Examples of Concurrent Securities in a sentence
If the Company exercises its optional conversion right with respect to some or all of the series of the Concurrent Securities, then the Company will select among the various series with respect to which it will exercise its conversion right on a pro rata basis, by lot or in such other manner as the Board of Directors of the Company, the Preferred Stock Committee or any duly authorized committee thereof may determine to be fair and equitable.
If the Company exercises its optional redemption right with respect to some or all of the series of the Concurrent Securities, then the Company will select among the various series with respect to which it will exercise its redemption right on a pro rata basis, by lot or in such other manner as the Board of Directors of the Company, the Preferred Stock Committee or any duly authorized committee thereof may determine to be fair and equitable.
The Company is not required, and upon the issuance and sale of the Securities and the Concurrent Securities, as herein contemplated and the application of the net proceeds therefrom as described in the General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
The Company will comply with all applicable securities and other laws, rules and regulations in each jurisdiction in which the Concurrent Securities are offered in connection with the Concurrent Sale.
The Concurrent Securities have been duly and validly authorized, and, when delivered to and paid for by the Purchaser in the Concurrent Sale pursuant to the Concurrent Sale Agreement, will conform in all material respects to the description contained in the General Disclosure Package and the Prospectus and will be validly issued, fully paid and non-assessable.
The Company will comply with all applicable securities and other laws, rules and regulations, in each jurisdiction in which the Concurrent Securities are offered in connection with the Concurrent Sale.
The Company does not intend to use any of the proceeds from the sale of the Securities or the Concurrent Securities hereunder to repay any outstanding debt owed to any affiliate except as set forth in the General Disclosure Package and the Prospectus.
Attached as Annex B hereto is a schedule prepared by the Company, which sets forth all offers and sales of the Concurrent Securities.
Neither the Company nor any subsidiary is required, and upon the issuance and sale of the Securities and the Concurrent Securities, as herein contemplated and the application of the net proceeds therefrom as described in the General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
The Concurrent Securities have been duly and validly authorized, and, when delivered to and paid for by the Purchasers in the Concurrent Sale pursuant to the Concurrent Sale Agreement, will conform in all material respects to the description contained in the General Disclosure Package and the Prospectus and will be validly issued, fully paid and non-assessable.