Class B Common Units Sample Clauses

Class B Common Units. (a) As of the date hereof, the Company authorized and reserved for issuance under the Equity Incentive Plan, 112.227 Class B Common Units (the “Equity Incentive Pool”). To the extent that, on or after the date hereof, any Class B Common Units are issued under the Equity Incentive Plan and then such Class B Common Units are forfeited, canceled or otherwise terminated, or the Class B Common Units are not delivered because an award under the Equity Incentive Plan is settled in cash or used to satisfy the applicable tax withholding obligation, such Class B Common Units shall remain part of the authorized Class B Common Units. Subject to the provisions of the Securityholders Agreement, the size of the Equity Incentive Pool can be increased by the Board at any time in its sole discretion. (b) It is each Member's intention that the Class B Common Units issued under the Equity Incentive Plan shall represent interests in the Profits and Losses, but not the capital, of the Company. As a condition to the award of any Class B Common Units under the Equity Incentive Plan, the intended recipient of such Class B Common Units shall execute a restricted units or similar agreement, in a form approved by the Board, and shall take such other steps, and execute such other documents as are contemplated thereunder. The Class B Common Units issued pursuant to the Equity Incentive Plan may be subject to the vesting terms, if any, a Participation Threshold and/or any other terms set forth in the applicable grant agreements by and between the Company and the holder of the Class B Common Units. (c) The Class B Common Units granted on the date hereof pursuant to the Equity Incentive Plan shall be subject to a “participation threshold” (a “Participation Threshold”), and the Board shall establish a Participation Threshold with respect to any subset of Class B Common Units granted on any future date. The Participation Threshold for any subset of Class B Common Units granted on the same date shall be calculated as of the time immediately prior to the issuance of such Class B Common Units and shall equal the Net Equity Value as of such time. Notwithstanding the foregoing, the Participation Threshold of a subset of Class B Common Units shall not be less than zero. The Participation Threshold of a subset of Class B Common Units shall be met at such time as the aggregate prior and current distributions under Section 7.1 with respect to any Class A Common Units and any Class B Common Units wit...

Class B Common Units. The Company hereby authorizes the -------------------- issuance of Class B Common Units; 273,900 of which are outstanding as of the date hereof as set forth on the Members Schedule (as in effect on the date hereof).

Class B Common Units. The Class B Member shall have the right to the Profits Interest Amount (and any Preferred Return) as provided in Article VII . Following the payment in full of all Profits Interest Amounts accruing (or to accrue) prior to the Profits Interest Accrual Termination Date (as well as any Preferred Return), the Class B Common Units shall automatically cease to be outstanding and the Class B Member shall no longer have any rights or privileges under this Agreement. Unless specifically set forth in this Agreement, the Class B Common Member shall have no other rights of the Members under this Agreement. Unless specifically set forth in this Agreement, the Class B Common Units shall not entitle the holder thereof to vote on any matters required or permitted to be voted on by the Members. Notwithstanding the foregoing, following the date of this Agreement and prior to the payment in full of all Profits Interest Amounts accruing (or to accrue) prior to the Profits Interest Accrual Termination Date (as well as any Preferred Return), the Company may not issue any Membership Interest that would entitle the holder thereof to receive Distributions prior to, in preference to, or pari passu with, the Class B Common Units.

Class B Common Units. On the date hereof, the Company issued the Class B Common Units, following and conditioned upon the consummation of the Parent Cash Contribution (as defined in the Investment Agreement) in accordance with the Contribution Agreement (as defined in the Investment Agreement), to the Class B Member in the amount set forth on the Members Schedule.

