Bondholders. The Seller agrees that the representations and warranties inure to the benefit of the Issuer and the Indenture Trustee for the benefit of the Series 2003-1 Bondholders.
Bondholders. Upon receipt of written request from the holder of the Bonds or the Trustee: (i) Owner shall provide to such holder reasonable evidence (including, if requested, certificates of insurance) that Owner is maintaining the policies of insurance required to be maintained by it pursuant to this Section; and
Bondholders. The Lessee shall not enter into any transaction constituting a consolidation, merger, conveyance, transfer, lease or dividend not permitted by Section l0(b)(3)(ii), irrespective of any consent or waiver of the Owner Participant, unless immediately after giving effect to such transaction, the Bonds (or, if the Bonds are not then rated, the preferred stock of the Surviving Lessee), after giving effect to such transaction, shall be rated at least "investment grade" by Standard & Poor's Corporation and Xxxxx'x Investors Service, Inc.
Bondholders. As soon as practicable, and in no event later than sixty Business Days after the date on which all Customer accounts are being billed under such new system, the Servicer shall notify the Issuer, the Indenture Trustee and the Rating Agencies of the same.
Bondholders. With respect to the Class A-2 Bonds, the certificate guaranty insurance policy number #AB0236BE, issued by the Bond Insurer to the Indenture Trustee for the benefit of the Class A-2 Bondholders.
Bondholders. (a) At the determination of the Manager, a Person shall be admitted as a Bondholder and shall become bound by the terms of this Agreement if such Person purchases or otherwise lawfully acquires any Bond in accordance with the provisions of Sections 2, 8 and 9 hereof. A Person may not become a Bondholder without acquiring a Bond. The Bond price is $500.00 per bond.
(b) The name and mailing address of each Bondholder shall be listed on the books and records of the Company maintained for such purpose by the Company (or the Transfer Agent, if any). The Manager shall update the books and records of the Company from time to time as necessary to reflect accurately the information therein (or shall cause the Transfer Agent to do so, as applicable).
(c) Except as otherwise provided in the Act, the debts, obligations and liabilities of the Company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the Company, and the Bondholders shall not be obligated personally for any such debt, obligation or liability of the Company solely by reason of being a Bondholder.
(d) Unless otherwise provided herein (including, without limitation, in connection with any redemption or repurchase pursuant to Section 8 or enforcement of the transfer and ownership restrictions contained in Sections 8 and 9), Bondholders may not be expelled from or removed as Bondholders of the Company. Except in connection with any Call of the Bond made at the discretion of the Manager established pursuant to Section 8.3, Bondholders shall not have any right to resign from the Company; provided, that when a transferee of a Bondholder’s Bonds becomes a Bondholder, such transferring Bondholder shall cease to be a Bondholder of the Company with respect to the Bonds so transferred.
(e) Except to the extent expressly provided in this Agreement: (i) no Bondholder shall be entitled to the withdrawal or return of its Capital Contribution, except to the extent, if any, that upon dissolution or termination of the Company may be considered as such by law and then only to the extent provided for in this Agreement; (ii) no Bondholder holding Bonds shall have priority over any other Bondholder; (iii) no Bondholder, in its capacity as such, shall participate in the operation or management of the business of the Company, transact any business in the Company’s name or have the power to sign documents for or otherwise bind the Company by reason of being a Bondholder.
(f...
Bondholders. All Bondholders now and hereafter admitted as such to the Company pursuant to powers of attorney now and hereafter executed in favor of and delivered to the Manager
Bondholders. The bond debt claims will be allowed, and will be completely resolved and satisfied through a cash payment from RGL Assets to the Indenture Trustee, for the benefit of the Bondholders pursuant to the Indenture, in an amount equal to the sum of (i) 83.42% of $397,413,324.50, which is the sum of the principal and prepetition interest of the bond debt, plus (ii) up to $6.0 million in payment of the allowed fees and expenses of the Indenture Trustee, its counsel and financial advisor, and counsel to the Ad Hoc Bondholders' Committee, subject to application for approval as a substantial contribution to these cases pursuant to section 503(b) of the Bankruptcy Code. The parties to the Plan Support Agreement, other than the RGL Debtors, agree not to object to such substantial contribution application. The RGL Debtors reserve the right to review and object to the application, but solely with respect to the reasonableness, compensability and allocation of the fees and expenses incurred. The consideration described in clause (i) above shall not be subject to reduction, setoff or recoupment of any kind or for any reason. The cash payment will be made to the Indenture Trustee on the Plan Effective Date to the extent of available cash, net of reasonable reserves for administrative and priority claims of the RGL Debtors, from RGL Assets, with any balance of the payment to be paid to the Indenture Trustee from time to time from available cash. Beginning January 1, 2007, interest shall accrue on any unpaid balance at the same rate of interest which Refco LLC earns on its invested cash and cash equivalents. Nothing in the Global Plan shall limit the charging lien of the Indenture Trustee under the Indenture.
Bondholders. If, at any time, any Trust Account ceases to be an Eligible Account, the Indenture Trustee, in the case of the Bond Distribution Account, or the Servicer, in the case of the Collection Account or the Escrow Account shall within 10 Business Days (or such longer period, not to exceed 30 calendar days, as to which each Rating Agency may consent) establish a new Trust Account, as applicable, as an Eligible Account and shall transfer any cash and/or any investments from the account that is no longer an Eligible Account to the new Trust Account.
(ii) The Servicer and the Special Servicer, as applicable, shall have the power, revocable by the Indenture Trustee or by the Issuer with the consent of the Indenture Trustee, to instruct the Indenture Trustee to make withdrawals and payments from the Bond Distribution Account for the purpose of permitting the Servicer or the Special Servicer to carry out its respective duties hereunder or permitting the Indenture Trustee to carry out its duties under the Indenture.
Bondholders. 14.1 The VPS Notes have the benefit of this Agreement and the provisions of this Agreement are binding on the Bondholders by their purchase, subscription or transfer of such VPS Notes.
14.2 The Bond Trustee has power and authority to act on behalf of the Bondholders and, as such, the Bondholders may not act directly towards the Issuer or institute legal proceedings against the Issuer.
