Definition of Second Closing LLC Agreement


Second Closing LLC Agreement means the Second Amended and Restated Operating Agreement dated as of the date hereof among Guggenheim, CDP and Soros, in the form attached hereto as Exhibit B.
Sample 1

Examples of Second Closing LLC Agreement in a sentence

The Company, Soros and CDP shall have executed and delivered the Second Closing LLC Agreement reflecting, among other things, the redemption of the Second Closing Soros Units and the issuance and sale of 666.67 Preferred Units and 198.63 Common Units to Purchaser.
Purchaser shall have executed and delivered the Second Closing LLC Agreement reflecting, among other things, the redemption of the Second Closing Soros Units and the issuance and sale of 666.67 Preferred Units and 198.63 Common Units to Purchaser.
The Company shall have consummated the Refinancing; provided, however, if the Senior Debt Securities issued in connection with such Refinancing bear a yield to maturity greater than 11.00% at issuance (inclusive of any original issue discount and excluding any market rate fees paid to the underwriters of such senior debt securities), then the Priority Return Rate (as defined in the Second Closing LLC Agreement) shall be 16.5% per annum in lieu of the 15.00% per annum.