Examples of Equity Election Notice in a sentence
Any such holder's election to receive the Equity Election Consideration shall have been properly made only if the Exchange Agent shall have received at its designated office, by 5:00 p.m., New York City time on the business day (the "Election Date") preceding the date of the Company Stockholders' Meeting, a Equity Election Notice properly completed and signed by such holder.
Company agrees not to take any action, including amending the Operating Agreement, that would restrict or prohibit Manager from making an Equity Election Notice hereunder or under Section 8(f) or Company from complying with an Equity Election Notice, other than as contemplated by Amendment No. 5 to the Operating Agreement at the request of the Class Z Member (as defined therein), and other than in connection with the issuance of the new Member Interests referred to in Exhibit A.
The Company will use its best efforts to make the Equity Election Notice and the Proxy Statement available to all persons who become holders of Xxxxxx Series F Preferred Stock during the period between such record date and the Election Date referred to below.
Company agrees not to take any action, including amending the LP Agreement, that would restrict or prohibit Manager or its designee from making an Equity Election Notice hereunder or under Section 7(f) or Company from complying with an Equity Election Notice.
If the Class A Members do not so elect to purchase any portion of the Equity Securities specified in the New Equity Notice, then the Company may sell and issue during the 180-day period immediately following the expiration of the Option Period all of such securities to the proposed buyer(s) at the price stated in the New Equity Election Notice and on other terms and conditions not materially more favorable to the purchaser(s) thereof than those specified in the New Equity Notice.
The Company will use its best efforts to make the Equity Election Notice and the Proxy Statement available to all persons who become holders of Daleen Series F Preferred Stock during the period between such rxxxxx date and the Election Date referred to below.