Examples of Series 2 Holder in a sentence
The Series 2 Stockholders, any Series 2 Holder, and any Transferee are collectively referred to herein as the "Investor Group" and, individually, an "Investor." Capitalized terms used and not otherwise defined herein have the respective meanings ascribed thereto in Article X.
The Company will not include in any Demand Registration any securities which are not Registrable Securities without the written consent of the Series 2 Holder making such Demand Registration request.
Any Series 2 Holder requesting a Demand Registration pursuant to Section 1.1 of this Agreement will have the right to select the underwriters and the managing underwriters to administer a Demand Registration and such underwriters and managing underwriters shall be reasonably acceptable to the Company.
In the event of any Liquidation Distribution, each Series 2 Holder shall be entitled to receive before any amount shall be paid by the Corporation or any assets of the Corporation shall be distributed to registered holders of shares ranking as to capital junior to the Series 2 Shares in connection with the Liquidation Distribution, an amount equal to the stated capital per share of all Series 2 Shares held by such holder, together with an amount equal to all accrued but unpaid cumulative dividends thereon.
Except as otherwise provided herein, the provisions of this Agreement may not be amended, modified or supplemented, and waivers or consents to departure from the provisions hereof may not be given unless Company has obtained the written consent of each initial Series 1 Holder and initial Series 2 Holder affected thereby.
At any time following a Tax Event, the Partnership may, without the consent of any Series 2 Holder, vary the terms of the Series 2 Preferred Units such that they remain securities, or exchange the Series 2 Preferred Units with new securities, which would eliminate the substantial probability that the Partnership or any Successor Entity would be required to pay any Additional Amounts with respect to the Series 2 Preferred Units as a result of a Change in Tax Law.
The Series 2 Preferred Units represent perpetual interests in the Partnership and shall not give rise to a claim by the Partnership or a Series 2 Holder for conversion or, except as set forth in Section 2(B)(d) to this Part III of Schedule A, redemption thereof at a particular date.
Before exercising its rights hereunder, a Series 2 Holder shall give the Company not less than ten (10) days’ (but not more than 20 days’) notice in writing of such conversion setting out the date on which the conversion is to take place, and the number of Series 2 Preferred Shares to be converted.
Nothing herein shall limit a Series 2 Holder’s right to pursue actual damages for the Corporation’s failure to deliver certificates representing shares of Common Stock upon conversion within the period specified herein and such Series 2 Holder shall have the right to pursue all remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.
If the Corporation elects not, or is unable, to make such a cash payment, the Series 2 Holder shall be entitled to receive, in lieu of the final fraction of a share, one whole share of Common Stock.