Fungible Securities definition
Examples of Fungible Securities in a sentence
If one or more Holders collectively elect to dispose of at least 2.5 million Registrable Securities that are Fungible Securities (subject to adjustment pursuant to Section 3.04) the Partnership shall, upon the written request (a “Secondary Offering Demand Notice”) by such Holders, retain underwriters in order to permit such Holders to effect such sale through an Underwritten Offering (a “Secondary Offering”).
Subject to Section 2.03(b), the Partnership shall include in such Underwritten Offering all included Registrable Securities that are Fungible Securities with respect to which the Partnership has received requests within two (2) Business Days (or one (1) Business Day in connection with a “bought deal” or an “overnight” Underwritten Offering) after the Partnership’s notice has been delivered in accordance with Section 3.01.
The Partnership shall use its commercially reasonable efforts to cause each Registration Statement filed pursuant to this Section 2.01 to be continuously effective, supplemented and amended to the extent necessary to ensure that it is available for the resale of all Registrable Securities that are Fungible Securities by the Holders until all Registrable Securities covered by such Registration Statement have ceased to be Registrable Securities (the “Effectiveness Period”).