Holdings Series A Preferred Shares definition

Holdings Series A Preferred Shares the perpetual preferred shares issued prior to June 1, 1997 by the Borrower in an aggregate amount not exceeding $75,000,000 on substantially the terms and conditions set forth in Annex I-C hereto.

Holdings Series A Preferred Shares means shares of Series A Preferred Stock of Holdings, $0.0001 par value per share. “Holdings Shares” has the meaning given in S ection 2.03(d).

Holdings Series A Preferred Shares means shares of Series A Preferred Stock of Holdings, $0.0001 par value per share.

Examples of Holdings Series A Preferred Shares in a sentence

• All of the outstanding Holdings Series A Preferred Shares have been duly authorized, fully paid and are nonassessable and were issued in compliance with all applicable federal and state securities laws.

• The rights, privileges and preferences of the Holdings Series A Preferred Shares and the Holdings Common Shares are as stated in the Amended and Restated Certificate of Incorporation of Company (the “Restated Certificate”).

• The merger consideration payable to the holders of the Holdings Series A Preferred Shares and Holdings Common Shares outstanding immediately prior to the Effective Time on account thereof shall consist of the cash (as adjusted pursuant to Section 2.03(b))and Parent Shares set forth on S chedule 2.03(a) hereto, the Make-Whole Payment and the Per Share Escrow Consideration (the “Merger Consideration”).

• Upon completion and before final acceptance of the structure, remove falsework and falsework piling down to 2 feet below the finished ground line.