Securities Designation definition

Securities Designation means any instrument, designation, supplement, statement of preferences or other document pursuant to which securities contemplated by Article V, Section 7 hereof are issued, and a Securities Designation adopted on or after the date hereof shall be part of the “governing instrument” (within the meaning of the Delaware Act) of the Trust to the extent that such Securities Designation expressly provides that it shall constitute part of the “governing instrument” (within the meaning of the Delaware Act) of the Trust.
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Examples of Securities Designation in a sentence

  • For the avoidance of doubt, provisions (including without limitation additional and/or differing provisions) relating to the ownership and transfer of securities issued pursuant to Article V, Section 7 may be set forth in the Securities Designation of such securities.

  • Any such supplement or amendment (including without limitation any Securities Designation) shall be filed as is necessary.

  • To the extent the provisions set forth in such supplement or amendment (including without limitation any Securities Designation) conflict with the provisions of this Declaration with respect to any such rights, powers and privileges of the preferred shares, such amendment or supplement (including without limitation any Securities Designation) shall control.

  • In addition, any such supplement or amendment (including without limitation any Securities Designation) may set forth the rights, powers, preferences and privileges of such preferred shares (including without limitation Preferred Securities) and any such supplement or amendment (including without limitation any Securities Designation) shall operate either as additions to or modifications of the rights, powers, preferences and privileges of any such preferred shares under this Declaration.

  • To the extent that the Trustees authorize and issue preferred shares (including without limitation Preferred Securities) of any Class or Series, they are hereby authorized and empowered to amend or supplement this Declaration (including without limitation with any Securities Designation) as they deem necessary or appropriate, including to comply with the requirements of the 1940 Act or requirements imposed by the rating agencies or other Persons, all without the approval of Shareholders.

  • To the extent that the Trustees authorize and issue preferred shares (including without limitation Preferred Securities) of any Class or Series, they are hereby authorized and empowered to amend or supplement 12966669/2 this Declaration (including without limitation with any Securities Designation) as they deem necessary or appropriate, including to comply with the requirements of the 1940 Act or requirements imposed by the rating agencies or other Persons, all without the approval of Shareholders.

  • Except as otherwise provided herein or in the Preferred Securities Designation for any series of Preferred Securities and except as otherwise required by the Delaware Act, all voting rights of the Company shall be vested exclusively in the Common Member.

  • In this connection, the Manager is authorized to take any action not inconsistent with applicable law, this Agreement and the applicable Preferred Securities Designation and that the Manager determines in its discretion to be necessary or desirable for such purposes.

  • Whenever a vote, consent or approval of Members is permitted or required under this Agreement or any applicable Preferred Securities Designation, such vote, consent or approval may be given at a meeting of Members or by written consent.

  • Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to such terms in the Amended and Restated of Limited Liability Company Agreement of the Issuer dated as of May __, 1998 (as amended, restated, supplemented or otherwise modified from time to time, the "LLC Agreement") or, if not therein defined, in the Preferred Securities Designation.