Preference Payment definition

Preference Payment means an amount equal to Two Million Nine Hundred Sixty-Three Thousand Six Hundred and Sixty-Six and 99/100 Dollars ($2,963,666.99), which shall be payable as follows: (a) One Million Three Hundred Sixty-Three Thousand Eight Hundred and Thirty-Three Dollars ($1,363,833.00) to the holders of Series A Convertible Preferred Stock of the Company and (b) One Million Five Hundred Ninety-Nine Thousand Eight Hundred and Thirty-Three Dollars and 99/100 ($1,599,833.99) to the holders of Series B Convertible Preferred Stock of the Company, payable to each holder in accordance with their respective Series A and B Pro Rata Portion, as required under the Company’s Second Amended and Restated Certificate of Incorporation on file with the Delaware Secretary of State.

Preference Payment means an amount per share of Company Preferred Stock payable to holders of the Company Preferred Stock outstanding immediately prior to the Effective Time equal to (a) with respect to the Series A Preferred Stock, $1.00 per share of Series A Preferred Stock outstanding immediately prior to the Effective Time, plus all accrued and unpaid dividends with respect to such share pursuant to the Charter, (b) with respect to the Series B Preferred Stock, $1.5087 per share of Series B Preferred Stock outstanding immediately prior to the Effective Time, plus all accrued and unpaid dividends with respect to such share pursuant to the Charter, (c) with respect to the Series C Preferred Stock, $2.7036 per share of Series C Preferred Stock outstanding immediately prior to the Effective Time, plus all accrued and unpaid dividends with respect to such share pursuant to the Charter and (d) with respect to the Series D Preferred Stock, $4.2359 per share of Series D Preferred Stock outstanding immediately prior to the Effective Time, plus all accrued and unpaid dividends with respect to such share pursuant to the Charter.

Preference Payment shall have the meaning set forth in Section 4.10(d).

Examples of Preference Payment in a sentence

• Given Canada’s infrastructure deficit and the concurrent national economic opportunities represented through rehabilitative and strategic investments, it is only logical that the federal government continue to lead in the renewal of Canada’s infrastructure.

• ANNEX C CERTIFICATE OF PREFERENCE PAYMENT DEMAND [Issuing Bank’s Address] Attention: [Global Loan Operations, Standby Letter of Credit Unit] Certificate of Preference Payment Demand under the Irrevocable Letter of Credit No. [ ] (the “Series 2013-A Letter of Credit”), dated [ ], issued by [ ], as the Issuing Bank, in favor of the Trustee.

• Any Credit Demand, Unpaid Demand Note Demand, Preference Payment Demand or Termination Demand may be delivered by facsimile transmission.

• If upon a Liquidation of the Corporation, the assets to be distributed among the holders of Series D Preferred Stock shall be insufficient to permit payment in full of the Liquidation Preference Payments to the holders of Series D Preferred Stock, then the holders of the Series D Preferred Stock shall share in the entire assets of the Corporation to be so distributed in proportion to the full Liquidation Preference Payment each such holder of Series D Preferred Stock would otherwise be entitled to receive.

• The Class A/B/C/D L/C Preference Payment Disbursement does not exceed the amount that is available to be drawn by the Trustee under the Class A/B/C/D Letter of Credit on the date of this certificate.

More Definitions of Preference Payment

Preference Payment means an amount payable to holders of the Company Preferred Stock outstanding immediately prior to the Effective Time pursuant to Section 4.3.1 of the Company Certificate of Incorporation equal to (a) $0.90 per share of Series A Preferred Stock plus all accrued and unpaid dividends with respect to such share, (b) $1.00 per share of Series B Preferred Stock plus all accrued and unpaid dividends with respect to such share, (c) $0.59 per share of Series C Preferred Stock plus all accrued and unpaid dividends with respect to such share and (d) $0.59 per share of Series C-1 Preferred Stock plus all accrued and unpaid dividends with respect to such share.

Preference Payment means an amount per share of Preferred Stock payable to holders of the Preferred Stock outstanding immediately prior to the Effective Time equal to (a) with respect to the Series A Preferred Stock, $2.00 per share of Series A Preferred Stock outstanding immediately prior to the Effective Time, plus all declared and unpaid dividends with respect to such share pursuant to the Company Charter, (b) with respect to the Series B Preferred ACTIVE 274341277 Stock, $3.901 per share of Series B Preferred Stock outstanding immediately prior to the Effective Time, plus all declared and unpaid dividends with respect to such share pursuant to the Company Charter, (c) with respect to the Series C Preferred Stock, $8.405 per share of Series C Preferred Stock outstanding immediately prior to the Effective Time, plus all declared and unpaid dividends with respect to such share pursuant to the Company Charter, (d) with respect to the Series D Preferred Stock, $11.52 per share of Series D Preferred Stock outstanding immediately prior to the Effective Time, plus all declared and unpaid dividends with respect to such share pursuant to the Company Charter, and (e) with respect to the Junior Preferred Stock, $4.103995 per share of Junior Preferred Stock outstanding immediately prior to the Effective Time, plus all declared and unpaid dividends with respect to such share pursuant to the Company Charter.

Preference Payment shall have the meaning set forth in Section 3.2(b). “Regulatory Allocations” shall have the meaning set forth in Section 5.6.

Preference Payment means an amount per share of Preferred Stock payable to holders of the Preferred Stock outstanding immediately prior to the Effective Time equal to (a) with respect to the Series A Preferred Stock, $2.00 per share of Series A Preferred Stock outstanding immediately prior to the Effective Time, plus all declared and unpaid dividends with respect to such share pursuant to the Company Charter, (b) with respect to the Series B Preferred

Preference Payment means any amounts that the Insured is obligated to return to the Buyeras a result of a court order, judgment or settlement in a Preference Action.

Preference Payment means any amounts received by the Target Group prior to the Closing that a member of the Target Group is ordered after the Closing to return or reimburse to another Person in accordance with an order of a bankruptcy court or other governmental authority having competent jurisdiction on the grounds that such payment constituted a preferential transfer that is voidable under applicable bankruptcy Law or any insolvency or similar Law of any jurisdiction.

Preference Payment means any amounts that the Insured is obligated to return to the Buyer as a result of a court order, judgment or settlement in a Preference Action.