Examples of NEP Common Units in a sentence
NEP hereby agrees that it shall not, without the consent of the Class B Members, alter, amend, or waive any provision of the NEP Limited Partnership Agreement in a manner that would require the consent of the Non-Voting NEP Common Units if the Non-Voting NEP Common Units were outstanding and held solely by the Class B Members.
The NEP Common Units are listed on the NYSE, and NEP has not received any notice of delisting.
For purposes of this Section 7.05, beneficial ownership and the beneficial ownership percentage shall be calculated in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder, including taking into account any other securities held by the Class B Member or any of the Attribution Parties that are convertible into NEP Common Units, as applicable.
No approval from the holders of NEP Common Units or Series A Preferred Units is required for NEP to issue the Issued NEP Non-Voting Units or the Conversion Units, each in accordance with the A&R LLC Agreement and the Amended NEP Partnership Agreement.
If any of the Class B Members elects to sell all or any portion of such Non-Voting NEP Common Units pursuant to a Change of Control Units Sale Election, then such Class B Members shall use commercially reasonable efforts to make a Sale Arrangement for the Change of Control NEP Units that are subject to the Change of Control Units Sale Election on the Change of Control Units Sale Date.
No approval from the holders of NEP Common Units or Series A Preferred Units is required for NEP to issue the Issued NEP Non-Voting Units or the Conversion Units, each in accordance with the A&R LLC Agreement and the NEP Partnership Agreement.
Promptly following receipt of the Cash Election, but in no event later than 5:00 p.m. Eastern Standard Time on November 18, 2021, the NEP Member shall notify the Class B Member in writing of (i) the dollar amount of the Early Call Option Purchase Price to be paid in cash and (ii) the number of NEP Common Units to be issued as the remaining portion of the Early Call Option Purchase Price, in each case, on the Early Call Option Closing Date.
NEP is eligible to register the Issued NEP Common Units, if and when issued, for resale by the Purchaser under Form S-3 promulgated under the Securities Act.
Prior to the Closing, NEP will use its commercially reasonable efforts to obtain approval for listing the Issued NEP Common Units, subject to notice of issuance of Issued NEP Common Units at the appropriate time.
The Purchaser understands that there is no public trading market for the Purchased Units, that no such market is expected to develop and that the Purchased Units must be held indefinitely unless and until (i) Issued NEP Common Units are issued upon exercise of the Call Option, the NEP Change of Control Option, or the Class B COC Option, and (ii) such Issued NEP Common Units are registered under the Securities Act or an exemption from registration is available.