No Class. E Unit shall be entitled to any Class E Yield accruing after the date on which the Class E Redemption Price for such Class E Unit is paid in full to the holder thereof. Upon payment in full of the Class E Redemption Price with respect to any Class E Unit pursuant to this Section 7.4, all rights of the holder of such Class E Unit shall cease with respect to such Class E Unit, and such Class E Unit shall be deemed cancelled and no longer outstanding as of the date of payment in full of the Class E Redemption Price with respect to such Class E Unit.
No Class. A Holder may pledge Shares except to a Person that is a bona fide financial institution. Prior to the consummation of a pledge of Shares by a Class A Holder, such Class A Holder shall deliver, or shall cause such prospective pledgee to deliver, an acknowledgment that such pledgee has examined the legend set forth in Section 2.8(a) and understands and agrees that any rights it has with respect to the Shares are subject to those of the Company set forth in this Agreement, including agreeing that (i) no foreclosure on such Shares shall be effected except as permitted by, and in accordance with, the terms of this Agreement, and (ii) under no circumstances shall such pledgee be entitled to exercise voting rights, consent rights or disapproval rights with respect to such Shares, except for the right to vote as a holder of shares of Common Stock if such pledgee owns such Shares after a foreclosure conducted in accordance with the terms hereof.
No Class. A Stockholders shall disclose this --------------- Amendment and Waiver nor any of its items of substance, directly or indirectly, to any other person (including, without limitation, lenders, underwriters, placement agents, or advisors or any similar persons) except (a) to the officers, agents and advisors of such Class A Stockholders who are directly involved in the consideration of this matter, (b) as may be compelled in a judicial or administrative proceeding or as otherwise required by law (in which case the Class A Stockholders shall promptly inform the Company thereof), or (c) as otherwise permitted with the prior written consent of the Company or New ARAMARK. To the extent that the Class A Stockholders inform their officers, agents and advisors in accordance with the foregoing, such persons shall be informed of the confidential nature of such information and the relevant Class A Stockholder shall be liable for any breach of this agreement by such person.
No Class. A-1AR Draw Request may be made after the Mandatory Class A-1AR Draw Date.
No Class. A Preferred Unit (or any rights with respect thereto) shall be Transferred without the consent of the Holders’ Committee and, solely in the case of any holder of Class A Preferred Units other than DSO or a Related Party of DSO, the General Partner; provided, that any such consent shall not be unreasonably withheld with respect to a request to Transfer Class A Preferred Units in accordance with this Section 12. Any attempted Transfer that is not made in compliance with this Section 12 shall be void ab initio.
No Class. A-1 Certificate shall be entitled to any benefit under this Trust Agreement or under the Pooling Agreement or be valid or obligatory for any purpose, unless there appears attached to such Class A-1 Certificate a certificate of authentication substantially in the form provided for herein executed by the Owner Trustee by the manual signature of one of its authorized signatories, and such certificate attached to any Class A-1 Certificate shall be conclusive evidence, and the only evidence, that such Class A-1 Certificate has been duly authenticated and delivered hereunder. Subject to Section 3.8, the Class A-1 Certificates shall initially be delivered as Definitive Securities.
No Class. 13 Nonvoting stock of the Company owned by Xxxxx family shareholders shall be offered to any third party subsequent to the death of Xxxxxxx X. Xxxxx unless otherwise mutually agreed upon in writing by the Company and Stockholder. In the absence of any such agreement, such stock shall be purchased by the Company under the terms of paragraph "4.b." of this Agreement, immediately below.
No Class. A Voting Member may Assign all or any part of its Membership Interest in the Company to a Person unless either (i) the Managing Member consents thereto in writing prior to such Assignment or (ii) the Assignee is a Qualified Institutional Buyer who is a Qualified Purchaser as evidenced by its execution of the Investor Questionnaire attached hereto as Exhibit A, and, in either case (x) the Assignee expressly agrees in writing to be bound by the terms and conditions hereof by executing a counterpart to this Agreement or any other document or instrument acceptable to the Managing Member, and (y) such Class A Voting Member also Assigns to such Assignee all or a corresponding pro rata number of the shares of DFRM Common Stock owned by such Class A Voting Member. Any Assignee of any Class A Voting Member admitted to the Company (a "Substituted Member") will succeed to all rights and be subject to all the obligations of the Assignor Member with respect to the Membership Interest to which the Assignee Member was substituted.
No Class. A Partner shall have any right to demand the return of its Capital Contribution other than upon dissolution of the Partnership pursuant to Article VIII. The General Partner shall have no personal liability to the Class A Limited Partners for the return of their Capital Contributions or repayment of any loans they may make to the Partnership, and shall be under no obligation to distribute any amount to the Class A Partners, unless, prior thereto, all liabilities of the Partnership to Persons other than Partners shall have been paid or, in the good faith determination of the General Partner, there shall remain in the Partnership, following the distribution, property sufficient to pay such liabilities.
No Class. A Voting Member may Assign all or any part of its Membership Interest in the Company to a Person unless (i) the Managing Member consents thereto in writing prior to such Assignment, (ii) the Assignee is a Qualified Institutional Buyer, (iii) the Assignee expressly agrees in writing to be bound by the terms and conditions hereof by executing a counterpart to this Agreement or any other document or instrument acceptable to the Managing Member and (iv) such Class A Voting Member also Assigns to such Assignee all or a corresponding PRO RATA number of the shares of DFRM Common Stock owned by such Class A Voting Member. Any Substituted Member admitted to the Company will succeed to all rights and be subject to all the obligations of the Assignor Member with respect to the Membership Interest to which the Assignee Member was substituted.
