Third A&R Agreement definition
Examples of Third A&R Agreement in a sentence
The Members hereby execute this Agreement for the purpose of amending and restating the Third A&R Agreement and establishing the affairs of the Company and the conduct of its business in accordance with the provisions of the Delaware Act.
A partial copy of the Members Schedule as of the date of the Third A&R Agreement showing only the aggregate number of each class of Shares held by the Members (but not any identifying information about the Persons holding any Shares (other than the Class F Preferred Shares)) was provided to the Class F Preferred Members prior to the execution of the Class F Purchase Agreement.
This Agreement amends and restates the Third A&R Agreement in its entirety and the Parties agree that the terms and provisions of this Agreement replace the terms and provisions of the Third A&R Agreement, which is no longer in force as of the date hereof.
Beginning on the date hereof, any amounts that remain outstanding under the Third A&R Agreement or the Second A&R Agreement or the First A&R Agreement or the Original Agreement shall be treated in accordance with this Agreement and the Loan Documents.
The Series Trustees shall have, to the exclusion of any other Trustee of the Trust, all the powers 12966669/2 77 Agreements and Declarations of Trust - CSQ Third A&R Agreement and Declaration of Trust and authorities of Trustees hereunder with respect to such Series or Class, but shall have no power or authority with respect to any other Series or Class.
Except as expressly provided in this Agreement, the Trustees by majority vote may delegate to any Trustee or Trustees or committee 12966669/2 109 Agreements and Declarations of Trust - CGO Third A&R Agreement and Declaration of Trust authority to approve particular matters or take particular actions on behalf of the Trust.
The Series Trustees shall have, to the exclusion of any other Trustee of the Trust, all the powers 12966669/2 Agreements and Declarations of Trust - CHI Third A&R Agreement and Declaration of Trust and authorities of Trustees hereunder with respect to such Series or Class, but shall have no power or authority with respect to any other Series or Class.
Each such allocation shall be conclusive and binding upon the Shareholders of all Series for all purposes, and such 18 12966669/2 117 Agreements and Declarations of Trust - CGO Third A&R Agreement and Declaration of Trust assets, earnings, income, profits or funds, or payments and proceeds thereof shall be referred to as assets belonging to that Series.
Until Shares or Preferred Securities 12966669/2 89 Agreements and Declarations of Trust - CSQ Third A&R Agreement and Declaration of Trust of a Series are issued, as to that Series the Trustees may exercise all rights of Shareholders and may take any action required or permitted to be taken by Shareholders by law, this Declaration or the By-Laws.
Until Shares or Preferred Securities 12966669/2 56 Agreements and Declarations of Trust - CHY Third A&R Agreement and Declaration of Trust of a Series are issued, as to that Series the Trustees may exercise all rights of Shareholders and may take any action required or permitted to be taken by Shareholders by law, this Declaration or the By-Laws.