Effectiveness Period has the meaning set forth in Section 3.01(a).
Exchange Act means the Securities Exchange Act of 1934, as amended, and all rules and regulations promulgated thereunder, as in effect from time to time.
FINRA means the Financial Industry Regulatory Authority.
Holders means, collectively, those holders of Series H Preferred Units issued pursuant to the Merger Agreement that execute and deliver a joinder to this Agreement in the form of Exhibit B hereto, and their successors and permitted assigns (subject to and in accordance with Section 5.08).
Indemnified Party has the meaning set forth in Section 4.03.
Indemnifying Party has the meaning set forth in Section 4.03.
Losses has the meaning set forth in Section 4.01.
Majority Interest of the Holders means the holders of at least a majority of the Registrable Shares (voting together on an as-converted basis).
Merger Agreement means the Agreement and Plan of Merger dated September 29, 2020, by and among Safe Harbor Marinas, LLC, the Company, the Partnership, Sun SH LLC, and Safe Harbor Marinas II, LLC, individually and in its capacity as Seller Representative pursuant thereto.
Partnership means Sun Communities Operating Limited Partnership, a Michigan limited partnership.
Partnership Agreement means the Fourth Amended and Restated Limited Partnership Agreement of Sun Communities Operating Limited Partnership dated January 31, 2019, as amended through the date hereof and as further amended or restated from time to time.
Person means an individual, corporation, partnership, limited liability company, association, trust, joint venture, unincorporated organization, other entity or group, or a government or governmental agency.
Prospectus means the prospectus included in a Registration Statement (including a prospectus that includes any information previously omitted from a prospectus filed as part of an effective Registration Statement in reliance upon Rule 430A promulgated under the Securities Act), as amended or supplemented by any prospectus supplement, with respect to the terms of the offering of any portion of the securities covered by a Registration Statement, and all other amendments and supplements to the Prospectus, including post-effective amendments, and all material incorporated by reference or deemed to be incorporated by reference in such prospectus.
Registrable Shares means any shares of Common Stock that are issued upon the exchange of the Series H Preferred Units in accordance with the terms of the Partnership