Examples of Third A&R Agreement in a sentence
A partial copy of the Members Schedule as of the date of the Third A&R Agreement showing only the aggregate number of each class of Shares held by the Members (but not any identifying information about the Persons holding any Shares (other than the Class F Preferred Shares)) was provided to the Class F Preferred Members prior to the execution of the Class F Purchase Agreement.
The Members hereby execute this Agreement for the purpose of amending and restating the Third A&R Agreement and establishing the affairs of the Company and the conduct of its business in accordance with the provisions of the Delaware Act.
This Agreement amends and restates the Third A&R Agreement in its entirety and the Parties agree that the terms and provisions of this Agreement replace the terms and provisions of the Third A&R Agreement, which is no longer in force as of the date hereof.
Beginning on the date hereof, any amounts that remain outstanding under the Third A&R Agreement or the Second A&R Agreement or the First A&R Agreement or the Original Agreement shall be treated in accordance with this Agreement and the Loan Documents.
The Series Trustees shall have, to the exclusion of any other Trustee of the Trust, all the powers 12966669/2 77 Agreements and Declarations of Trust - CSQ Third A&R Agreement and Declaration of Trust and authorities of Trustees hereunder with respect to such Series or Class, but shall have no power or authority with respect to any other Series or Class.
The Trust may employ any such person or entity in which such person is an Interested Person, as broker, legal counsel, registrar, investment 12966669/2 107 Agreements and Declarations of Trust - CGO Third A&R Agreement and Declaration of Trust adviser, administrator, distributor, transfer agent, dividend disbursing agent, custodian or in any other capacity upon customary terms.
Until Shares or Preferred Securities 12966669/2 122 Agreements and Declarations of Trust - CGO Third A&R Agreement and Declaration of Trust of a Series are issued, as to that Series the Trustees may exercise all rights of Shareholders and may take any action required or permitted to be taken by Shareholders by law, this Declaration or the By-Laws.
The Trust may employ any such person or entity in which such person is an Interested Person, as broker, legal counsel, registrar, investment 12966669/2 Agreements and Declarations of Trust - CSQ Third A&R Agreement and Declaration of Trust adviser, administrator, distributor, transfer agent, dividend disbursing agent, custodian or in any other capacity upon customary terms.
The Series Trustees shall have, to the exclusion of any other Trustee of the Trust, all the powers 12966669/2 44 Agreements and Declarations of Trust - CHY Third A&R Agreement and Declaration of Trust and authorities of Trustees hereunder with respect to such Series or Class, but shall have no power or authority with respect to any other Series or Class.
You and we now wish to amend and restate the Third A/R Agreement to incorporate prior amendments thereto and to make further amendments.