Common use of Partial Payment Clause in Contracts

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Appears in 41 contracts

Sources: Securities Purchase Agreement, Assignment and Assumption Agreement (Sunshine Bancorp, Inc.), Securities Purchase Agreement (Simmons First National Corp)

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer Corporation or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer Corporation ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Appears in 31 contracts

Sources: Merger Agreement (First Defiance Financial Corp), Securities Purchase Agreement, Securities Purchase Agreement

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares units of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock membership interests of the Issuer ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock membership interests shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Appears in 7 contracts

Sources: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement (Gmac LLC), Limited Liability Company Operating Agreement (Gmac LLC)

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer Corporation or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of to any other stock of the Issuer Corporation ranking equally with Designated Preferred Stock as to such distribution, holders Holders of Designated Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Appears in 6 contracts

Sources: Exchange Agreement (Broadway Financial Corp \De\), Exchange Agreement, Share Exchange Agreement (Citigroup Inc)

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Senior Preferred Stock and the corresponding amounts payable with respect of to any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distributionLiquidation Preference Parity Stock, holders of Designated Senior Preferred Stock and the holders of such other stock Liquidation Preference Parity Stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Bancplus Corp), Securities Purchase Agreement (Ponce Financial Group, Inc.), Securities Purchase Agreement (Broadway Financial Corp \De\)

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock Parity Stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock Parity Stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Appears in 3 contracts

Sources: Securities Purchase and Exchange Agreement, Underwriting Agreement (Ally Financial Inc.), Securities Purchase and Exchange Agreement (Gmac Inc.)

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.. SBLF Participant No. 0310 10

Appears in 2 contracts

Sources: Securities Purchase Agreement, Securities Purchase Agreement (First NBC Bank Holding Co)

Partial Payment. If in any distribution described in Section 4(a5(a) above the assets of the Issuer Corporation or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts amount payable with respect of to any other stock of the Issuer ranking equally with Designated Preferred Parity Stock as to such distribution, holders of Designated Preferred Stock Holders and the holders of such other stock Parity Stock shall share ratably in any such distribution in proportion to the full respective liquidating distributions to which they are entitled.

Appears in 2 contracts

Sources: Voting and Termination Agreement (Heartland Financial Usa Inc), Voting and Termination Agreement (Heartland Financial Usa Inc)

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer Corporation or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated the Series D Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer Corporation ranking equally with Designated the Series D Preferred Stock as to such distribution, holders of Designated the Series D Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Appears in 1 contract

Sources: Share Exchange Agreement (United Community Banks Inc)

Partial Payment. If If, in any distribution described in Section 4(a) above 4 and this Section 5, the assets of the Issuer Company or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Series C Preferred Stock and the corresponding amounts payable with respect of to any other stock of the Issuer Company ranking equally with Designated Series C Preferred Stock as to such distribution, holders of Designated Preferred Stock Holders and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Appears in 1 contract

Sources: Securities Purchase Agreement (Community Financial Shares Inc)