Examples of Other Preferred Shares in a sentence
Other Preferred Shares shall likewise be considered in the computations contemplated by paragraphs 6(a)(i) and 6(a)(ii) only to the extent they are Outstanding, and amounts deposited for the redemption of such shares shall likewise not be considered assets of the Trust.
On the date hereof, (i) 45,320,278 Common Shares, 45,320,278 Series A Preferred Shares, 240,000 Series B Convertible Shares and no Other Preferred Shares were issued and outstanding, (ii) 2,708,409 Units were available for issuance under the Stock Incentive Plans, and (iii) 235,047 Units were reserved for issuance upon exercise of outstanding stock options to purchase Units granted under the Stock Incentive Plans or otherwise (the “Company Options”).
Upon payment of the applicable Other Redemption Payment for any Other Preferred Shares, a number of Other Preferred Shares equal to the quotient of: (i) such Other Redemption Payment; divided by (ii) the Redemption Price, will be automatically cancelled without any further action on the part of the Corporation, Holder or any other Person and such cancelled Other Preferred Shares shall no longer be issued and outstanding shares of capital stock of the Corporation.
Each Other Redemption Notice shall indicate that Holder is electing to redeem all of such Other Preferred Shares.
Other Preferred Shares authorized by this Amended and Restated Certificate of Formation may be issued from time to time in one or more series.
On the date hereof, (i) 91,226,580 Common Shares, 91,226,580 Series A Preferred Shares, 240,000 Series B Convertible Shares and no Other Preferred Shares were issued and outstanding, (ii) 5,048,747 Units were available for issuance under the Stock Incentive Plans, and (iii) 580,116 Units were reserved for issuance upon exercise of outstanding Company Options.
Concurrently with the issuance of the Preferred Shares and Warrants to the Purchasers pursuant to this Agreement, the Company is issuing Preferred Shares (the "Other Preferred Shares") and a Warrant (the "Other Warrant") to a separate purchaser pursuant to a separate Series H Convertible Preferred Stock Purchase Agreement (the "Other Purchase Agreement") dated as of the date hereof between the Company and CD Investment Partners, Ltd., a Cayman Island corporation (the "Other Purchaser").
In determining the number of Municipal Income Preferred Shares required to be redeemed in accordance with the foregoing, the Trust shall allocate the number required to be redeemed to satisfy the Preferred Shares Basic Maintenance Amount or the 1940 Act Preferred Shares Asset Coverage, as the case may be, pro rata among Municipal Income Preferred Shares, Other Preferred Shares and other Preferred Shares subject to redemption provisions similar to those contained in this paragraph 4(b).
Holder’s right to exercise the Other Redemption Right and receive the Redemption Price in accordance with this Section 5(c) shall be Holder’s sole and exclusive remedy against the Corporation, its Affiliates and any other Person, and Holder shall be deemed to have waived all other remedies (including equitable remedies), with respect to any failure by the Corporation to convert any of the Other Preferred Shares into shares of Common Stock.
Concurrently with the issuance of the Preferred Shares and the Warrant to the Purchaser pursuant to this Agreement, the Company is issuing Preferred Shares (the "Other Preferred Shares") and Warrants (the "Other Warrants") to other purchasers pursuant to a separate Series H Convertible Preferred Stock Purchase Agreement (the "Other Purchase Agreement"), dated as of the date hereof among the Company and the purchasers listed on Exhibit A thereto (the "Other Purchasers").