Examples of VMTP Purchase Agreement in a sentence
Any remaining proceeds from the sale of the VMTP Shares may be used for any purpose permitted under the Declaration, By-Laws and Original VMTP Purchase Agreement.
The designation of the RVMTP Shares has been duly authorized and, when issued upon payment therefor by the Purchaser in connection with the VMTP Purchase in accordance with the Original VMTP Purchase Agreement, the VMTP Shares were validly issued by the Fund and fully paid and nonassessable.
The Purchaser represents and acknowledges that it is the Designated Owner of 100% the RVMTP Shares, having acquired from its affiliates, the other Original VMTP Purchasers, all interests in the RVMTP Shares that were purchased from the Fund pursuant to the Original VMTP Purchase Agreement; therefore, approval by the Original VMTP Purchasers of this Agreement is not required.
The designation of the Original RVMTP Shares has been duly authorized and, when issued upon payment therefor by the Purchaser in connection with the VMTP Purchase in accordance with the Original VMTP Purchase Agreement, the VMTP Shares were validly issued by the Fund and fully paid and nonassessable.
The Purchaser represents and acknowledges that it is the Designated Owner of 100% the Original RVMTP Shares, having acquired from its affiliates, the other Original VMTP Purchasers, all interests in the Original RVMTP Shares that were purchased from the Fund pursuant to the Original VMTP Purchase Agreement; therefore, approval by the Original VMTP Purchasers of this Agreement or any future actions with respect to the Original RVMTP Shares is not required.
Contemporaneously with the issuance of the MFP Shares upon consummation of the Exchange, the Fund shall, and shall cause the redemption and paying agent for the Old VMTP Shares to, cancel all of the Old VMTP Shares, and the Old VMTP Purchase Agreement shall be terminated and shall no longer be in effect (other than any provisions thereof that by their express terms survive the repayment in full of all amounts owed to the Purchaser under the Old VMTP Purchase Agreement and the Old VMTP Shares).
The Closing Date Purchaser represents and acknowledges that it is the Designated Owner of 100% the VMTP Shares, having acquired from its affiliate, WFC Holdings LLC, all interests in the VMTP Shares that WFC Holdings LLC purchased from the Fund pursuant to the Original VMTP Purchase Agreement.
On the Amendment and Restatement Date, the Issuer shall pay the fees and expenses of the Purchaser's outside counsel in connection with the negotiation and documentation of the transactions contemplated by the amendment and restatement of the VMTP Purchase Agreement by this Second Amended and Restated VMTP Purchase Agreement, but not including any other amendments, waivers or consents under or in respect of this Agreement.
On the Amendment and Restatement Date, the Issuer shall pay the fees and expenses of the Purchaser's outside counsel in connection with the negotiation and documentation of the transactions contemplated by the amendment and restatement of the VMTP Purchase Agreement, but not including any other amendments, waivers or consents under or in respect of this Agreement.
As of the date hereof, the Shareholder holds twenty-three (23) VMTP Shares issued by the Fund; and The Fund, the Shareholder, WFC Holdings, LLC and EVEREN Capital Corporation have entered into that certain VMTP Purchase Agreement dated as of September 18, 2018 (the “Purchase Agreement”), regarding the purchase of the VMTP Shares of the Fund and certain other rights and obligations of the parties thereto as set forth therein.