Examples of New Units Notice in a sentence
If any or all of the Suiza Members, the Xxxx Members or other holders of Series B Convertible Preferred Units fail to exercise fully such preemptive right within such 30-day period, the Company will have 60 days to sell the new Units or Preferred Units at no less than 95% of the price set forth in the New Units Notice and otherwise upon substantially the same terms specified in the New Units Notice.
A Member who desires to participate in the purchase of New Units shall have a period of ten days following the date of the New Units Notice to give the Company written notice of the number of New Units such Member elects to purchase, which notice shall be accompanied by payment or evidence of payment therefor in the manner prescribed in the New Units Notice.
Each New Units Notice shall set forth: (i) the number of New Units proposed to be issued by the Company and their purchase price; (ii) such Member’s pro rata portion of New Units; and (iii) any other material term, including any applicable regulatory requirements and, if known, the expected date of consummation of the purchase and sale of the New Units.
The New Units Notice shall describe the New Units to be issued, the Capital Contributions to be made in exchange therefor and the manner in which payments for said New Units is to be made.
If the Members do not elect to purchase all of the offered New Units, the Company may sell all or part of the remaining New Units to such Persons as the Board of Managers may approve on the terms provided in the New Units Notice.
Each of Franklin, RPH and Vestar will have 30 days from the date of receipt of the New Units Notice and any information delivered by or on behalf of the Company to any proposed purchasers or as it may reasonably request to facilitate their investment decision, to agree to purchase up to its Pro Rata Share of the new Units for the price and upon the other terms specified in the New Units Notice.
If the Company proposes to issue or sell new Units, the Company will provide each of Franklin, RPH and Vestar with written notice of its intention (the "New Units Notice").
If any or all of the Suiza Members, the Rxxx Members or other holders of Series B Convertible Preferred Units fail to exercise fully such preemptive right within such 30-day period, the Company will have 60 days to sell the new Units or Preferred Units at no less than 95% of the price set forth in the New Units Notice and otherwise upon substantially the same terms specified in the New Units Notice.
If any or all of Franklin, RPH or Vestar fail to exercise fully such preemptive right within such 30-day period, the Company will have 60 days to sell the new Units at no less than 95% of the price set forth in the New Units Notice and otherwise upon substantially the same terms specified in the New Units Notice.