Operating Trust Merger Effective Time definition

Operating Trust Merger Effective Time means the effective time of the merger of River Trust Acquisition (MD), LLC with and into the Trust pursuant to the Merger Agreement.

Examples of Operating Trust Merger Effective Time in a sentence

• On the Closing Date, Series O Preferred Units shall be issued by the Trust in exchange for Class A-1 common units in the Trust outstanding immediately prior to the Operating Trust Merger Effective Time (as defined in the Merger Agreement).

• If Mellon has not received your properly completed and executed Election Form and Election Form Supporting Materials by the Election Deadline, you will automatically have the right to receive one Series O Preferred Unit for each Class A-1 Common Unit that you own immediately prior to the Operating Trust Merger Effective Time.

• If the Company determines that your election has not been properly made on or before the Election Deadline, or has been revoked, you will automatically have the right to receive one Series O Preferred Unit for each Class A-1 Common Unit that you own immediately prior to the Operating Trust Merger Effective Time.

• In connection with the Operating Trust Merger, at the Operating Trust Merger Effective Time and without any action on the part of the holder of the Operating Trust Series M Preferred Unit, the Operating Trust Series M Preferred Unit shall be converted into the right to receive one (1) Operating Trust Series P Preferred Unit which shall have the preferences, redemption and other rights, voting powers, restrictions and limitations set forth on Exhibit B.

• In connection with the Operating Trust Merger, at the Operating Trust Merger Effective Time, all units or shares of beneficial interest of the Operating Trust MergerSub shall automatically be converted into that number of Operating Trust Class A-1 Common Units equal to the number of Operating Trust Class A-1 Common Units electing to receive the Operating Trust Cash Consideration pursuant to Section 3.02(a).

• In connection with the Operating Trust Merger, at the Operating Trust Merger Effective Time, each Operating Trust Class A-1 Common Unit issued and outstanding immediately prior to the Operating Trust Merger Effective Time shall, in accordance with Section 3.03(e)(ii)(A) and Section 3.03(e)(ii)(B), be converted into either (i) the Operating Trust Cash Consideration or (ii) the Operating Trust Class A Preferred Unit Consideration.

• Pursuant to the Merger Agreement, at the Operating Trust Merger Effective Time, each Class A-1 Common Unit of the Operating Trust issued and outstanding immediately prior to the Operating Trust Merger Effective Time (other than units held by unitholders who have properly exercised and perfected their appraisal rights, if any, under Maryland law) will automatically be converted into the right to receive one Series O Preferred Unit.

• In connection with the Operating Trust Merger, at the Operating Trust Merger Effective Time and without any action on the part of the Company, as the sole holder of the Operating Trust Class A-2 Common Units, each Operating Trust Class A-2 Common Unit held by the Company immediately prior to the Operating Trust Merger Effective Time shall remain outstanding.

• If Mellon has not received your properly completed and executed Election Form and the Election Form Supporting Materials on or before the Election Deadline, you will automatically have the right to receive one Series O Preferred Unit for each Class A-1 Common Unit that you own immediately prior to the Operating Trust Merger Effective Time.