Examples of Series C Articles in a sentence
The Corporation’s power to effect the Exchange Offer Redemptions shall be without regard to or compliance with any other provision set forth in the Series C Articles, including, without limitation, Section 3 [Dividends] and Section 5 [Redemption] thereof.
The Corporation’s right and obligation to effect the Series C Special Redemption and the Corporation’s power to effect the Series B Special Redemption shall be without regard to or compliance with any other provision set forth in the Series C Articles, including, without limitation, Section 3 [Dividends] and Section 5 [Redemption] thereof.
Such distributions shall be payable quarterly in arrears on the same date as the corresponding Base Dividend (as defined in the Series C Articles Supplementary) is payable to holders of record at the close of business on the record date for the corresponding Base Dividend.
The shares of common stock of the Company issuable upon conversion of the Series C Preferred Stock have been duly authorized by the Company and, when issued upon such conversion in accordance with the terms of theResolutions, the Charter and the Series C Articles, will be validly issued, fully paid and non-assessable.
Other than the dividend payment priorities established in connection with the issuance of the Company's Series A Senior Convertible Preferred Stock, the Series B Cumulative Preferred Stock and as set forth in the Series C Articles Supplementary and in the Credit Agreement between the Operating Partnership and Manufacturers and Traders Trust Company, there are no agreements that restrict the right of the Company to declare and pay dividends on its capital stock.
Written notice of any such voluntary or involuntary liquidation, dissolution or winding-up of the Company, stating the payment date or dates when, and the place or places where, the amounts distributable in such circumstances shall be payable, shall be given by the Managing Member pursuant to Section 13.7 hereof but in no event later than the equivalent notices required by the Series C Articles Supplementary.
Subject to the foregoing, and not otherwise, such dividends and distributions may be paid on Series C Preferred Units to the extent such distributions are permitted under the Series C Articles Supplementary with respect to the Series C Preferred Stock.
The Common Shares issuable upon conversion of the Securities have been duly authorized and, when issued upon conversion of the Securities in accordance with the terms of the Series C Articles Supplementary, will be validly issued and fully paid and non-assessable free and clear of any pledge, lien, encumbrance, security interest or other claim created by the Company.
Notwithstanding anything herein to the contrary, including Section 6 [Voting Rights] of the Series C Articles, no holder of Series C Preferred Stock shall be entitled to vote on, or consent to, the authorization, classification, reclassification, creation or issuance of New Preferred Stock.
In expressing the opinions above, we have assumed that the Series C Preferred Stock will not be issued in violation of the Designation and Number in the Series C Articles.