Existing Securities. Class:____________________________ Number of Shares:_________________ Address: ------- __________________________________ __________________________________ __________________________________
Existing Securities. On the date PIMCO begins serving as the Fund’s sub-advisor, the Fund’s assets are expected to consist of certain securities (the “Existing Securities”) and cash investments. A list of the Existing Securities that are expected to be held by the Fund upon the commencement of PIMCO’s service as sub-advisor will be provided to the Sub-Advisor by the Advisor. The Advisor acknowledges and agrees that it may be in Trust’s and Fund’s best interest to retain the Existing Securities, but in order to comply with the investment objectives or strategies of the Fund, some or all of such assets may be liquidated at such times and in such manner as is deemed appropriate by the Sub-Advisor and the proceeds be invested in compliance with the investment objectives of the Fund. Consistent with its obligations under Section 6 of this Agreement, the Sub-Advisor will attempt to obtain “best execution” of the Fund’s sale of any Existing Securities. The Sub-Advisor will not be liable to the Advisor for the prices obtained in connection with any sale of the Existing Securities and the Advisor acknowledges that such prices may in fact be much lower or higher than the prices at which such Existing Securities are valued and/or carried in the Fund. The Sub-Advisor shall maintain a log of all Existing Securities transactions placed through all securities brokerage firms including the name of the firm, a description of each transaction, the date of each transaction and where applicable, the amount of commissions paid. The Sub-Advisor shall invest the proceeds from the sale of the assets, together with any assets remaining unsold, in accordance with the Investment Guidelines of the Fund as mutually established by the Sub-Advisor and the Advisor. In the event any Existing Securities cease to be compliant with the Investment Guidelines for the Fund, the Advisor acknowledges and agrees that the Sub-Advisor may continue to hold such assets without regard to the Investment Guidelines for the Fund.
Existing Securities. Each Purchaser that is an Existing Securityholder further represents and warrants that such Purchaser (i) has good and marketable title to its Existing Securities, (ii) has the right to exchange such securities without the consent of any other Person whatsoever and (iii) upon surrender of its Existing Securities to the Company for cancellation pursuant to the Exchange Offer such securities shall be owned by the Company free and clear of any liens, charges, encumbrances, rights of first refusal or other adverse claims whatsoever. The Company acknowledges and agrees that each Purchaser does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.
Existing Securities. Class:________________________ Number of Shares:_____________ _______________________________ _______________________________ [VOTING AGREEMENT SIGNATURE PAGE] _______________________________ Xxxxxxx X. Xxxx
Existing Securities. 5 Holder...................................................................................................... 5 Indenture................................................................................................... 5
Existing Securities. Prior to the Closing, the Lender has not exercised any portion of the Warrants or exercised any of its conversion rights under the Existing Convertible Notes, and has not assigned, transferred, participated or otherwise disposed of any of its right, title or interest in the Warrants or the Existing Convertible Notes.
Existing Securities. Class:_________________________ Number of Shares:______________ _______________________________ _______________________________ [VOTING AGREEMENT SIGNATURE PAGE] MONROE & COMPANY, LLC By:____________________________ Name: Title: Existing Securities: ------------------- Class:_________________________ Number of Shares:______________ _______________________________ _______________________________ JLM MANAGEMENT COMPANY, LLC By:____________________________ Name: Title: Existing Securities: ------------------- Class:_________________________ Number of Shares:______________
Existing Securities. The Lender has not assigned, transferred, participated or otherwise disposed of any of its right, title or interest in the Notes.
Existing Securities. 1. Pledge of the current and future claims which the Borrower owns or shall own to CBC Banque for its accounts No. 000-0000000-84 and its sub-accounts in accordance with a private agreement dated February 9, 2000. It is noted, with respect to the credit line defined in point A of Article 4, that: . the minimum amount pledged is set at 40% of the amount of the guarantees issued by the Banks and not yet released; . the minimum amount pledged may never, however, be less than the outstanding amount of the performance guarantees. This account shall bear interest at the borrowing rate of CBC-Banque in the relevant currency for the amounts and term to be agreed on, minus 0.25% per year.
Existing Securities. The Company has sold to you 500,000 shares of its 12% Senior Redeemable Preferred Stock (the "Senior Preferred Stock") and warrants to purchase up to 1,346,788 Shares of its Common Stock (the "Warrants") pursuant to that certain Securities Purchase Agreement dated as of March 27, 1996, by and between you and the Company.
