SERIES A-1 definition

SERIES A-1 or "SERIES A-1 EQUIPMENT NOTES" means Equipment Notes issued under the Trust Indenture and designated as "Series A-1" thereunder, in the Original Amount and maturities and bearing interest as specified in Schedule I to the Trust Indenture under the heading "Series A-1."

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SERIES A-1 or "Series A-1 Equipment Notes" means Equipment Notes ---------- -------------------------- issued hereunder and designated as "Series A-1", in the original principal amount and maturities and bearing interest as specified in Exhibit B-1.

SERIES A-1. A-2 EARN-OUT AMOUNT" shall have the meaning set forth in Section 1.▇(▇)(▇▇▇).

Examples of SERIES A-1 in a sentence

• The issuance of the Series A-1 is duly authorized and upon issuance in accordance with the terms of the Transaction Documents shall be validly issued, fully paid and non-assessable and free from all taxes, liens, charges and other encumbrances with respect to the issue thereof.

• Capitalized words and terms used and not defined herein have the meaning given them in the Exchange Letter and SPA, as applicable, and, if not defined therein, in the Series B or Series A-1, as applicable.

• No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in the case of an amendment, by the Company and the Purchasers of a majority of the then outstanding Series A-1 or, in the case of a waiver, by the party against whom enforcement of any such waived provision is sought.

• The execution and delivery of this Agreement by the Company and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary action on the part of the Company and no further action is required by the Company, the Board of Directors of the Company, including, without limitation, the issuance of the Series A-1 and the Underlying Shares, as the case may be, and the reservation for issuance and issuance of the Underlying Shares.

• Each Purchaser shall deliver, via wire transfer, immediately available funds equal to the Purchase Price for its Securities as set forth herein, and the Company shall deliver to each Purchaser the number of Series A-1 and the Warrants specified opposite its name on the signature page of this Agreement on the Closing Date, and the Company and the Purchasers shall deliver the other items set forth in Section 2.2 deliverable on the Closing Date.

More Definitions of SERIES A-1

SERIES A-1 or "Series A-1 AFE Trust Notes" means AFE Trust Notes ---------- -------------------------- issued hereunder and designated as "Series A-1", in the original principal amount and maturities and bearing interest as specified in Exhibit D-1.

SERIES A-1. STOCKHOLDERS: SERIES B-1 STOCKHOLDERS: Bech▇▇▇ ▇▇▇erprises Holdings, Inc. SANDLER CAPITAL PARTNERS IV, L.P. ▇▇▇▇▇▇▇ ▇▇▇ITAL PARTNERS IV, FTE, L.P. By: /s/ Robe▇▇ ▇▇▇▇ By: Sandler Investment Partners, L.P., the General Partner ---------------------------- By: Sandler Capital Management, the General Partner Robe▇▇ ▇▇▇▇ ▇▇RIES A-2 STOCKHOLDERS: By: MJDM Corp., a General Partner Bech▇▇▇ ▇▇▇erprises Holdings, Inc. By: /s/ Edwa▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------- By: /s/ Robe▇▇ ▇▇▇▇ Edwa▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ---------------------------- President Robe▇▇ ▇▇▇▇ HIGHLAND CAPITAL PARTNERS IV LIMITED PARTNERSHIP By: Highland Management Partners IV, LLC, its General Partner By: /s/ W. Crousbeck ------------------------------- Name: W. Crousbeck ----------------------------- Title: Managing Member, G.P. -----------------------------

SERIES A-1 or "SERIES A-1 SECURED CERTIFICATES" means Secured Certificates issued and designated as "Series A-1" hereunder, in the Principal Amount and maturities and bearing interest as specified in Schedule I to the Trust Indenture under the heading "Series A-1."

SERIES A-1 means the Series A-1 Convertible Redeemable Preferred Stock of the Company.

SERIES A-1. A-2 EARN-OUT PERCENTAGE" shall mean that Series A-1/A-2 Earn-Out Percentage referenced beside a Selling Stockholder's or Surrendering Series A-1 Optionee's name on Consideration Schedules C through I, as applicable.

SERIES A-1. A-2 EARN-OUT PREFERENCE" shall have the meaning set forth in Section 1.4(d)(ii). (pppppp) "SERIES A-1/A-2 REMAINING PREFERENCE AMOUNT" shall have the meaning set forth in Section 1.4(d)(ii).