Examples of Additional Preferred Securities in a sentence
Any and all references to the "Common Securities" in the Agreement shall be deemed to refer to the Additional Preferred Shares, and all references to "Securities" in the Agreement shall be deemed to refer to the Preferred Securities and Additional Preferred Securities.
Subject to the terms and conditions of this Subsection 5.5 and applicable securities laws, and for so long as a Purchaser (along with its Affiliates) owns at least 50% of the aggregate number of Preferred Shares issued to such Purchaser and its Affiliates at the Closing (or the Common Stock issued upon conversion thereof), if the Company proposes to offer or sell any Additional Preferred Securities, the Company shall first offer such Additional Preferred Securities to each Purchaser.
A Purchaser shall be entitled to (i) apportion or assign the right of first offer to purchase any Additional Preferred Securities hereby granted to it (the “Right of First Offer”) in such proportions as it deems appropriate, among itself, its Affiliates and to any other Purchaser.
The Company shall be required to give an additional Offer Notice to each Purchaser if, at any time following the delivery of the first Offer Notice, there is any alteration of the material terms upon which it proposes to offer such Additional Preferred Securities (including but not limited to a reduction in the proposed conversion price).
The closing of any sale pursuant to this Subsection 5.5(b) shall occur within the later of ninety days of the date that the Offer Notice is given and the date of initial sale of Additional Preferred Securities pursuant to Subsection 5.5(c).
If the Company does not enter into an agreement for the sale of the Additional Preferred Securities within such period, or if such agreement is not consummated within ninety (90) days of the execution thereof, the right provided hereunder shall be deemed to be revived and such Additional Preferred Securities shall not be offered unless first reoffered to the Purchasers in accordance with this Subsection 5.5.
The Company shall give notice (the “ Offer Notice”) to each Purchaser, stating (i) its bona fide intention to offer such Additional Preferred Securities, (ii) the number of such Additional Preferred Securities to be offered, and (iii) the price and terms, if any, upon which it proposes to offer such Additional Preferred Securities.
The Firm Preferred Securities and any Additional Preferred Securities which the Underwriters may elect to purchase shall be delivered to you for the accounts of the several Underwriters registered in the name of Cede & Co., as nominee for the Depository Trust Company, against payment of the purchase price therefor in immediately available funds.
The place of closing for any Additional Preferred Securities and the Option Closing Date for such Additional Preferred Securities may be varied by agreement between you and the Offerors.
Further Issuances Additional Preferred Securities may be issued under the Preferred Securities Indenture from time to time in such aggregate principal amount as Mosaic determines in its discretion.