Additional Consenting Noteholders Sample Clauses
The 'Additional Consenting Noteholders' clause defines the process by which new noteholders can become parties to an agreement after its initial execution. Typically, this clause outlines the requirements for additional noteholders to formally consent to the terms, such as signing a joinder or adherence agreement, and may specify any conditions or limitations on their participation. Its core function is to ensure that all relevant parties are bound by the same terms, thereby maintaining consistency and legal enforceability as the group of noteholders changes over time.
Additional Consenting Noteholders.
(a) A Noteholder, who is not an Original Consenting Noteholder, may become a Party as an Additional Consenting Noteholder by delivering a duly executed and completed Noteholder Accession Letter to the Information Agent. On delivery of a Noteholder Accession Letter to the Information Agent the acceding Noteholder agrees to be bound by the terms of this Agreement as an Additional Consenting Noteholder from the date of the relevant Noteholder Accession Letter.
(b) If a Noteholder that accedes to this Agreement pursuant to (a) above has, prior to the date of its accession, entered into a Transfer in respect of all or any part of its Locked-Up Notes Debt such that it does not have the power to vote, or direct the voting of, or approve changes in respect of that Locked-Up Notes Debt, either directly or indirectly, it shall use reasonable endeavours to procure that the entity that does control the vote or approval delivers to the Information Agent a Noteholder Accession Letter in respect of that Locked-Up Notes Debt.
(c) The Company may, in its discretion, accept Noteholder Accession Letters subject to non-material defects in the form and/or means of delivery without requiring such non-material defects to be resolved. The Company may, in its discretion, deem Noteholder Accession Letters received subject to material defects that are later resolved to have been received at the time of receipt of the defective document.
Additional Consenting Noteholders. Any holder of a Utility Senior Note Claim or Utility Funded Debt Claim may at any time become a party to this Agreement as a Consenting Noteholder (a “Joining Party”) by executing a Joinder Agreement, pursuant to which such Joining Party represents and warrants to the Debtors, the Shareholder Proponents, and the other Consenting Noteholders that it agrees to be bound by the terms of this Agreement as a Consenting Noteholder hereunder.
Additional Consenting Noteholders. A Noteholder, who is not an Original Consenting Noteholder, may become a Party to and bound by the terms of this Agreement as an Additional Consenting Noteholder by delivering to the Information Agent a duly executed and completed Noteholder Accession Letter.