Examples of Preferred Securities Purchase Agreement in a sentence
Notwithstanding the foregoing, except as modified or amended by the transactions contemplated by this Agreement, the representations, warranties and covenants contained in the Original Preferred Securities Purchase Agreement shall survive and be enforceable against the parties thereto.
After one or more holders of Class D Common Units elect(s) to require the Company to redeem Class D Common Units in accordance with Section 4D of the Preferred Securities Purchase Agreement, the Company will deliver written notice of the Board’s determination of the Fair Market Value of such Units (the “Redemption Value Notice”) to the holder(s) of the Class D Common Units to be redeemed.
In anticipation of the entry into that certain Preferred Securities Purchase Agreement (the “PSPA”), by and among the Master Fund, Global Opportunities Breakaway Ltd.
In addition, we have assumed that the Declaration, the Preferred Securities, the Guarantee Agreement, the Indenture, the Debenture and the Preferred Securities Purchase Agreement when executed will be in substantially the forms reviewed by us.
Notwithstanding the provisions of Sections 7.2(a) and 7.2(b) and the fact that any Series A Preferred Units are then outstanding, the Company shall be permitted to make Distributions to the holders of Common Units in accordance with the priorities set forth in Sections 7.2(c), 7.2(d), 7.2(e) and 7.2(f) so long as the Company is in compliance with the covenants set forth in Paragraph 6B of the Preferred Securities Purchase Agreement.
Subject to certain exceptions set forth in the Series B Preferred Securities Purchase Agreement (the "Purchase Agreement"), during such six month period, the Series B Preferred Stock will not be convertible unless the Company undergoes a Change of Control, as defined in the Articles Supplementary, or the Series B Preferred Stock dividends are in arrears.
Pursuant to the Series A Preferred Securities Purchase Agreement (the "Purchase Agreement") with SCPG, the Company has covenanted to repurchase the Series A Preferred Stock (i) at a purchase price of 115% of the liquidation preference if the Company fails to continue to be taxed as a REIT or (ii) at a purchase price of 105% of the liquidation preference in the event a Change in Control (as defined in the Articles Supplementary) occurs.
In addition, we have assumed that the Declaration, the Preferred Securities, the Guarantee Agreement, the Indenture, the Debentures, the Preferred Securities Purchase Agreement and the Debenture Purchase Agreement, when executed, will be in substantially the forms reviewed by us.
December 3, 1996 Page 5 the terms of the Declaration and delivered to and paid for by the Underwriters as contemplated by the Preferred Securities Purchase Agreement; and (v) the Debentures have been duly executed and authenticated in accordance with the terms of the Indenture and delivered to and paid for by the Trust as contemplated by the Debenture Purchase Agreement and the Declaration: 1.
PURCHASER: Xxxxxxx DermTech Investments III LLC By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Officer of the Managing Member IN WITNESS WHEREOF, the parties have duly executed and delivered this Amendment No. 1 to Series C Preferred Securities Purchase Agreement as of the Effective Date.