Class 3 Shares definition

Class 3 Shares means the number of shares of New RoomStore Common Stock to be distributed to the holders of Allowed Class 3 Claims in respect of Allowed Unsecured Claims. The number of Class 3 Shares shall be determined by dividing the aggregate amount of all Allowed Unsecured Claims as of the Initial Common Stock Distribution Date by the sum of (i) 57,900,000 and (ii) the aggregate amount of (x) all Allowed Unsecured Claims as of the Initial Common Stock Distribution Date and (y) any Disputed Unsecured Claims valued at the full amount asserted (or such lesser amount as may be estimated by the Bankruptcy Court in accordance with Article 4.7 of this Plan) with respect to each of the Disputed Unsecured Claims, and multiplying the resulting percentage by 9,835,000 (the number of shares of New RoomStore Common Stock issued to the Unsecured Claims Reserve to satisfy the Affiliated Debtor Unsecured Claim and Unsecured Claims).
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Class 3 Shares. Class 4 Shares," and "Class 5 shares" are hereby created for each such Portfolio. The Shares of any Portfolio that is hereafter created shall also be divided into Class 1, 2, 3, 4 and 5 Shares. The rights, obligations and preferences of these Shares classes of each Portfolio shall be as set forth in Sections 3. and 4. of this Amendment below, except as may otherwise be provided in any future amendments to the Declaration of Trust that may be approved by a majority of the Trust's Trustees then in office.
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Examples of Class 3 Shares in a sentence

  • Product Distributor shall not pay a Selling Broker-Dealer compensation for providing the Personal Services component of Investor Services under this Agreement in any fiscal year of the Company in excess of an amount equal to 0.25% of the average daily net assets of a Fund attributable to the Class 3 Shares supporting Contracts or Policies owned by customers of that Selling Broker-Dealer.

  • In particular, Product Distributor understands and acknowledges that the compensation paid to it by GEID is not to be used for activities primarily intended to result in the sale of Contracts and Policies unless such activities entail a sufficiently large element of promotion of the Funds and the Class 3 Shares that the activities clearly come within the definition of Sales Services in this Agreement.

  • For Class 1 Shares, the Company shall bear the costs of printing the Fund Materials for prospective Contract owners, whereas for Class 2 Shares, Class 3 Shares, and Class 4 Shares, the Fund shall bear such costs as provided for in the Distribution and Service Plan for each class.

  • CBC agrees that in providing Selling Services under this Agreement it, or a Selling Broker-Dealer, is solely responsible for all recommendations made to owners or prospective owners of Contracts or Policies regarding the Funds listed on Schedule A and their Class 2 Shares, Class 3 Shares or Class 4 Shares, including all suitability determinations made in connection with such recommendations.

  • GEID and CBC agree that the Participation Agreement between each Insurer, GEID and the Company shall govern the purchase, exchange or redemption of Class 2 Shares, Class 3 Shares and Class 4 Shares of the Funds listed on Schedule A by each Insurer for its separate accounts.

  • Consequently, GEID, the Company, the Funds listed on Schedule A, and their agents and affiliates may rely conclusively on any purchase or redemption order for Class 2 Shares, Class 3 Shares or Class 4 Shares received from an Insurer pursuant to a Participation agreement.

  • In furtherance of its duties under this Agreement, GEID may enter into agreements with the principal underwriters of Contracts and Policies pursuant to which such principal underwriters will promote the indirect sale of Class 4 Shares of one or more of the Funds shown on Schedule A, or Class 2 Shares, Class 3 Shares, or Class 4 Shares of one or more of the Funds shown on Schedule B, by promoting such Funds as investment options under the Contracts and Policies.

  • With respect to all of the aforementioned series of the Trust, the Class 1 Shares, Class 2 Shares, Class 3 Shares, Class 4 Shares and Class 5 Shares, which each such Series may issue from time to time, shall be, and are hereby, established and designated, which classes shall have the respective rights and preferences as may be determined from time to time by the Trustees.

  • In furtherance of its duties under this Agreement, SSGM may enter into agreements with the principal underwriters of Contracts and Policies pursuant to which such principal underwriters will promote the indirect sale of Class 3 Shares of the Funds shown on Schedule A, by promoting such Fund as an investment option under the Contracts and Policies.

  • Similarly, neither GEID, nor the Company, nor its Funds, nor the agents or affiliates of the foregoing, have any responsibility to determine whether or not a purchase, exchange or redemption of Class 2 Shares, Class 3 Shares or Class 4 Shares of the Funds listed on Schedule A by an Insurer is the net result of transactions in separate account units authorized by owners of Contracts and Policies.