Common use of Additional Issuances Clause in Contracts

Additional Issuances. The Trust may carry out additional Issuances of the real estate trust certificates (certificados bursátiles fiduciarios inmobiliarios) (the “Additional CBFIs”), public or private, inside or outside Mexico, pursuant to articles 61, 62, 63, 63 Bis 1, 64, 64 Bis 1, 68 and other applicable articles of the LMV (each, an “Additional Issuance”), pursuant to and in accordance with the prior written instructions of the Manager, with the prior approval of the Ordinary Holders Meeting. The Ordinary Holders Meeting shall approve the terms of such Additional Issuance including the price of the Additional CBFIs issued. The Original CBFIs issued by the Trustee in the Initial Issuance and the Additional CBFIs issued by the Trustee in any Additional Issuance in accordance with this Section 3.2 (collectively, the "CBFIs") shall be subject to the same terms and conditions and shall grant their Holders the same rights (so that such Holders will be represented in the same Holders Meetings), and there shall be no subordination whatsoever among the CBFIs issued by the Trustee in accordance with public or private Issuances. Consequently, Distributions made to the Holders of CBFIs issued in the Initial Issuance and in any Additional Issuances shall be made on a pro rata basis and with the same priority, without any Issuance taking precedence over another. In the event an Additional Issuance is made on the terms of this Agreement, the Trustee shall make a registration update in the RNV pursuant to the CNBV Regulations.

Appears in 2 contracts

Samples: www.fibramacquarie.com, static.macquarie.com

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Additional Issuances. The Trust may carry out additional Issuances of the real estate trust certificates (certificados bursátiles fiduciarios inmobiliarios) (the “Additional CBFIs”), public or private, inside or outside Mexico, pursuant to articles 61, 62, 63, 63 Bis 1, 64, 64 Bis 1, 68 and other applicable articles of the LMV (each, an “Additional Issuance”), pursuant to and in accordance with the prior written instructions of the Manager, with the prior approval of the Ordinary Holders Meeting. The Ordinary Holders Meeting shall approve the terms of such Additional Issuance including the price of the Additional CBFIs issued. The Original CBFIs issued by the Trustee in the Initial Issuance and the Additional CBFIs issued by the Trustee in any Additional Issuance in accordance with this Section 3.2 (collectively, the "CBFIs") shall be subject to the same terms and conditions and shall grant their Holders the same rights (so that such Holders will be represented in the same Holders Meetings), and there shall be no subordination whatsoever among the CBFIs issued by the Trustee in accordance with public or private Issuances. Consequently, Distributions (in cash or in CBFIs, as provided by Article XII of this Agreement) made to the Holders of CBFIs issued in the Initial Issuance and in any Additional Issuances shall be made on a pro rata basis and with the same priority, without any Issuance taking precedence over another. In the event an Additional Issuance is made on the terms of this Agreement, the Trustee shall make a registration update in the RNV pursuant to the CNBV Regulations.

Appears in 2 contracts

Samples: www.fibramacquarie.com, www.fibramacquarie.com

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Additional Issuances. The Trust may carry out additional Issuances Company shall have the right, at any time and from time to time, before the date of filing the registration statement pursuant to Section 2(a) of the real estate trust certificates (certificados bursátiles fiduciarios inmobiliarios) (the “Additional CBFIs”), public Registration Rights Agreement to sell additional Units to one or private, inside or outside Mexico, pursuant to articles 61, 62, 63, 63 Bis 1, 64, 64 Bis 1, 68 and other applicable articles of the LMV (each, an “Additional Issuance”), pursuant to and in accordance with the prior written instructions of the Manager, with the prior approval of the Ordinary Holders Meeting. The Ordinary Holders Meeting shall approve the terms of such Additional Issuance including the price of the Additional CBFIs issued. The Original CBFIs issued more additional purchasers as determined by the Trustee in the Initial Issuance and the Additional CBFIs issued by the Trustee in any Additional Issuance in accordance with this Section 3.2 (collectively, the "CBFIs") shall be subject to Company on the same terms set forth in this Agreement, provided, however, that any such additional purchaser must meet the reasonable satisfaction of the Majority Holders (as defined below). Any additional purchaser so acquiring shall be considered a "Purchaser" for purposes of this Agreement and conditions securities so acquired by such additional Purchaser shall be considered Preferred Stock, Warrants, Conversion Shares, Warrant Shares and Securities, as applicable, for purposes of this Agreement. Each Purchaser acknowledges that each such additional purchaser shall become a party to and shall grant their Holders execute counterpart copies of the same rights (so that such Holders will be represented in the same Holders Meetings)Registration Rights Agreement, and there in such event shall be no subordination whatsoever among the CBFIs issued by the Trustee in accordance with public or private Issuances. Consequently, Distributions made entitled to the Holders of CBFIs issued in rights and have the Initial Issuance and in any Additional Issuances shall be made on a pro rata basis and with the same priority, without any Issuance taking precedence over anotherobligations conferred thereby. In the event an Additional Issuance is made on the terms of that additional Purchasers become parties to this Agreement, the Trustee Schedule of Exceptions may be revised by the Company to reflect additional information and/or subsequent events, provided, however, that nothing contained in a revised Schedule of Exceptions shall make a registration update in affect the RNV Company's liability to the Purchasers or the Purchasers' rights hereunder. Each party hereto consents to such subsequent sales pursuant to this Section 1(d). Notwithstanding the CNBV Regulationsforegoing, in no event shall the Company offer or sell any Units or take any other action which would prevent the use of the exemption from securities registration afforded by the provisions of Rule 506 of Regulation D with respect to any of the Securities offered hereby or require registration of any of such Securities under the Securities Act, nor shall the exercise by the Company of its rights under this Section 1(d) be permitted in any way to delay or jeopardize the ability of the Company to obtain the Stockholder Approvals (as defined below).

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lifepoint Inc), Securities Purchase Agreement (Lifepoint Inc)

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