Examples of New Securities in a sentence
The issuance of such Rescue Indebtedness shall (i) be subject to Bye-law 4.9 as if such Rescue Indebtedness constituted New Securities thereunder mutatis mutandis and (ii) not be subject to the separate approval of Viking Capital, the Requisite Investors or the Board.
If any number of New Securities remains unsubscribed, the Company or its relevant Subsidiary shall offer the unsubscribed New Securities to the Members that elected to subscribe for their pro rata portion of New Securities, and such Members shall have ten (10) days from the date of receipt of such offer to agree to subscribe for their pro rata portion of such unsubscribed New Securities.
In the event that the issuance of New Securities described in the Issuance Notice shall not be consummated within 90 days after the date the Issuance Notice is delivered by the Company, the Company shall be required to give new notice of such transaction, and any person’s original notice of its intent to exercise any right under this Bye-law 4.8 or failure to give notice shall be of no further force and effect.
Viking Capital and such holders shall have thirty (30) days from the date of receipt of any such notice to agree to subscribe for all of such Member’s pro rata share of such New Securities for the price and upon the general terms specified in the notice by giving written notice to the Company and stating therein the quantity of New Securities to be subscribed for.
The Company or its applicable Subsidiary shall issue the required New Securities against delivery of the purchase price therefor under this Bye-law 4.8 on the proposed issuance date.