Series A-1 Holders definition
Examples of Series A-1 Holders in a sentence
If the Company does not enter into an agreement for the sale of the New Shares within such period, or if such agreement is not consummated within thirty (30) days of its execution, the right provided under this Section 3.1 shall be revived and the New Shares shall not be offered unless first reoffered to the Series A-1 Holders in accordance with subsections (a) through (d) of this Section 3.1.
So long as the Series A-1 Preferred Units are held in book-entry form with the Series A-1 Transfer Agent, the Series A-1 Redemption Price shall be paid by the Partnership through the Series A-1 Transfer Agent to the Series A-1 Holders on the Series A-1 Redemption Date; provided that, at any time the General Partner is acting in the capacity of the Series A-1 Transfer Agent, the Series A-1 Redemption Price shall be paid by the Partnership directly to the Series A-1 Holders on the Series A-1 Redemption Date.
The observance of any provision of this Agreement that is for the specific benefit of the Series A-1 Holders may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval or other action to be given or taken specifically by the Series A-1 Holders pursuant to this Agreement may be given or taken by, the consent of holders of record of a majority of the shares of the Series A-1 Preferred Stock then held by Series A-1 Holders.
The Company hereby grants to the holders of then-outstanding Series A-1 Senior Preferred Shares (each, a “Series A-1 Holder”) and the holders of then-outstanding Series A Preferred Shares (each a “Series A Holder” and together with the Series A-1 Holders, the “Preferred Holders”) a right to purchase up to its pro rata shares of any New Securities that the Company may, from time to time, propose to sell or issue to any person or entity.
If any date on which payment, performance, consent, approval or other action is due by either party hereunder falls on a day other than a Business Day, such payment, performance, consent, approval or other action shall be deemed timely if made, given or taken on the next succeeding Business Day.
Additionally, any cash payment to Series A-1 Holders pursuant to this paragraph shall be subject to the limitations contained in the Partnership’s senior bank credit facility and in any other agreements governing the Partnership’s indebtedness.
Any funds deposited with the Series A-1 Transfer Agent hereunder by the Partnership for any reason, including redemption of Series A-1 Preferred Units, that remain unclaimed or unpaid after two years after the applicable Series A-1 Redemption Date or other payment date, shall be, to the extent permitted by law, repaid to the Partnership upon its written request, after which repayment the Series A-1 Holders entitled to such redemption or other payment shall have recourse only to the Partnership.
Subject to Sections 5 and 7 of this Exhibit A-1P, the Series A-1 Holders shall not be entitled to any distributions, whether payable in cash, property, or securities, in excess of the Series A-1 Distributions, as herein provided, on the Series A-1 Preferred Units.
So long as the Series A-1 Transfer Agent shall have been appointed and is serving, payments and communications made by the Partnership to Series A-1 Holders shall be made by making payments to, and communicating with, the Series A-1 Transfer Agent.
The Company, the requisite Series A1 Holders, the requisite Series A2 Holders, each Purchaser and the Common Holders have executed and delivered the Amended and Restated Voting Agreement of even date herewith among the Company, the Series A1 Holders, the Series A2 Holders, the Purchasers and the Common Holders substantially in the form attached hereto as Exhibit F (the “Voting Agreement”).