Class B Common Units. (a) On the Class B Common Measuring Date, in connection with PublicCo's Capital Contributions pursuant to Section 3.1.3(a), the Company will issue to PublicCo a number of Class B Common Units equal to the number of shares of common stock issued by PublicCo on such date in connection with the IPO. (b) Upon PublicCo's acquisition of the Class A Preferred Units pursuant to the Rifk▇▇ ▇▇▇tribution Agreement at the time of the IPO, such Class A Preferred Units will be converted into Class B Common Units. PublicCo will be deemed to have made a Capital Contribution of cash to the Company in the amount equal to the redemption price of such Class A Preferred Units as determined under Section 3.5.2(a), and the Company will be deemed to have issued Class B Common Units to PublicCo. The number of Class B Common Units acquired by PublicCo pursuant to this Section 3.6.4(b) will be equal to the number of shares of Class A Common Stock issued by PublicCo to the Rifk▇▇ ▇▇▇ders pursuant to the Rifk▇▇ ▇▇▇tribution Agreement. (c) Upon PublicCo's issuance of common stock in exchange for Class D Common Units, such Class D Common Units shall be deemed to have converted automatically into a like number of Class B Common Units. (d) Upon PublicCo's contribution of cash and/or assets to the Company pursuant to Section 3.1.3(b), the Company will issue to PublicCo that number of additional Class B Common Units equal to the number of shares of common stock issued by PublicCo. (e) Upon PublicCo's contribution of cash and/or assets to the Company pursuant to Sections 3.1.3(c), the Company will issue to PublicCo Units that mirror to the extent practicable the terms and conditions of the capital stock issued by PublicCo, as reasonably determined by the Manager.

Class B Common Units. The Company hereby authorizes the issuance of an unlimited number of Class B Common Units, none of which are outstanding on the date hereof.

Class B Common Units. (a) As of the Effective Date, the aggregate number of Class B Common Units issued to PublicCo was Two Hundred Ninety-Four Million Two Hundred Sixty-Seven Thousand Five Hundred Forty (294,267,540). (b) Upon PublicCo’s contribution of cash and/or assets to the Company pursuant to Section 3.1.3(g), the Company will issue to PublicCo that number of additional Class B Common Units equal to the number of shares of common stock issued by PublicCo in such transaction. (c) Upon PublicCo’s contribution of cash and/or assets to the Company pursuant to Section 3.1.3(h), the Company will issue to PublicCo Units that mirror to the extent practicable the terms and conditions of the capital stock issued by PublicCo, as reasonably determined by the Manager. (d) The Company may and is authorized to issue Class B Common Units to certain Persons pursuant to the terms of the Company’s employee option/compensatory plans and agreements (as adopted or entered into from time to time).

Class B Common Units. The Partnership hereby authorizes the issuance of an unlimited number of Class B Common Units for incentive purposes, which it may issue to officers, directors, managers, employees or consultants of the Partnership, its Subsidiaries or Grande Manager, or, for so long as the ABB Advisory Agreement (as defined in the Partners Agreement) is in effect, of ABB, in one or more Series, zero (0) of which are outstanding on the date hereof, as set forth on the Partners Schedule (as in effect on the date hereof). The initial three Series of Class B Common Units are (i) Class B-1 Common Units, zero (0) of which are outstanding on the date hereof, (ii) Class B-2 Common Units, zero (0) of which are outstanding on the date hereof, and (iii) Class B-3 Common Units, zero (0) of which are outstanding on the date hereof, in each case, as set forth on the Partners Schedule (as in effect on the date hereof); provided, during the period of 18 months after the date of this Agreement, the Partnership may not issue (A) any incentive-based Equity Securities other than Class B-1 Common Units, Class B-2 Common Units or Class B-3 Common Units or (B) any Class B-1 Common Units, Class B-2 Common Units, or Class B-3 Common Units if, after giving effect to such issuance the Class B-1 Common Units, Class B-2 Common Units or Class B-3 Common Units of such series would represent greater than 5% of the then-outstanding Common Units, except in each case in compliance with Section 7.24(b) of the Recapitalization Agreement.

Class B Common Units. Class B Common Units shall have all the rights, -------------------- preferences, privileges and restrictions generally granted to or imposed upon limited liability company membership interests under the DLLCA, in addition to those rights, preferences, privileges and restrictions granted to or imposed upon such interests by this Agreement. Other than as specifically set forth in this Agreement, the Class B Common Units shall be identical to the Class A Common Units.