Examples of Series B COD in a sentence
The board of directors of Parent has determined that the A&R Series A COD and the Series B COD and the filing thereof with the Secretary of State of the State of Delaware has been approved and is in the best interests of Parent, and has recommended that the requisite stockholders of Parent approve the A&R Series A COD and the Series B COD, and such approval has not been amended, rescinded or modified.
The Series B Preferred Mandatory Monthly Distributions remain in effect until the first to occur of the following events: • The monthly record date immediately prior to our dissolution under Section 5.1.1 of the Operating Agreement; or • The Closing of a Change of Control Merger or Consolidation as defined in Section 4.4.2 of the Series B COD.
The stockholders of Parent whose consent is necessary to approve the A&R Series A COD and the Series B COD and the filing thereof have so consented to and approved the A&R Series A COD and the Series B COD and the filing thereof.
In addition, in order to amend the Series B COD, such amendment must first be approved by the Board and must then be approved by a majority of the Series B Preferred Units who are present (by person or proxy) at a duly called and held meeting at which a quorum is present, or by the written consent executed by a majority in interest of the outstanding Series B Preferred Units.
The CPAs will also deduct amounts owed to Series B Preferred Unit holders under Section 10.1 of the Series B COD, see Question 1.7. The CPAs will then divide the total value of all classes of Units by the total number of Units then outstanding, excluding any Units owned by our wholly-owned subsidiary.
Subject to the rights of the Series B Preferred Units in the Series B COD and the Operating Agreement, the Board can issue additional classes of Units and/or series of Preferred Units with rights senior to those of the Series B Preferred Units.
Notwithstanding that the Operating Agreement provides that the Company’s Preferred Units have the right to vote as a separate class on any merger, consolidation or dissolution of the Company, the Certificate of Designations for the Series B Preferred Units provides that the Series B Preferred Units do not have the right as a separate class (or with other series of Preferred Units) to vote on any merger, consolidation or dissolution of the Company (see Section 6.1 of the Series B COD).
If the proposed Change of Control transaction does not occur for any reason, all exercised Change of Control Put Rights shall be automatically voided as provided in the Series B COD.
A Change of Control of Voting Securities is defined in Section 5.1 of the Series B COD, but essentially means that there has been a shift in voting power of more than 50% of the Company’s outstanding voting securities in a transaction or a series of transactions, except in connection with the Company’s (or any subsidiary of the Company) acquisition of Units or Preferred Units as part of the Company’s repurchase program of Units and Preferred Units, or pursuant to put rights in any CODs of the Company.
In this model, the shrinkage is = 55.8- 54.7= 1.1 It’s a mere shrinkage of 1.1 that suggests that if the model were derived from the population rather than a sample it would account for approximately 1.1% less variance in the outcome.