Examples of DWI II in a sentence
References in this Article VII to M&J K B, M&J K, XX-XX and DWI II shall be deemed to include their permitted transferees.
From and after the date on which a JK/DG Triggered Follow-on Offering or a Subsequent Follow-on Offering shall be consummated, DWI II shall have no rights, and the Partnership shall have no obligations to DWI II to distribute Common Stock, in each case pursuant to Section 7.02(d), unless such exchange right set forth in this Section 7.06(f) shall have expired without first having become exercisable.
In the event of Trigger Events with respect both of the initial General Partners, then DWI II shall, without any further action on the part of the Partners or the Partnership, become the sole General Partner and concurrently therewith, the Partnership shall convert all shares of Common Stock held by the Partnership to Class A Stock and shall continue without dissolution.
For the avoidance of doubt, this Section 7.06(f) shall not give DWI II any priority over other Partners with respect to the timing or amount of distributions of shares of Common Stock pursuant to the other provisions of this Article VII and shall not relieve DWI II of its obligations under Section 7.05.
For the avoidance of doubt, this Section 7.06(e) shall not give DWI II any priority over other Partners with respect to the timing or amount of distributions of shares of Common Stock pursuant to the other provisions of this Article VII and shall not relieve DWI II of its obligations under Section 7.05.
A transferee of an Interest permitted under Section 9.01 shall be admitted to the Partnership as a partner of the Partnership upon (i) the prior written consent of the General Partners and DWI II (which consent of the General Partners and DWI II shall not be unreasonably withheld or delayed) and (ii) its execution of an instrument signifying its agreement to be bound by the terms and conditions of this Agreement, which instrument may be a counterpart signature page to this Agreement.
DWI II shall have no rights, and the Partnership shall have no obligations to DWI II, to make distributions of shares of Common Stock to DWI II pursuant to Section 7.02(d) in respect of a given Pricing Period other than pursuant to the exchange rights set forth in this Section 7.06(e).
The amended Basis and Agreement Value Schedule shall become final and binding on the parties unless DWI II, within 30 calendar days after receiving such amended Basis and Agreement Value Schedule, provides DWA with notice of a material objection to such amended Basis and Agreement Value Schedule made in good faith.
The Tax Benefit Schedule shall become final and binding on the parties unless DWI II, within 30 calendar days after receiving such Tax Benefit Schedule, provides DWA with notice of a material objection to such Tax Benefit Schedule made in good faith.
If the parties, using their best efforts, are unable to successfully resolve the issues raised in such notice within 60 calendar days after such Early Termination Notice was delivered to DWI II, DWA and DWI II shall employ the Reconciliation Procedures.