Examples of Required Preferred Holders in a sentence
No adjustment in the Conversion Price of any series of Preferred Stock shall be made as the result of the issuance or deemed issuance of Additional Shares of Common Stock if the Corporation receives written notice from the Required Preferred Holders agreeing that no such adjustment shall be made as the result of the issuance or deemed issuance of such Additional Shares of Common Stock.
Any of the rights, powers, preferences and other terms of the Preferred Stock set forth herein, except as otherwise provided in this Section 8, may be waived, either prospectively or retrospectively, on behalf of all holders of Preferred Stock by the affirmative written consent or vote of the Required Preferred Holders.
In order to exercise such right, the Investor Representative, upon request of the Required Preferred Holders, shall deliver a notice (a “Redemption Request Notice”) to the General Partner setting forth the request that all of the issued and outstanding Preferred Units be so redeemed.
At any time after the seventh anniversary of the Effective Date or upon a Change of Control, if so requested by the Required Preferred Holders, the Partnership shall redeem all of the issued and outstanding Preferred Units owned by all holders of Preferred Units by paying an amount of cash equal to the Base Preferred Return Amount with respect to each outstanding Preferred Unit in redemption or liquidation of all outstanding Preferred Units (the “Final Cash Redemption Amount”).
In the event that (x) the Board of Managers and (y) the Required Preferred Holders approve a Sale of the Company in writing, then each Recipient hereby agrees to be bound by Section 7.8 of the Operating Agreement.
Upon receipt of such written request by the Required Preferred Holders, the Corporation shall promptly notify in writing all other Holders of such request, and such other Holders shall have a period of ten Business Days following such notice from the Corporation to notify the Corporation in writing whether such other Holders, or any of them, desire to have Registrable Securities held by them registered for sale to the public under the Securities Act.
Notwithstanding the foregoing, the provision of the notice required under this Section 4.10 may be waived in writing by the Required Preferred Holders.
Upon the occurrence of a Mandatory Redemption Event, to the extent not prohibited by applicable law or postponed in writing by the Required Preferred Holders, in their sole and absolute discretion, the Company shall redeem all then outstanding Preferred Units for cash in an amount per Preferred Unit equal to the Redemption Price as of such time.
This Agreement may be amended and any provision hereof waived only by the written consent of both the Company and each of the Required Preferred Holders.
From and after the date of this Agreement, the Company shall not, without the prior written consent of the Required Preferred Holders, enter into any agreement with any holder or prospective holder of any securities of the Company giving such holder or prospective holder any registration rights the terms of which are pari passu with or senior to the registration rights granted to the Holders hereunder.