Preferred Shares Documents definition

Preferred Shares Documents means the Investment Agreement, dated as of November 2, 2018 (the “Investment Agreement”), by and between Pride Midco, Inc. and the purchasers party thereto, the Certificate of Designations of Series A Redeemable Preferred Stock, Par Value $0.0001 Per Share, of Pride Midco, Inc., dated November 2, 2018 (the “Certificate of Designations”) and all other documents, certificates or agreements executed in connection with the transactions contemplated by the Investment Agreement and the Certificate of Designations.

Preferred Shares Documents means this Agreement, the Bye-laws, the Fee Letters, the Flex Letter, the Side Letter, the Collateral Documents, any agreement subordinating obligations under the Management Agreement or any other management agreement, the Subordinated Intercompany Note, and all other documents, instruments or agreements executed and delivered by an Obligor for the benefit of the Agents or any Investor in connection herewith.

Preferred Shares Documents means the Certificates for the Preferred Shares, the Amended and Restated Certificate of Incorporation of Purchaser and the Stock Rights and Restrictions Agreement attached as Exhibits D and E, respectively.

Examples of Preferred Shares Documents in a sentence

• This Amendment and the other Preferred Shares Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof.

• The Investors shall have received a reaffirmation agreement, confirming that the Guaranty and grants of security interest provided under the Preferred Shares Documents remain continuous and unaffected and continue to be in full force and effect after giving effect to the Subsequent Subscription, executed and delivered by the Issuer and the Guarantor (which may include a copy transmitted by facsimile or other electronic method).

• The Incremental Investors shall have received a reaffirmation agreement, confirming that the Guaranty and grants of security interest provided under the Preferred Shares Documents remain continuous and unaffected and continue to be in full force and effect after giving effect to this Amendment, executed and delivered by the Issuer and the Guarantor (which may include a copy transmitted by facsimile or other electronic method).

• The Issuer and the Guarantor shall make all payments to be made by it to the Investors and the Agents under any Cumulative Preferred Share or the Preferred Shares Documents without any deduction or withholding for or on account of tax (a “Tax Deduction”), unless a Tax Deduction is required by law.

• Notwithstanding the foregoing or anything to the contrary in the Preferred Shares Documents, during the Certain Funds Period, neither the Collateral Agent nor the Investors shall take any action to the extent to do so would prevent or limit the subscription for the Sierra Preferred Shares.

• The Investors shall have received a reaffirmation agreement, confirming that the Guaranty and grants of security interest provided under the Preferred Shares Documents remain continuous and unaffected and continue to be in full force and effect after giving effect to the Buffalo Subscription, executed and delivered by the Issuer and the Guarantor (which may include a copy transmitted by facsimile or other electronic method).

• In addition, for the avoidance of doubt, it is acknowledged and agreed that the Agents may serve in additional agent capacities hereunder and under the Collateral Documents and Preferred Shares Documents, and their rights, benefits, protections and immunities as Agent set forth herein and under the Collateral Documents shall not be limited as a result of serving in such additional agent capacities or exercising rights in connection therewith.

• The Issuer or, failing which, the Guarantor shall have paid (or caused to be paid) all fees and expenses due to the Investors and/or any of their respective affiliates under this Agreement, the Fee Letters and the other Preferred Shares Documents and required to be paid at the Initial Subscription Date; provided that any such fees and expenses shall, in any event, be paid within 15 Business Days of the date the relevant invoice is issued.

• The Issuer or, failing which, the Guarantor shall have paid (or caused to be paid) all fees and expenses due to the Incremental Investors and/or any of their respective affiliates under this Amendment and the other Preferred Shares Documents and required to be paid at the Second Amendment Effective Date; provided that any such fees and expenses shall, in any event, be paid within 15 Business Days of the date the relevant invoice is issued.

• With respect to Obligations made or renewed by it or any of its Affiliates, each Agent and its Affiliates shall have the same rights and powers under this Agreement and the Collateral Documents and Preferred Shares Documents as any Secured Party and may exercise the same as though such Agent was not such Agent, and the terms “Secured Party” shall (to the extent applicable) include the Agents in their individual capacity.

More Definitions of Preferred Shares Documents

Preferred Shares Documents means the Supplement, dated August 11, 2010, to the Borrower’s Amended and Restated Agreement and Declaration of Trust and the Preferred Share Purchase Agreement, dated August 11, 2010, as in effect on the Effective Date.