Examples of Electing Class in a sentence
Subject to Sections 3.01(e) and 3.01(f), each Class A Share outstanding immediately prior to the Effective Time with respect to which a Form of Election has been properly made and not revoked pursuant to Section 3.01(d) (such Class A Shares with respect to which a Form of Election is duly made being referred to as "Electing Class A Shares") will, at the Effective Time, be converted into $18.50 in cash (the "Class A Cash Consideration").
If we become aware of any jurisdiction where the making of this exchange offer is not in compliance with applicable law, we will make a good faith effort to comply with such law.
Without prejudice to the Liquidity Limitation Procedure, in the event that the Investment Manager, in its discretion, so determines, the aggregate Principal Amount Outstanding of Class D Subordinated Notes which any Electing Class D Subordinated Noteholder may redeem pursuant to Condition 7(b)(iii) and 7(b)(iv) may be reduced (subject as follows, in addition to any reduction arising from the application of the Liquidity Limitation Procedure) by an amount equal to up to 15 per cent.
In addition, the Electing Class A Unitholders may, with written notice to the Company, and without consent of the Class B Unitholders, invoke the provisions of Section 12.9 in connection with such process, cause the Company to initiate a process intended to result in a Sale of the Company, which may include an auction process using a nationally recognized investment bank, intended to result in a Sale of the Company.
The shares of Reorganized MPC Common Stock to be distributed to the Class 6C Interest Holders will only come from that portion of the Private Equity Issue which would otherwise be distributed to MPAC, and NOT from that portion of the Private Equity Issue to be distributed to any Electing Class 4 Creditor.
In the event of a reduction in the Principal Amount Outstanding of Class D Subordinated Notes redeemed pursuant to Condition 7(b)(iii) and 7(b)(iv) by reason of the operation of this Condition 7(b)(v), each Electing Class D Subordinated Noteholder's Delayed Redemption Notes will, subject to compliance with the Premature Redemption Requirements, be subject to automatic mandatory redemption in an amount equal to 100 per cent.
The cash purchase price for such redeemed Class A Units shall be the greater of (y) the fair market value of such Units (without discount for illiquidity, minority status or otherwise) as determined by a qualified third party agreed to in writing by a majority of the Electing Class A Unitholders and the Class B Holder and (z) the original per-Unit price for such Class A Units plus any unpaid Class A Preference thereon.
If an Offeror is offering Space in a facility currently housing a Federal agency, the security requirements of the facility may be increased, and the Offeror may be required to adhere to a higher security standard than other Offerors competing for the same space requirement.
In addition, the Electing Class B Unitholders may, with written notice to the Company, and without consent of the Class A Unitholders, invoke the provisions of Section 12.9 in connection with such process, cause the Company to initiate a process intended to result in a Sale of the Company, which may include an auction process using a nationally recognized investment bank, intended to result in a Sale of the Company.
The Confirmation Order shall provide that any distribution of Reorganized MPC Common Stock to MPAC, the Electing Class 4 DEBTORS' SECOND AMENDED JOINT PLAN OF REORGANIZATION 20 Creditors and the Class 6C Interest Holders pursuant to the Plan and the Articles of Incorporation shall be exempt from any and all federal, state and local laws requiring the registration of such securities pursuant to Section 1145(a)(1) of the Bankruptcy Code.