C-2 Preferred Units, and shall not issue any Class C-3 Preferred Units other than pursuant to the Class C-3 Convertible Note and shall not issue any Class D Preferred Units other than pursuant to the terms of the Class D Purchase Agreement.
The Class D-2 Certificates shall be subordinate to the Class D-1 Certificates as described herein and in the Class D Purchase Agreement.
The Class A/B/C Notes will be offered and sold by HVF III on the Series 2022-5 Closing Date pursuant to the Class A/B/C Purchase Agreement and the Class D Notes will be sold by HVF III on the Series 2022-5 Closing Date to the Initial Class D Note Purchaser pursuant to the Class D Purchase Agreement.
As of the Effective Date, and after giving effect to the Initial Closing (as defined in the Class D Purchase Agreement), 2,399,463 Class D Preferred Units are issued and outstanding to the Members in the amounts set forth on the Information Exhibit opposite each Class D Preferred Investor’s name and the remainder of which may be sold only pursuant to the Class D Purchase Agreement, unless otherwise agreed by the Innventus Fund.
The Class D Certificates will be sold pursuant to the Certificate Purchase Agreement (the "Class D Purchase Agreement") among the Trustee, the Seller, the Servicer and the purchasers named therein (the "Class D Purchasers").