Examples of Series D Securities in a sentence
The last paragraph of Section 11.1 of the Indenture is hereby amended and restated in its entirety as follows: Subject to Section 3.1, the Series A Securities, the Series B Securities, the Series C Securities and the Series D Securities shall be treated as one class for all purposes under this Indenture, including, without limitation, redemptions hereunder.
The last sentence of the first paragraph of Section 3.5 of the Indenture is hereby amended and restated in its entirety as follows: Such Security Register shall distinguish between Series A Securities, Series B Securities, Series C Securities and Series D Securities.
The aggregate principal amount of Series C Securities which may be authenticated and delivered under this Indenture for original issue is limited to $50,000,000, and the aggregate principal amount of Series D Securities which may be authenticated and delivered under this Indenture for original issue is limited to $50,000,000.
The Series C Securities and the Series D Securities shall be considered collectively to be a single class for all purposes of this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase.
The Company and the Investor entered into that certain Series D Securities Purchase Agreement, dated as of April 4, 2008 (the “Agreement”), and the parties hereto desire to amend the Agreement as set forth herein.
Such request from the Company shall specify the principal amount of the Series D Securities to be authenticated and the date on which the Series D Securities are to be exchanged for an equal principal amount of Series C Securities.
Upon any such issuance, the Trustee is required to register such certificated Series D Securities in the name of, and cause the same to be delivered to, such Person or Persons (or the nominee of any thereof).
If other than an individual, such Investor also represents such Investor has not been organized for the purpose of acquiring the Series D Securities.
The Trustee shall authenticate (i) Series C Securities for original issue in the aggregate principal amount of $25,000,000 and (ii) Series D Securities from time to time for issue only in exchange for a like principal amount of Series C Securities, in each case upon receipt of a written order of the Company in the form of an Officers' Certificate.
Such Investor is experienced in evaluating and investing in private placement transactions of securities of companies in a similar stage of development and acknowledges that such Investor can bear the economic risk of such Investor’s investment for an indefinite period of time, and has such knowledge and experience in financial and business matters that such Investor is capable of evaluating the merits and risks of the investment in the Series D Securities.