Series A Preferred Units. (a) The authorized number of Series A Preferred Units shall be unlimited. Series A Preferred Units that are purchased or otherwise acquired by the Partnership shall be cancelled.
Series A Preferred Units. Such Investor is the holder (record or beneficial) of, and has the right to vote and dispose of, all of the Series A Preferred Units set forth opposite such Investor’s name under the heading “Series A Preferred Units” on Schedule I hereto.
Series A Preferred Units. 71 Section 16.1.
Series A Preferred Units. (i) For so long as the Five Points Members hold or own at least 25% of the Series A Preferred Units (including, for this purpose, Common Units into which the Series A Preferred Units have been converted) held or owned by them on the Prior Effective Date, then the Company and its Subsidiaries shall not engage in or modify any purchase or sale of assets with the Keystone Member or its Affiliates (other than the issuance of New Securities or the issuance of Units pursuant to the Call Option in each case in compliance with this Agreement) without the prior written consent of the holders of a majority of the Series A Preferred Units (or Common Units into which the Series A Preferred Units have been converted) then still held by such Five Points Members.
Series A Preferred Units. There is hereby created a class of Units designated as “Series A Participating Preferred Units” (the “Series A Preferred Units”), which may be issued by the Company as Full-Voting Series A Preferred Units (the “Full-Voting Series A Preferred Units”) or Reduced-Voting Series A Preferred Units (the “Reduced-Voting Series A Preferred Units”). All Series A Preferred Units granted or awarded pursuant to any Company Plan shall be Reduced-Voting Series A Preferred Units (except, with respect to any such Series A Preferred Units, as otherwise expressly authorized by the Board and set forth in the Company Plan (or grant or award agreement in respect thereof) pursuant to which such Series A Preferred Units are issued). Except as otherwise provided herein, including Section 5.9 and Annex 1 hereto, or any other Company Plan (or related grant or award agreement) or as approved by the Board, each Reduced-Voting Series A Preferred Unit shall be identical to the Full-Voting Series A Preferred Units in all respects and shall entitle the holder thereof to the rights, interests, preferences and privileges of a holder of a Full-Voting Series A Preferred Unit as set forth herein (other than the Reduced-Voting Series A Preferred Units shall have not equivalent voting rights as the Full-Voting Series A Preferred Units).
Series A Preferred Units. The Company hereby authorizes the issuance of an unlimited number of Series A Preferred Units, 90,000,000 of which are outstanding on the date hereof, as set forth on the Members and Option Holders Schedule (as in effect on the date hereof).
Series A Preferred Units. After giving effect to the transactions contemplated hereby, all of the Series A Preferred Units will be duly authorized, validly issued, fully paid (to the extent required by the applicable Charter Documents), and nonassessable (except as such nonassessability may be affected by matters described in Sections 17-303, 17-607 and 17-804 of the Delaware LP Act) and will be free and clear of any Liens, other than restrictions on transfer under the Partnership Agreement, the Delaware LP Act, or applicable state and federal securities Laws, and Liens created by the Purchasers. As of the date hereof, there are no Equity Securities of the Partnership that are, or after giving effect to the issuance of the Series A Preferred Units at the Closing, would be senior to or pari passu with, in right of distribution, the Series A Preferred Units.
Series A Preferred Units. (a) Upon the first Closing Date pursuant to the Securities Purchase Agreement, the General Partner will contribute the net proceeds received in consideration of its issuance of the Series A Preferred REIT Shares to the Partnership.
Series A Preferred Units. The Holders of Series A Preferred Units are (i) entitled to participate in distributions as provided in Section 5 and to such other voting, distribution and participation rights set forth in this Agreement, (ii) subject to repurchase and exchange only in accordance with Section 4.6 of this Agreement, and (iii) convertible into Common Units at the option of the Holder in accordance with Section 4.7. Without the consent of Members holding a majority of the outstanding Series A Preferred Units, the Company shall not issue any Series A Preferred Unit other than those specified in this Section 4.1 and shall not undertake any Company Membership Interest Division of the Series A Preferred Units.
Series A Preferred Units. Pending the closing of such Qualified IPO, the Company’s outstanding Series A Preferred Units will be converted into shares of preferred stock of the Visalus Corporation having the same designations preferences, privileges or powers and relative, participating, optional or other special rights or qualifications, limitations or restrictions as those applicable to the Series A Preferred Units (other than as to matters that reflect inherent differences between corporate and limited liability company form) and upon the closing of such Qualified IPO, shall be converted common stock of the Visalus Corporation (“Common Stock”), mutatis mutandis, on the terms set forth in Sections 3.3 and 3.4 as if the Series A Preferred Units were converted into Common Units immediately prior to the conversion of the Company.
