Class D Preferred Units definition

Class D Preferred Units means Class D Preferred Units representing limited partner interests in the Partnership, the terms of which are to be set forth in the Amended Partnership Agreement.

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Class D Preferred Units has the meaning specified in Section 3.2(b).

Class D Preferred Units means the equity interests designated as “Class D Preferred Units” pursuant to the Parent LPA.

Examples of Class D Preferred Units in a sentence

• All references in this Agreement to votes of, or other acts that may be taken by, the Outstanding Class D Preferred Units shall be deemed to be references to the votes or acts of the Record Holders of such Outstanding Class D Preferred Units.

• To exercise its right to redemption pursuant to this Section 5.13(d)(i), a Class D Preferred Unit Holder must deliver a written notice of such exercise (a “Class D CoC Redemption Election Notice”) to the Partnership prior to the 90th day following the occurrence of such Class D Change of Control, which Class D CoC Redemption Election Notice shall set forth the number of Class D Preferred Units such Class D Preferred Unit Holder elects to have redeemed by the Partnership pursuant to this Section 5.13(d)(i).

• The Class D Preferred Units shall be entitled to the number of votes per Class D Preferred Unit equal to the number of whole Common Units into which one Class D Preferred Unit is then convertible on all matters for which the holders of Units are entitled to vote under the terms of this Agreement and the Act.

• The conversion price for the Class D Preferred Units shall initially be the Class D Original Issue Price (the “Class D Conversion Price”).

• In connection with the foregoing, the Partnership shall adopt the methodology set forth in the noncompensatory option regulations under Treasury Regulation Sections 1.704-1 and 1.721-2 with respect to the issuance and any conversion of Class B Preferred Units or Class C Preferred Unit, the issuance of the Class D Preferred Units and the Class D Redemption Common Units, and the issuance and exercise of the 2019 Warrants, unless otherwise required by applicable law.

• As of October 10, 2014, the Partnership or a Subsidiary of the Partnership (other than APL and its Subsidiaries) owns 4,113,227 APL Common Units and no APL Class D Preferred Units or APL Class E Preferred Units.

• Each holder of Class A Units, Class B Preferred Units, Class B-1 Preferred Units, Class B-2 Preferred Units and Class D Preferred Units (each a “Voting Member”) shall be entitled to cast one vote per Class A Unit, Class B Preferred Unit, Class B-1 Preferred Unit, Class B-2 Preferred Unit or Class D Preferred Unit held by such Member.

• The conversion rate in effect at any time for conversion of each Class D Preferred Unit (the “Class D Preferred Unit Conversion Rate”) shall be the quotient obtained by dividing the Class D Original Issue Price by the Conversion Price then in effect for the Class D Preferred Units (as defined in and calculated as provided in Section 3.9(d)).

• No Class D Certificate shall be valid for any purpose until it has been countersigned by the Registrar and Transfer Agent; provided, however, that if the Class D Preferred Units are issued in global form, the Class D Certificates shall be valid upon receipt of a certificate from the Registrar and Transfer Agent certifying that the Class D Preferred Units have been duly registered in accordance with the directions of the Partnership.

• Thereafter, (A) the General Partner, on behalf of the Partnership, may appoint one or more agents to act as the Class D Preferred Units Registrar, and (B) the General Partner, on behalf of the Partnership, and the Class D Preferred Unit Representative, on behalf of the Class D Preferred Unit Majority, may mutually agree to replace the Transfer Agent for the Class D Preferred Units.

More Definitions of Class D Preferred Units

Class D Preferred Units has the meaning given to such term in the Amended and Restated Operating Agreement.

Class D Preferred Units means a class of preferred equity of the Borrower bearing the terms set forth and described in the Third Amended and Restated Limited Liability Company Agreement dated as of October 9, 2008, and the Unit Purchase Agreement dated as of October 9, 2008, by and between the Borrower and certain investors as set forth therein (as amended, restated, supplemented or otherwise modified from time to time, the “Unit Agreement”).”

Class D Preferred Units shall have the meaning set forth in the CCFI LLC Agreement.

Class D Preferred Units means the units of Membership Interests designated as “Class D Preferred Units” and having the rights to distributions, allocations and voting rights of Class D Preferred Units set forth in this Agreement.

Class D Preferred Units. (i) as of the Agreement Date and through immediately prior to the completion of the Restructuring, has the meaning given to such term in the Existing Operating Agreement and (ii) as of and following the completion of the Restructuring, has the meaning given to such term in the Amended and Restated Operating Agreement.

Class D Preferred Units has the meaning assigned to such term in the Parent LPA, as in effect on the Fifth Amendment Effective Date.