Further Conditions and Procedures for Purchase Sample Clauses

Further Conditions and Procedures for Purchase at the Option of the Holder Upon a Fundamental Change.
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Further Conditions and Procedures for Purchase at the Option of the Holder Upon a Fundamental Change and Purchase of Securities at the Option of the Holder.
Sample 1Sample 2
Further Conditions and Procedures for Purchase at the Option of the Holder Upon a Fundamental Change and Purchase of Securities at the Option of the Holder 28 Article 9 Conversion 31 Section 9.01. Conversion of Securities 31 Section 9.02. Adjustments to Conversion Rate 37 Section 9.03. Adjustment to Common Stock Delivered Upon Certain Fundamental Changes 43 Section 9.04. Effect of Recapitalizations, Reclassifications, and Changes of Common Stock 44 Section 9.05. Responsibility of Trustee 45 Section 9.06. Stockholder Rights Plan 46 Section 9.07. No Stockholder Rights 46 Section 9.08. Withholding Taxes for Adjustments in Conversation Rate 46 Article 10 Guarantee of Securities 46 Section 10.01. Securities Guarantee 46 Section 10.02. Release of A Guarantor; Termination Of Securities Guarantee 46 ARTICLE 11 Security Documents 47 Section 11.01. Collateral and Security Documents 47 Section 11.02. Recording and Opinions 47 Section 11.03. Release of Collateral 48 Section 11.04 Certificates of the Company 49 Section 11.05. Permitted Releases Not to Impair Lien; Trust Indenture Act Requirements 50 Section 11.06. Certificate of the Trustee 50 Section 11.07. Enforcement of Security Documents and Protection of Collateral 51 Section 11.08. Authorization of Receipt of Funds by Trustee Under the Security Documents 51 Section 11.09. Collateral Agent 51 Section 11.10. Designations 52 Section 11.11. Termination of Liens 52 Section 11.12. Excluded Securities 52 Section 11.13. Automatic Waiver of Covenants in Security Documents 52 Article 12 Miscellaneous 53 Section 12.01. Compliance with Trust Indenture Act 53 Section 12.02. No Defeasance 53 Section 12.03. Communication by Holders with other Holders 53 Section 12.04. Rules by Trustee, Paying Agent and Xxxxxxxxx 00 Section 12.05. Governing Law 53 Section 12.06. No Recourse Against Others 53 Section 12.07. Successors 53 Section 12.08. Multiple Originals 53 Section 12.09. Table of Contents; Headings 53 Section 12.10. Severability Clause 53 Section 12.11. Calculations 54 Section 12.12. Ratification and Incorporation of Original Indenture 54 EXHIBIT A Form of the Security FIRST SUPPLEMENTAL INDENTURE dated as of March 31, 2010, among Flotek Industries, Inc., a Delaware corporation (the “Company”), the guarantors listed on the signature page hereto (the “Initial Guarantors”) and U.S. Bank National Association, as Trustee (the “Trustee”). Each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of the Holders of the Company’s 5.25% C...
Sample 1

Related to Further Conditions and Procedures for Purchase

  • Further Conditions The obligations of each of the Agents to purchase Notes pursuant to any Terms Agreement will be subject to the following further conditions: (i) the rating assigned by any nationally recognized securities rating agency to any debt securities or other obligations of the Company as of the date of the applicable Terms Agreement shall not have been lowered since that date nor shall any such rating agency have publicly announced that it has placed any obligations of the Company on what is commonly termed a "watch list" for possible downgrading, and (ii) there shall not have come to such Agent's attention any facts that would cause such Agent to believe that the Prospectus, at the time it was required to be delivered to a purchaser of Notes, contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at such time, not misleading. If any condition specified in this Section shall not have been fulfilled, this Agreement and any Terms Agreement may be terminated by the Agents by notice to the Company at any time at or prior to the Closing Date or the applicable Settlement Date, and such termination shall be without liability of any party to any other party, except that the covenants set forth in Section 3(g) hereof, the provisions of Section 4 hereof, the indemnity and contribution agreements set forth in Sections 7 and 8 hereof, and the provisions of Sections 9 and 13 hereof shall remain in effect.

  • FURTHER CONDITIONS OF THE INVESTOR'S OBLIGATION TO PURCHASE The obligation of the Investor hereunder to purchase Shares is subject to the satisfaction, on or before each Closing Date, of each of the following conditions set forth below.

  • CONDITIONS PRECEDENT TO PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transaction contemplated hereunder shall in all respects be conditioned upon the satisfaction of each of the following conditions prior to or simultaneously with the Closing, any of which may be waived by Purchaser in its sole discretion by written notice to Seller at or prior to the Closing Date:

  • Conditions to Buyer’s Obligations The obligation of Buyer to consummate the transactions contemplated by this Agreement is subject to the satisfaction of the following conditions on or before the Closing Date:

  • Conditions to Purchasers’ Obligations at the Closing Purchasers’ obligation to purchase the Shares at the Closing are subject to the satisfaction, at or prior to the Closing Date, of the following conditions:

  • Closing Conditions (a) The obligations of the Company hereunder in connection with the Closing are subject to the following conditions being met:

  • CONDITIONS PRECEDENT TO BUYER'S OBLIGATIONS The obligations of Buyer to effect the Closing of the transactions contemplated hereby are subject to the fulfillment, prior to or at the Closing, of each of the following conditions, any of which may be waived in writing by Buyer:

  • Conditions Precedent to the Buyer’s Obligations The obligation of the Buyer to purchase and pay for the Transferred Assets is subject to the satisfaction (or waiver by the Buyer) as of the Closing of the following conditions:

  • Conditions and Closing 4.1 The Closing Date will occur on such date as may be determined by the Issuer in its sole discretion. The Issuer may, at its discretion, elect to close the Offering in one or more closings.

  • CONDITIONS TO PURCHASER'S OBLIGATIONS The obligation of Purchaser to consummate the transactions contemplated by this Agreement is subject to the satisfaction (unless waived in writing by Purchaser) of each of the following conditions on or prior to the Closing Date:

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