Examples of Remaining Preferred Shares in a sentence
If the assets and funds are insufficient to permit the full payment of the Outstanding Preference Amount on all of the Remaining Preferred Shares, then the entire assets and funds of the Company legally available for distribution to the Remaining Preferred Shares shall be distributed ratably among the holders of the Remaining Preferred Shares in proportion to the aggregate Outstanding Preference Amount each such holder is otherwise entitled to receive pursuant to this Section 4.6(i)(f).
In the event that the Remaining Preferred Shares (or the indebtedness which was issued in order to redeem the Remaining Preferred Shares) can, in accordance with the regulations and rulings of the FCC and applicable law, be converted into Common Stock then the Purchasers may convert such Remaining Preferred Shares or indebtedness into Common Stock.
In the event that, after giving effect to such conversion at the Reduced Conversion Price, there are shares of Preferred Stock remaining which could not be so converted (such remaining amount, the "Remaining Preferred Shares"), the Remaining Preferred Shares shall, at the option of Purchasers, either remain outstanding or be redeemed by Issuer through the issuance of indebtedness to the Purchasers.
Assuming the accuracy of the representations of the Holder contained herein, the Company acknowledges and agrees that in accordance with Section 3(a)(9) of the Securities Act, the holding period of the respective Remaining Preferred Shares may be tacked on to the holding period of the respective Exchange Shares they are exchanged for.
The Holder acknowledges that (i) conversion of the Converting Preferred Shares and the related issuance of the Exchange Shares in exchange for the Remaining Preferred Shares described in Section 1 represent negotiated transactions; and (ii) no representation or warranty as to the current or future fair market value of the Shares has been made.
For the purposes of Rule 144, the Company acknowledges that the holding period of the Rights (and upon exercise thereof, the Right Shares) may be tacked onto both the holding period of the Remaining Preferred Shares, and the Company agrees not to take a position contrary to this Section 18.
If the assets and funds are insufficient to permit the full payment of the Outstanding Preference Amount on all of the Remaining Preferred Shares, then the entire assets and funds of the Company legally available for distribution to the Remaining Preferred Shares shall be distributed ratably among the holders of the Remaining Preferred Shares in proportion to the aggregate Outstanding Preference Amount each such holder is otherwise entitled to receive pursuant to this Section 4.6(i)(e).
By virtue of Rule 3(a)(9) under the Securities Act, the Right (and upon exercise of the Right, the Right Shares) will have a Rule 144 (as defined below) holding period that will be deemed to have commenced as of February 28, 2022, the date of the original issuance of the Remaining Preferred Shares to the Holder.
The Holder is the legal and beneficial owner of the Remaining Preferred Shares.
The execution, delivery and performance of this Agreement by the Holder and the consummation by the Holder of the transactions contemplated hereby (including, without limitation, the irrevocable surrender of the Remaining Preferred Shares) will not result in a violation of the organizational documents of the Holder.