Examples of Old VMTP Shares in a sentence
Contemporaneously with the issuance of the MFP Shares upon consummation of the Exchange, the Fund shall, and shall cause the redemption and paying agent for the Old VMTP Shares to, cancel all of the Old VMTP Shares, and the Old VMTP Purchase Agreement shall be terminated and shall no longer be in effect (other than any provisions thereof that by their express terms survive the repayment in full of all amounts owed to the Purchaser under the Old VMTP Purchase Agreement and the Old VMTP Shares).
Xxxxx Fargo is the sole beneficial owner of the Old VMTP Shares being delivered in exchange for New VMTP Shares pursuant to this Agreement and such Old VMTP Shares are being transferred to the Fund or its duly authorized representative, free and clear of any liens or encumbrances of any kind.
At the time Banc of America exchanged the Old VMTP Shares for the New VMTP Shares, it was, and as of the Effective Date it is: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a)(1) under the Securities Act.
The Old VMTP Statement is hereby deemed amended by the Fund to the extent necessary to effect the Old VMTP Shares Final Dividend Payment as stated above, and the Purchaser, as the Holder of 100% of the outstanding Old VMTP Shares, hereby consents to such deemed amendment of the Old VMTP Statement.
The Fund is existing and in good standing as voluntary association with transferable shares of beneficial interest commonly known as a “Massachusetts business trust,” under the laws of the Commonwealth of Massachusetts, with full right and power to issue the New VMTP Shares in exchange for the Old VMTP Shares, and to execute, deliver and perform its obligations under this Agreement and each Related Document.
The Purchaser is the sole beneficial owner of the Old VMTP Shares being delivered in exchange for MFP Shares pursuant to this Agreement and such Old VMTP Shares are being transferred to the Fund or its duly authorized representative, free and clear of any liens or encumbrances of any kind.
The Old VMTP Statement is hereby deemed amended by the Fund to the extent necessary to effect the Old VMTP Shares Final Dividend Payment as stated above, and the Purchaser hereby consents to such deemed amendment of the Old VMTP Statement.
Within two (2) Business Days of the Effective Date, the Fund shall deposit with the Redemption and Paying Agent an amount of Deposit Securities sufficient to redeem the MTP Shares and Old VMTP Shares.
The Fund shall use the net proceeds from the sale of New VMTP Shares to redeem all outstanding MTP Shares and Old VMTP Shares within 45 days of the Effective Date and pending such redemption the Fund shall invest such net proceeds in Deposit Securities.
Banc of America is the sole beneficial owner of the Old VMTP Shares being delivered for exchange pursuant to this Agreement and such Old VMTP Shares are being transferred to the Fund or its duly authorized representative, free and clear of any liens of encumbrances of any kind.