Common use of ADDITIONAL RIGHTS OF HOLDERS Clause in Contracts

ADDITIONAL RIGHTS OF HOLDERS. In addition to the rights provided to Holders of Securities under the Indenture and each Guarantee endorsed hereon, the Holder of this Security is entitled to the benefits of a Registration Rights Agreement, dated as of May 28, 2008 (the “Registration Rights Agreement”) by and between NRF and the Initial Purchasers with respect to resales of the shares of Common Stock, if any, issuable upon exchange of the Securities. A copy of the Registration Rights Agreement is available to any Holder of Securities upon request to the Issuer. If a Registration Default, as defined in the Registration Rights Agreement, occurs and is continuing during a period of time that the Securities are exchangeable for shares of Common Stock, liquidated damages consisting solely of additional interest (“Liquidated Damages”) will be paid to Holders entitled to interest payments on such dates semi-annually in arrears on each Interest Payment Date and will accrue from and including the day following such Registration Default to but excluding the day on which such Registration Default has been cured at a rate per annum equal to one-quarter of one percent (0.25%) of the outstanding principal amount of the Securities to and including the 90th day following such Registration Default and at a rate per annum equal to one-half of one percent (0.50%) of the outstanding principal amount thereof from and after the 91st day following such Registration Default. In no event will any additional interest on the Securities exceed the rate per annum of one-half of one percent (0.50%) of the outstanding principal amount thereof. The Issuer will not pay Liquidated Damages on any Security after it has been exchanged for the shares of Common Stock. If a Security ceases to be outstanding during any period for which additional interest is accruing, the Issuer will prorate the Liquidated Damages to be paid with respect to that Security. Whenever in this Security there is a reference, in any context, to the payment of the principal of, premium, if any, or interest on, or in respect of, any Security, such mention shall be deemed to include mention of the payment of Liquidated Damages payable as described in the preceding paragraph to the extent that, in such context, Liquidated Damages are, were or would be payable in respect of such Security and express mention of the payment of Liquidated Damages (if applicable) in any provisions of this Security shall not be construed as excluding Liquidated Damages in those provisions of this Security where such express mention is not made.

Appears in 1 contract

Samples: Registration Rights Agreement (Northstar Realty)

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ADDITIONAL RIGHTS OF HOLDERS. In addition to the rights provided to Holders of Securities under the Indenture and each the Guarantee endorsed hereon, the Holder of this Security is entitled to the benefits of a Registration Rights Agreement, dated as of May 28June 12, 2008 2012 (the “Registration Rights Agreement”) ), by and between NRF the Parent Guarantor and the Representatives, as representatives of the Initial Purchasers Purchasers, with respect to resales of the shares of Common Stock, if any, issuable upon exchange of the Securities. A copy of the Registration Rights Agreement is available to any Holder of Securities upon request to the Issuer. If a Registration Default, as defined in the Registration Rights Agreement, occurs and is continuing during a period of time that the Securities are exchangeable for shares of Common Stock, liquidated damages consisting solely of additional interest (“Liquidated Damages”) will be paid to Holders entitled to interest payments on such dates semi-annually in arrears on each Interest Payment Date and will accrue from and including the day following such Registration Default to but excluding the day on which such Registration Default has been cured at a rate per annum equal to one-quarter of one percent (0.25%) of the outstanding principal amount of the Securities then Outstanding to and including the 90th day following such Registration Default and at a rate per annum equal to one-half of one percent (0.50%) of the outstanding principal amount thereof then Outstanding from and after the 91st day following such Registration Default. In no event will any additional interest on the Securities exceed the rate per annum of one-half of one percent (0.50%) of the outstanding principal amount thereofthereof then Outstanding. The Issuer will not pay Liquidated Damages on any Security after it has been exchanged for the shares of Common Stock. If a Security ceases to be outstanding Outstanding during any period for which additional interest is accruing, the Issuer will prorate the Liquidated Damages to be paid with respect to that Security. Whenever in this Security there is a reference, in any context, to the payment of the principal of, premium, if any, or interest on, or in respect of, any Security, such mention shall be deemed to include mention of the payment of Liquidated Damages payable as described in the preceding paragraph to the extent that, in such context, Liquidated Damages are, were or would be payable in respect of such Security and express mention of the payment of Liquidated Damages (if applicable) in any provisions of this Security shall not be construed as excluding Liquidated Damages in those provisions of this Security where such express mention is not made.

Appears in 1 contract

Samples: Indenture (Northstar Realty Finance Corp.)

ADDITIONAL RIGHTS OF HOLDERS. In addition to the rights provided to Holders of Securities under the Indenture and each the Guarantee endorsed hereon, the Holder of this Security is entitled to the benefits of a Registration Rights Agreement, dated as of May 28March 9, 2008 2011 (the “Registration Rights Agreement”) ), by and between NRF the Parent Guarantor and the Representatives, as representatives of the Initial Purchasers Purchasers, with respect to resales of the shares of Common Stock, if any, issuable upon exchange of the Securities. A copy of the Registration Rights Agreement is available to any Holder of Securities upon request to the Issuer. If a Registration Default, as defined in the Registration Rights Agreement, occurs and is continuing during a period of time that the Securities are exchangeable for shares of Common Stock, liquidated damages consisting solely of additional interest (“Liquidated Damages”) will be paid to Holders entitled to interest payments on such dates semi-annually in arrears on each Interest Payment Date and will accrue from and including the day following such Registration Default to but excluding the day on which such Registration Default has been cured at a rate per annum equal to one-quarter of one percent (0.25%) of the outstanding principal amount of the Securities then Outstanding to and including the 90th day following such Registration Default and at a rate per annum equal to one-half of one percent (0.50%) of the outstanding principal amount thereof then Outstanding from and after the 91st day following such Registration Default. In no event will any additional interest on the Securities exceed the rate per annum of one-half of one percent (0.50%) of the outstanding principal amount thereofthereof then Outstanding. The Issuer will not pay Liquidated Damages on any Security after it has been exchanged for the shares of Common Stock. If a Security ceases to be outstanding Outstanding during any period for which additional interest is accruing, the Issuer will prorate the Liquidated Damages to be paid with respect to that Security. Whenever in this Security there is a reference, in any context, to the payment of the principal of, premium, if any, or interest on, or in respect of, any Security, such mention shall be deemed to include mention of the payment of Liquidated Damages payable as described in the preceding paragraph to the extent that, in such context, Liquidated Damages are, were or would be payable in respect of such Security and express mention of the payment of Liquidated Damages (if applicable) in any provisions of this Security shall not be construed as excluding Liquidated Damages in those provisions of this Security where such express mention is not made.

