Series C Articles definition
Examples of Series C Articles in a sentence
The Corporation’s right and obligation to effect the Series C Special Redemption and the Corporation’s power to effect the Series B Special Redemption shall be without regard to or compliance with any other provision set forth in the Series C Articles, including, without limitation, Section 3 [Dividends] and Section 5 [Redemption] thereof.
The Corporation’s power to effect the Exchange Offer Redemptions shall be without regard to or compliance with any other provision set forth in the Series C Articles, including, without limitation, Section 3 [Dividends] and Section 5 [Redemption] thereof.
Written notice of any such voluntary or involuntary liquidation, dissolution or winding-up of the Company, stating the payment date or dates when, and the place or places where, the amounts distributable in such circumstances shall be payable, shall be given by the Managing Member pursuant to Section 13.7 hereof but in no event later than the equivalent notices required by the Series C Articles Supplementary.
Such distributions shall be payable quarterly in arrears on the same date as the corresponding Base Dividend (as defined in the Series C Articles Supplementary) is payable to holders of record at the close of business on the record date for the corresponding Base Dividend.
When issued, sold and delivered in accordance with the terms of the Series C Articles Supplementary or the Series D Articles Supplementary, as the case may be, the Reserved Shares will be validly issued and outstanding, fully paid and nonassessable.
Upon any redemption of Series C Preferred Units pursuant to this Section 18.4, the Company shall pay in cash all accumulated, accrued and unpaid Series C Preferred Unit Distributions, whether or not earned or declared, if any, with respect to the initial Series C Preferred Distributions Period and all full Series C Preferred Distribution Periods ended prior to the Redemption Date (as determined in accordance with the Series C Articles Supplementary), without interest.
With respect to each Series C Preferred Unit Distribution Period, holders of Series C Preferred Units shall be entitled to a default distribution per Series C Preferred Unit (a “Series C Preferred Unit Default Distribution”) in an aggregate amount equal to any Default Dividend (as defined in the Series C Articles Supplementary) paid or payable on a share of Series C Preferred Stock with respect to such Series C Preferred Unit Distribution Period.
The Common Shares issuable upon conversion of the Securities have been duly authorized and, when issued upon conversion of the Securities in accordance with the terms of the Series C Articles Supplementary, will be validly issued and fully paid and non-assessable free and clear of any pledge, lien, encumbrance, security interest or other claim created by the Company.
Subject to the foregoing, and not otherwise, such dividends and distributions may be paid on Series C Preferred Units to the extent such distributions are permitted under the Series C Articles Supplementary with respect to the Series C Preferred Stock.
In the event that any provision of this Exhibit F would result in a different distribution or other payments being made to the holder of a Series C Partnership Preferred Units than to a holder of a share of Series C Preferred Stock, this Exhibit F shall be deemed automatically amended to conform to the terms of the Series C Articles Supplementary with respect to such distribution or other payment.