Bond Offering Sample Clauses

Bond Offering. On or prior to the date of this Agreement, Affiliates of the Purchaser have submitted (and will not withdraw) an order to X.X. Xxxxxx Securities LLC or the other initial purchasers in the Bond Offering to purchase $350 million aggregate principal amount (subject to cutback by the initial purchasers of the Bond Offering) of the Company’s senior notes as part of the Bond Offering. To the extent that the launch of the Bond Offering is delayed, Affiliates of the Purchaser will submit (or reconfirm) an offer to X.X. Xxxxxx Securities LLC or the other initial purchasers in the Bond Offering to purchase $350 million aggregate principal amount (subject to cutback by the initial purchasers of the Bond Offering) of the Company’s senior notes as part of the Bond Offering.
AutoNDA by SimpleDocs
Bond Offering. The Borrower shall have consummated the private placement of its Senior Notes due 2010 in the face amount of at least $250,000,000, the proceeds of which are used to refinance the LYONs or held as restricted cash for the purposes of redeeming the LYONs.
Bond Offering. Pacific Oak SOR (BVI) Holdings, LTD., a British Virgin Islands company limited by shares and indirect parent of Seller, has issued certain corporate bonds to be listed for trade on the Tel Aviv Stock Exchange (the “Bond Offering”). The Bond Offering has been secured in part by Parcels P2.01, P2.02, P2.04A and P2.19 of the Property (collectively, the “Bond Collateral Property”) until the applicable Closing under this Agreement which includes each such Parcel. In connection with the Bond Offering, Remainder Seller recorded that certain Future Advance Accommodation Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing dated as of July 24, 2023 and recorded on July 28, 2023 as Instrument No. 20230728-0000809 in the Official Records against the Bond Collateral Property in favor of the bond trustee (the “Bond Deed of Trust”). Seller hereby agrees to cause the Bond Deed of Trust and all related instruments encumbering the Bond Collateral Property subject to the applicable Closing to be terminated, released and reconveyed by its terms prior to or concurrently with the applicable Closing which includes such Bond Collateral Property. Seller agrees to eliminate and remove the Bond Deed of Trust from the Bond Collateral Property at or prior to the applicable Closing which includes such property and failure to do so shall constitute a default under this Agreement. Until the applicable Closing which includes such Bond Collateral Property, but without limiting the terms and conditions of the prior sentence, the Bond Deed of Trust will be considered a Permitted Exception for all purposes under this Agreement. 5.

Related to Bond Offering

  • Offering If the staff of the SEC (the “Staff”) or the SEC seeks to characterize any offering pursuant to a Registration Statement filed pursuant to this Agreement as constituting an offering of securities that does not permit such Registration Statement to become effective and be used for resales by the Investor under Rule 415 at then-prevailing market prices (and not fixed prices), or if after the filing of the initial Registration Statement with the SEC pursuant to Section 2(a), the Company is otherwise required by the Staff or the SEC to reduce the number of Registrable Securities included in such initial Registration Statement, then the Company shall reduce the number of Registrable Securities to be included in such initial Registration Statement (with the prior consent, which shall not be unreasonably withheld, of the Investor and its legal counsel as to the specific Registrable Securities to be removed therefrom) until such time as the Staff and the SEC shall so permit such Registration Statement to become effective and be used as aforesaid. In the event of any reduction in Registrable Securities pursuant to this paragraph, the Company shall file one or more New Registration Statements in accordance with Section 2(c) until such time as all Registrable Securities have been included in Registration Statements that have been declared effective and the prospectus contained therein is available for use by the Investor. Notwithstanding any provision herein or in the Purchase Agreement to the contrary, the Company’s obligations to register Registrable Securities (and any related conditions to the Investor’s obligations) shall be qualified as necessary to comport with any requirement of the SEC or the Staff as addressed in this Section 2(d).

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!