Common use of Issuance of Class B Units Clause in Contracts

Issuance of Class B Units. Notwithstanding any other provision of this Agreement, the Company shall issue no Class B Units in excess of the number of such Class B Units issued and outstanding as of the Closing Date without the prior written consent of holders of Class B Units having a majority of the then outstanding Class B Units; provided, however, that any Class B Units repurchased by the Company pursuant to the terms of this Agreement or pursuant to any other agreement or arrangement shall no longer be considered to be issued and outstanding for purposes of this Agreement or the LLC Agreement and shall once again be available for issuance by the Company without the consent of the holders of Class B Units.

Appears in 1 contract

Sources: Securityholders Agreement (Transport America, Inc.)

Issuance of Class B Units. Notwithstanding any other provision of this Agreement, the Company shall issue no Class B Units in excess of the number of such Class B Units authorized or issued and outstanding as of the Closing Date effective date of this Amendment without the prior written consent Consent of holders of Class B Units having a majority of the then outstanding Class B Units; provided, however, that any Class B Units repurchased by the Company pursuant to the terms of this Agreement or pursuant to any other agreement or arrangement shall no longer be considered to be issued and outstanding for purposes of this Agreement or the LLC Agreement and shall once again be available for issuance by the Company without the consent of the holders of Class B Units.

Appears in 1 contract

Sources: Securityholders Agreement (Transport America, Inc.)