Examples of Series 2 Holders in a sentence
Notwithstanding Section 7.6 of this Agreement, the Company may amend this Agreement to provide such additional Purchasers with certain rights, negative covenants and other terms and conditions equivalent to those provided to the Series E Holders, Series 1 Holders and Series 2 Holders under this Agreement, with the written consent of Purchasers representing at least a majority of the voting power of all Shares then held by Purchasers.
After payment to the Series 2 Holders of the amount so payable to them, they shall not be entitled to share in any further distribution of assets of the Corporation.
Except as otherwise required by law, the holders of the Series 2 Shares shall not be entitled, as such, to receive notice of or attend or vote at any meeting of shareholders of the Corporation other than a meeting of Series 2 Holders.
For any matter described in this Section 2(B)(c) to this Part III of Schedule A in which the Series 2 Holders are entitled to vote as a series (whether separately or together with the holders of any Series 2 Parity Securities), such Series 2 Holders shall be entitled to one vote per Series 2 Preferred Unit.
Not later than 5:00 p.m., New York City time, on each Series 2 Distribution Payment Date, the Partnership shall pay those Series 2 Distributions, if any, that shall have been declared by the General Partner to Series 2 Holders on the Record Date for the applicable Series 2 Distribution.
Notwithstanding anything to the contrary in this Agreement or any duty existing at law, in equity or otherwise, to the fullest extent permitted by applicable law, neither the General Partner nor any other Indemnified Party shall owe any duties, including fiduciary duties, or have any liabilities to Series 2 Holders, other than the General Partner’s duty to act at all times in good faith.
Such guaranteed payments with respect to any Series 2 Distribution Period shall be for the account of Series 2 Holders as of the applicable Series 2 Distribution Record Date, or as otherwise reasonably determined by the General Partner.
Series 2 Holders shall be entitled to receive Series 2 Distributions from time to time out of any assets of the Partnership legally available for the payment of distributions at the Series 2 Distribution Rate per Series 2 Preferred Unit when, as, and, if declared by the General Partner.
At such adjourned meeting, the Series 2 Holders present or represented by proxy may transact the business for which the meeting was originally called and the Series 2 Holders then present or represented by proxy shall form the necessary quorum.
Notwithstanding Section 2(B)(c)(ii) to this Part III of Schedule A and Section 5.3 of Part I of Schedule A to this Agreement, no vote of the Series 2 Holders shall be required if, at or prior to the time when such action is to take effect, provision is made for the redemption of all Series 2 Preferred Units at the time Outstanding.