Examples of FLP B Units in a sentence
Such title and duties may be changed in a manner deemed appropriate from time to time by the CEO or the Board of Directors so long as such title and duties are consistent with Executive's employment level and qualifications; provided, however, this sentence shall not be operative after an Early Trigger or Change of Control as defined in Section 3.01.
Enerplus covenants and agrees that it will not, and will cause any applicable Enerplus Subsidiary and Enerplus' affiliates not to, exercise any voting rights which may be exercisable by holders of FLP B Units from time to time pursuant to the Exchangeable Securities Provisions or the Limited Partnership Agreement with respect to any FLP B Unit held by it or by its affiliates in respect of any matter considered at any meeting of holders of FLP B Units.
Without limiting the generality of the foregoing, Enerplus will use its reasonable best efforts expeditiously and in good faith to ensure that holders of FLP B Units may participate in each such Offer without being required to retract FLP B Units as against FLP (or, if so required, to ensure that any such retraction, shall be effective only upon, and shall be conditional upon, the closing of such Offer and only to the extent necessary to tender or deposit to the Offer).
Subject to Sections 4.2, 4.7 and 4.10, this Agreement may not be amended or modified except by an agreement in writing executed by FLP, the General Partner and Enerplus and approved by the holders of the FLP B Units in accordance with Section 11.1 of the Exchangeable Securities Provisions.
Article 11.3, in turn, states that the authorities shall review the accuracy and adequacy of the evidence provided in the application to determine whether the evidence is sufficient to justify the initiation of an investigation.
FLP, at the request of Enerplus, agrees to call a meeting or meetings of the holders of its FLP B Units for the purpose of considering any proposed amendment or modification requiring approval pursuant to Section 4.6; provided that any such meeting shall only be called for a bona fide business purpose and not for the principal purpose of causing a Redemption Date to occur or transpire.
Without the prior approval of FLP and the prior approval of the holders of the FLP B Units given in accordance with Section 11.1 of the Exchangeable Securities Provisions, Enerplus covenants and agrees in favour of FLP that, as long as any outstanding FLP B Units are owned by any person other than Enerplus or any of its affiliates, Enerplus will be and remain the direct or indirect beneficial owner of all issued and outstanding voting interests in the capital of FLP and the General Partner.
Nothing herein shall affect the rights of FLP to redeem FLP B Units in the event of a Trust Control Transaction.