Examples of Purchased Class B Units in a sentence
The Purchased Class B Units shall have those rights, preferences, privileges and restrictions governing the Class B Units, which shall be reflected in the Limited Liability Company Agreement, as amended by the Class B Amendment.
All Purchased Class B Units and Purchased Units held or acquired by Persons who are Affiliates of one another shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
The number of Purchased Class B Units to be issued and sold to each Purchaser is set forth opposite such Purchaser’s name on Schedule 2.01 hereto.
Subject to the proviso contained in the first paragraph of this Section 2.01, the number of Purchased Class B Units to be issued and sold to each Purchaser shall be equal to the quotient determined by dividing (i) the Commitment Amount for such Purchaser under the column entitled “Common Units” on Schedule 2.01 by (ii) the Class B Unit Price (as defined in Section 2.01(c) below), which quotient shall be rounded, if necessary, down to the nearest whole number.
No fees or commissions will be payable by such Purchaser to brokers, finders or investment bankers with respect to the sale of any of the Purchased Class B Units or the Purchased Units or the consummation of the transactions contemplated by this Agreement.
Subject to the terms and conditions of this Agreement, at the Closing, Linn hereby agrees to issue and sell to each Purchaser, and each Purchaser hereby agrees, severally and not jointly, to purchase from Linn, the number of Purchased Units and Purchased Class B Units, respectively, set forth opposite its name on Schedule 2.01 hereto.
Linn agrees that it will indemnify and hold harmless each of the Purchasers from and against any and all claims, demands or liabilities for broker’s, finder’s, placement or other similar fees or commissions incurred by Linn or alleged to have been incurred by Linn in connection with the sale of Purchased Class B Units or Purchased Units or the consummation of the transactions contemplated by this Agreement.
The payment of Liquidated Damages to a Purchaser shall cease at such time as the Purchased Class B Units and the Purchased Units of such Purchaser become eligible for resale under Rule 144(k) under the Securities Act.
Notwithstanding the foregoing, Linn shall not, and shall cause its directors, officers and Affiliates not to, sell, offer for sale or solicit offers to buy any security (as defined in the Securities Act) that would be integrated with the sale of the Purchased Class B Units or the Purchased Units in a manner that would require the registration under the Securities Act of the sale of the Purchased Class B Units or the Purchased Units to the Purchasers.
Subject to Section 5.02, (i) the amount per Common Unit each Purchaser will pay to U.S. Shipping to purchase the Purchased Common Units (the “Common Unit Price”) shall be $18.34 and (ii) the amount per Class B Unit each Purchaser will pay to U.S. Shipping to purchase the Purchased Class B Units (the “Class B Unit Price”) shall be $17.12.