Examples of Series J Securities in a sentence
Subject to the terms and conditions of this Agreement, the Company may sell and issue Series J Securities at a price per Series J Security no less than $1,000 at one or more subsequent closings (each, a “Subsequent Closing”), to such Persons (the “Additional Purchasers”) as may be approved by the Company.
Each Purchaser acknowledges that by the operation of this paragraph, the holders of a majority of the shares of Common Stock issued or issuable upon conversion of the Series J Securities issued pursuant to this Agreement (excluding any of such shares that have been sold to the public or pursuant to Rule 144) will have the right and power to diminish or eliminate all rights of such Purchaser under this Agreement.
Any Series J Securities sold pursuant to this Section 1(b)(i) shall be deemed to be “Purchased Securities” for all purposes under this Agreement and any Additional Purchasers thereof shall be deemed to be “Purchasers” for all purposes under this Agreement.
Neither the Company, nor any of its Subsidiaries or affiliates, nor any Person acting on its or their behalf, has engaged in any form of general solicitation or general advertising (within the meaning of Regulation D) in connection with the offer, issuance and sale of the Series J Securities.
Notice of a redemption of the Series J Securities made pursuant to this paragraph 5 shall be given in the manner set forth in Section 3.3 of the Indenture; provided however, that any such notice need not set forth the redemption price but need only set forth the calculation thereof as described in the immediately preceding sentence of this paragraph 5.
The terms of the Series J Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939, as in effect on the date of the Indenture.
Holders of the Series J Securities may not enforce the Indenture or the Series J Securities, except as provided in the Indenture.
The Registrar need not register the transfer of or exchange any Series J Securities (a) selected for redemption except the unredeemed portion of any Series J Security being redeemed in part or (b) for a period beginning 15 Business Days before the mailing of a notice of an offer to repurchase or redemption and ending at the close of business on the day of such mailing.
Any Series J Securities sold pursuant to this Section 1(b)(i) shall be deemed to be “Purchased Securities” for all purposes under this Agreement.
Subject to certain exceptions, the Indenture or the Series J Securities may be amended or supplemented with the written consent of the Holders of not less than a majority in aggregate principal amount of the Series J Securities then outstanding, and any existing Default or Event of Default or compliance with any provision may be waived with the consent of the Holders of a majority in aggregate principal amount of the Series J Securities then outstanding.