Appears in 1 contract

Samples: Indenture (Northstar Realty)

ADDITIONAL RIGHTS OF HOLDERS. In addition to the rights provided to Holders of Securities under the Indenture and each the Guarantee endorsed hereon, the Holder of this Security is entitled to the benefits of a Registration Rights Agreement, dated as of May 28June 18, 2008 2007 (the “Registration Rights Agreement”) by and between NRF among the Company, the Guarantor and the Initial Purchasers with respect to resales of the shares of Common Stock, if any, issuable upon exchange of the Securities. A copy of the Registration Rights Agreement is available to any Holder of Securities upon request to the Issuer. If a Registration Default, as defined in the Registration Rights Agreement, occurs and is continuing during a period of time that the Securities are exchangeable for shares of Common Stock, liquidated damages consisting solely of additional interest (“Liquidated Damages”) will be paid to Holders entitled to interest payments on such dates semi-annually in arrears on each Interest Payment Date and will accrue from and including the day following such Registration Default to but excluding the day on which such Registration Default has been cured at a rate per annum equal to one-quarter of one percent (0.25%) of the outstanding principal amount of the Securities to and including the 90th day following such Registration Default and at a rate per annum equal to one-half of one percent (0.50%) of the outstanding principal amount thereof from and after the 91st day following such Registration Default. In no event will any additional interest on the Securities exceed the rate per annum of one-half of one percent (0.50%) of the outstanding principal amount thereof. The Issuer will not pay Liquidated Damages on any Security after it has been exchanged for the shares of Common Stock. If a Security ceases to be outstanding during any period for which additional interest is accruing, the Issuer will prorate the Liquidated Damages to be paid with respect to that Security. Whenever in this Security there is a reference, in any context, to the payment of the principal of, premium, if any, or interest on, or in respect of, any Security, such mention shall be deemed to include mention of the payment of Liquidated Damages payable as described in the preceding paragraph to the extent that, in such context, Liquidated Damages are, were or would be payable in respect of such Security and express mention of the payment of Liquidated Damages (if applicable) in any provisions of this Security shall not be construed as excluding Liquidated Damages in those provisions of this Security where such express mention is not made.

Appears in 1 contract

Samples: Indenture (Northstar Realty)

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ADDITIONAL RIGHTS OF HOLDERS. In addition to the rights provided to Holders of Securities under the Indenture and each the Guarantee endorsed hereon, the Holder of this Security is entitled to the benefits of a Registration Rights Agreement, dated as of May 28June 19, 2008 2013 (the “Registration Rights Agreement”) ), by and between NRF the Parent Guarantor and the Representative, as representative of the Initial Purchasers Purchasers, with respect to resales of the shares of Common Stock, if any, issuable upon exchange of the Securities. A copy of the Registration Rights Agreement is available to any Holder of Securities upon request to the Issuer. If a Registration Default, as defined in the Registration Rights Agreement, occurs and is continuing during a period of time that the Securities are exchangeable for shares of Common Stock, liquidated damages consisting solely of additional interest (“Liquidated Damages”) will be paid to Holders entitled to interest payments on such dates semi-annually in arrears on each Interest Payment Date and will accrue from and including the day following such Registration Default to but excluding the day on which such Registration Default has been cured at a rate per annum equal to one-quarter of one percent (0.25%) of the outstanding principal amount of the Securities then Outstanding to and including the 90th day following such Registration Default and at a rate per annum equal to one-half of one percent (0.50%) of the outstanding principal amount thereof then Outstanding from and after the 91st day following such Registration Default. Notice of any Registration Default and applicable Liquidated Damages shall be provided to the Trustee. In no event will any additional interest on the Securities exceed the rate per annum of one-half of one percent (0.50%) of the outstanding principal amount thereofthereof then Outstanding. The Issuer will not pay Liquidated Damages on any Security after it has been exchanged for the shares of Common Stock. If a Security ceases to be outstanding Outstanding during any period for which additional interest is accruing, the Issuer will prorate the Liquidated Damages to be paid with respect to that Security. Whenever in this Security there is a reference, in any context, to the payment of the principal of, premium, if any, or interest on, or in respect of, any Security, such mention shall be deemed to include mention of the payment of Liquidated Damages payable as described in the preceding paragraph to the extent that, in such context, Liquidated Damages are, were or would be payable in respect of such Security and express mention of the payment of Liquidated Damages (if applicable) in any provisions of this Security shall not be construed as excluding Liquidated Damages in those provisions of this Security where such express mention is not made.

Appears in 1 contract

Samples: Indenture (Northstar Realty Finance Corp.)

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