Examples of Class X Stock in a sentence
No dividends shall be payable in respect of the share of Class X Stock.
In the event of a voluntary or involuntary dissolution, liquidation or winding up of the Corporation, the holder of the share of Class X Stock shall be entitled to receive, ratably, on a per share basis, before any payment or distribution shall be made to the Common Stock or on any other class or series of stock of the Corporation ranking junior to the Class X Stock as to payments upon liquidation, dissolution or winding up, the amount of $1.00, and no more.
Notwithstanding anything in this Restated Certificate of Incorporation to the contrary, any action required or permitted to be taken by the holder of the share of Class X Stock at a meeting of the stockholders may be taken by written consent in lieu of a stockholder meeting.
The Class X Director may be removed without cause by (and only by), and any vacancy in the Class X Directorship (occurring for any reason) may be filled by (and only by), the holder of the share of Class X Stock.
The bylaws of the Corporation (as the same may be amended and/or restated from time to time, the “Bylaws”) shall not impose any qualification on the eligibility of a nominee of the holder of the share of Class X Stock for election as a Class X Director, and no provision of the Bylaws shall require that advance notice of a nominee for election of a Class X Director be provided to the Corporation.
The share of Class X Stock shall have no voting rights, except as expressly provided in this Article IV(C) or required by applicable law.
Upon the earliest to occur of (x) the consummation of the Merger or (y) the expiration of the MCK Exit Window (as defined in the LLC Agreement (as defined below)) (such date, the “Class X Termination Time”), the share of Class X Stock, if outstanding, shall be automatically redeemed for a cash amount equal to $1.00, but only to the extent redemption is permitted by applicable law.
Upon such redemption, the share of Class X Stock shall be automatically retired and cancelled and may not be reissued.
Notwithstanding the foregoing, no amendment shall be made to the provisions of the Articles relating to the Class X Stock without the prior written consent of MCK.
At all times prior to the MCK Trigger Date, Echo shall, and the Sponsors and Stockholders shall take all Necessary Action in connection therewith, to ensure that Echo maintains one (1) share of Class X Stock authorized and reserved for issuance to MCK (or one of its designated Affiliates) pursuant to Section 2.4(b) hereof, and no other shares of Class X Stock shall be authorized or issued to any other Person other than MCK (or such designated Affiliate).