Convertible Notes Indenture. In connection with the determination of Stockholders’ Equity for the Fiscal Quarter ended September 30, 2023 or, if later, the last full Fiscal Quarter to end prior to the 2.875% Maturity Date, the Borrower hereby undertakes that it will act in good faith and will provide to the Facility Agent no later than September 24, 2023 or, if later, no later than 6 days prior to the end of the last full Fiscal Quarter to end prior to the 2.875% Maturity Date written confirmation of the actual amount of 2.875% Converted Debt it has elected to settle (i) in equity, (ii) in cash and (iii) in cash generated from equity issued for the purpose of settling the 2.875% Converted Debt obligation in cash, together with copies of all notices of conversion provided to the noteholders pursuant to section 14.02 of the 2.875% Convertible Notes Indenture.” Schedule 4 Form of Guarantor Confirmation Certificate [Insert name of relevant Guarantor here] GUARANTOR’S CERTIFICATE _______________, 2022 This Certificate is delivered on behalf of [Insert name of relevant Guarantor here] (the Guarantor), a [company][corporation] incorporated in [●]. [I][We], [insert name of the authorized officers/directors], the undersigned, in [my][our] capacity as [[a] duly authorized officer[s]] [or][director] of the Guarantor and not in any individual capacity, do hereby confirm in relation to the Agreements (each as more particularly defined in Schedule 1 of this Certificate) as follows:
Convertible Notes Indenture. (b) At the Effective Time of the Merger, each Warrant (as defined in Section 3.01(c)) which is outstanding and unexercised immediately prior thereto shall, pursuant to the terms of such Warrant, cease to represent a right to acquire shares of Company Common Stock and shall be converted automatically into a warrant to purchase such number of shares of Parent Common Stock as the holder of such Warrant would have been entitled to receive pursuant to the Merger had such holder exercised such warrant in full immediately prior to the Effective Time of the Merger, at a price per share equal to (y) the aggregate exercise price for the shares of Company Common Stock otherwise purchasable pursuant to such Warrant divided by (z) the number of full shares of Parent Common Stock deemed purchasable pursuant to such Warrant, and subject to future adjustments in accordance with the terms of such Warrant. Notwithstanding the foregoing, in the case of the Class F Warrants, Parent shall issue a new warrant certificate in exchange for the old warrant certificate.
Convertible Notes Indenture. No Designated Senior Indebtedness exists other than the Indebtedness evidenced by this Agreement and the other Loan Documents.
Convertible Notes Indenture. “Convertible Notes Indenture” shall mean the Indenture, dated as of September 9, 2019, between the Company and Wilmington Trust, National Association.
Convertible Notes Indenture. The Indenture dated as of August 12, 2008, as supplemented by the First Supplemental Indenture dated as of August 12, 2008, the Second Supplemental Indenture dated as of July 20, 2009, the Third Supplemental Indenture dated as of August 28, 2009, the Fourth Supplemental Indenture dated as of April 30, 2010, the Fifth Supplemental Indenture dated as of June 29, 2010 and the Sixth Supplemental Indenture dated as of June 1, 2011, by and among Alpha Appalachia Holdings, Inc. (formerly Xxxxxx Energy Company), a Delaware corporation (“Xxxxxx”), certain subsidiaries of Xxxxxx, as guarantors, and Wilmington Trust Company, as trustee
Convertible Notes Indenture. The Account Custodian shall be fully protected in relying on an instruction from the Collateral Agent, which shall have the completed Request (as defined below) attached, and which shall be received by the Account Custodian two Business Days prior to the release date.
Convertible Notes Indenture. In connection with the determination of Stockholders’ Equity for the Fiscal Quarter ended September 30, 2023 or, if later, the last full Fiscal Quarter to end prior to the 2.875% Maturity Date, the Borrower hereby undertakes that it will act in good faith and will provide to the Facility Agent no later than September 24, 2023 or, if later, no later than 6 days prior to the end of the last full Fiscal Quarter to end prior to the 2.875% Maturity Date written confirmation of the actual amount of 2.875% Converted Debt it has elected to settle (i) in equity, (ii) in cash and (iii) in cash generated from equity issued for the purpose of settling the 2.875% Converted Debt obligation in cash, together with copies of all notices of conversion provided to the noteholders pursuant to section 14.02 of the 2.875% Convertible Notes Indenture.
