Examples of Class N Preferred Stock in a sentence
Until so exchanged, the temporary Receipts shall in all respects be entitled to the same benefits under this Deposit Agreement, and with respect to the Class N Preferred Stock deposited, as definitive Receipts.
The Depositary or the Company may withhold or delay the delivery of any Receipt, the transfer, redemption or exchange of any Receipt, the withdrawal of the deposited Class N Preferred Stock represented by the Depositary Shares evidenced by any Receipt, the distribution of any dividend or other distribution or the sale of any rights or of the proceeds thereof, until such proof or other information is filed, or such certificates are executed or such representations and warranties are made.
The Company shall provide the Depositary with a written copy of such notice, and each such notice shall state: (i) the conversion date, (ii) the number of shares of Common Stock to be issued upon conversion of each share of Class N Preferred Stock and the number of shares of Class N Preferred Stock to be converted and (iii) that dividends on the Class N Preferred Stock to be converted will cease to accrue on the conversion date.
In the event that this Deposit Agreement is terminated pursuant to clause (i) of the immediately preceding sentence, the Company hereby agrees to use its best efforts to list the Class N Preferred Stock issued upon surrender of the Receipts evidencing the Depositary Shares represented thereby on a national securities exchange.
The Company agrees that it will deliver to the Depositary, and the Depositary, if requested in writing by the Company and provided with all necessary information and documents, will promptly after receipt thereof, transmit to the record holders of Receipts, in each case at the address recorded in the Depositary’s or the Registrar’s books, copies of all notices and reports generally made available by the Company to holders of its Class N Preferred Stock.
To the extent any such instructions request the voting of a fractional interest of a share of deposited Class N Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes and any remaining fractional votes resulting from such aggregation in accordance with the instructions received in such requests.
The Company shall cause effective provisions to be made in the charter of the resulting or surviving Person (if other than the Company) for protection of such rights as may be applicable upon exchange of the deposited Class N Preferred Stock for securities or property or cash of the surviving Person in connection with the transactions set forth above.
When Dworkin first introduces the notion of theoretical disagreement, his example concerns the first question.
The Depositary shall make available for inspection by holders of Receipts at the Corporate Trust Office and at such other places as it may from time to time deem advisable during normal business hours any reports and communications received from the Company that are both received by the Depositary as the holder of deposited Class N Preferred Stock and made generally available to the holders of the Class N Preferred Stock.
Such representation and warranty shall survive the deposit of the Class N Preferred Stock and the issuance of Receipts evidencing the Depositary Shares.