Class A Reset Date definition
Examples of Class A Reset Date in a sentence
The Class A Preferred Return Rate is subject to reset as provided herein on each Class A Reset Date.
During the period commencing ninety (90) days and ending forty-five (45) days prior to a Class A Reset Date (the “Consultation Period”), the Company and the Class A Limited Members shall consult with one another (and the Administrative Agent (if any) shall coordinate such consultation) to determine whether the Company and the Class A Limited Members are able to agree upon a Class A Preferred Return Rate for the Class A Reset Period commencing on such Class A Reset Date.
In the event the Company and all of such holders of Class A Limited Membership Interests reach agreement at least forty-five (45) days before such Class A Reset Date, the Class A Preferred Return Rate will be reset on the Class A Reset Date to the amount so agreed and will remain in effect until the next Class A Reset Date.
In the event agreement is reached at least forty-five (45) days before such Class A Reset Date, the Class A Preferred Return Rate will be reset as of such Class A Reset Date pursuant to such agreement and will remain in effect until the following Class A Reset Date.
The aggregate Preferred Return Capital of the Class A Members as of the initial Class A Reset Date is $248,120,718.
During the period commencing ninety (90) days and ending forty-five (45) days prior to each Class A Reset Date, the Company and the holders of all the Class A Limited Membership Interests shall consult with one another to determine whether they are able to agree upon a Class A Preferred Return Rate in advance of such Class A Reset Date.
In the event no agreement pursuant to this Section 7.1(b) is reached at least forty-five (45) days before the relevant Class A Reset Date, the Company shall, on a date no later than such Class A Reset Date, conduct an auction or mandatory remarketing (a “Class A Mandatory Remarketing”) to set the applicable Class A Preferred Return Rate pursuant to Section 7.1(c)(i).
As evidenced by that certain Rate Reset Agreement dated May 29, 2007 by the Company, GMCO, RBDB and TPC, the Class A Limited Members agreed upon the Class A Preferred Return Rate for the June 28, 2007 initial Class A Reset Date as required by Section 7.1(b) of the Third Amended and Restated LLC Agreement and made certain related amendments to the Third Amended and Restated LLC Agreement.
The Class A Preferred Return Rate so determined on such Class A Reset Date shall remain in effect until the following Class A Reset Date.
In connection with each Class A Reset Date, the Capital Accounts of all the Members (including the Class A Limited Members) shall be redetermined as set forth in Section 7.1(d).