Preferred Equity Documents definition

Preferred Equity Documents means, collectively, (i) that certain Assignment, Assumption and Conversion Agreement dated as of March 14, 2018, by and among the Borrower, Manufacturing, Holdings, Xxxxxx Xxxxx and THRC Holdings and (ii) the Holdings LLC Agreement.

Preferred Equity Documents means the Securities Purchase Agreement, dated as of March 30, 2011 by and among the Company and the Preferred Equity Investors and each other agreement, certificate, document or instrument delivered in connection therewith and with the Preferred Equity Investment, whether or not specifically mentioned herein or therein.

Preferred Equity Documents means the Preferred Equity Investment Agreement and any other agreements, documents and instruments executed in connection therewith, dated as of the date hereof, each of which shall be in form and substance satisfactory to the Administrative Agent.

Examples of Preferred Equity Documents in a sentence

• In the event of any conflict, ambiguity or inconsistency between the terms and conditions of this Agreement and the terms and conditions of any of the Holdco Preferred Equity Documents, the terms and conditions of this Agreement shall control.

• Without limiting the foregoing, no Credit Party is a party to or bound by an agreement (other than in the case of Borrower, the Convertible Preferred Equity Documents) or subject to any order of any Governmental Authority which prohibits or restricts in any way the right of such party to make Distributions other than restrictions binding on the Credit Party set forth in this Agreement.

• Notwithstanding anything to the contrary herein, in no event shall Holdings and its Subsidiaries create, incur, assume or suffer to exist any Indebtedness such that the Maximum Leverage Ratio (as defined in the Holdings Preferred Equity Documents (as in effect on the Closing Date or as amended to the extent expressly consented to by the Administrative Agent)) on a pro forma basis after giving effect to any contemporaneous transaction contemplated therewith, is exceeded.

• The Administrative Agent shall have received written evidence, in form and substance satisfactory to the Administrative Agent, that the holders of the Holdings Preferred Equity have approved the transactions contemplated by this Amendment No. 1 pursuant to the terms of the Holdings Preferred Equity Documents.

• The Borrower shall have entered into the Preferred Equity Documents, received the gross proceeds thereunder and such Preferred Equity Documents shall as in full force and effect.

More Definitions of Preferred Equity Documents

Preferred Equity Documents means the agreements memorializing the terms of the issuance of the Preferred Equity in accordance with the Preferred Equity Term Sheet, including any amendments, modifications, supplements thereto, and together with any related notes, certificates, agreements, security agreements, documents, and instruments (including any amendments, restatements, supplements, or modifications of any of the foregoing), which shall be in form and substance consistent in all material respects with this Agreement and the Preferred Equity Term Sheet attached to this Agreement as Exhibit C, including Section 3.02 of this Agreement.

Preferred Equity Documents means each of the following: (i) the Subscription Agreement; (ii) each Put Option Agreement; (iii) the Put Pledge Agreement; (iv) the Amended and Restated Issuer Acknowledgment (Put Option Agreement), dated as of the Restatement Effective Date, by Issuer, Issuer GP, and the Put Pledgor; (v) the Collateral Account Control Agreement, dated as of the Original Funding Date, among Put Pledgor, Credit Suisse AG, Cayman Islands Branch, as collateral agent, and The Bank of New York Mellon; (vi) the UCC-1 filed against the Put Pledgor with the Secretary of State of Delaware on the Original Closing Date, as amended by the UCC-3 filed against the Put Pledgor with the Secretary of State of Delaware on April 16, 2014 and the UCC-3 filed against the Put Pledgor with the Secretary of State of Delaware on the Restatement Effective Date; (vii) the Amended and Restated Limited Liability Company Agreement of Put Pledgor, dated as of the Original Closing Date, as amended by Amendment No. 1 thereto, dated as of April 11, 2014; (viii) the Articles of Amendment to the Articles of Incorporation of Parent Guarantor (setting forth the preferences, limitations and relative rights of Parent Guarantor’s Series E Convertible Preferred Stock), as filed with the Secretary of State of the State of Colorado on the Original Closing Date; and (ix) the Registration Rights Agreement, dated as of the Original Closing Date, among Parent Guarantor and purchasers party thereto.

Preferred Equity Documents means that certain (c) First Lien Securities Purchase Agreement, dated as of March 18, 2013, by and among EAC, Evergreen International Aviation, Inc., an Oregon corporation, the Initial Consenting Investors party thereto, (b) Second Lien Stock Purchase Agreement, dated as of March 18, 2013, by and among EAC, Evergreen International Aviation, Inc., and the Investors party thereto, and (c) the Certificate of Designation of Mandatorily Convertible Cumulative Participating Preferred Stock, Series A of EAC, dated as of May 2, 2013.

Preferred Equity Documents means the Preferred Equity Purchase Agreement and all of the documents referred to therein, including without limitation, the provisions of the articles of incorporation or other charter documents of the Borrower designating the terms of the Preferred Equity.

Preferred Equity Documents means this Certificate of Designations, the Purchase Agreement, the Warrants (as defined in the Purchase Agreement), the Controlling Stockholder Letter Agreement (as defined in the Purchase Agreement), the Registration Rights Agreement (as defined in the Purchase Agreement), the Stockholders’ Agreement (as defined in the Purchase Agreement) and the certificates (if any) representing the Senior Preferred Stock.

Preferred Equity Documents means the Securities Purchase Agreement, dated as of March 30, 2011 by and among the Company and the Preferred Equity Investors and each other

Preferred Equity Documents means the Senior Preferred Units Securities Purchase Agreement dated as of the date hereof by and between the Borrower, as issuer, and LamPort, as purchaser, and the documents entered into as part of the transactions contemplated therein.