Maintenance of Listing. (a) For so long as any of the Senior Notes remain Outstanding, the Issuer and Co-Issuer shall use all reasonable efforts to arrange and maintain the listing of the Senior Notes on the Cayman Stock Exchange. (b) If the Senior Notes are listed on the Cayman Stock Exchange, the Issuer shall: (i) submit to the Cayman Stock Exchange draft copies of any proposed amendments to the Governing Documents which would affect the rights of the Holders of the Senior Notes listed on the Cayman Stock Exchange; (ii) pay the annual fee for listing the Senior Notes on the Cayman Stock Exchange, if any; and (iii) inform the Cayman Stock Exchange if the rating assigned to any of the Senior Notes is reduced or withdrawn. (c) All notices, documents, reports and other announcements delivered to such Company Announcements Office shall be in the English language. (d) Notwithstanding the foregoing, if the Collateral Manager on behalf of the Co-Issuers determines that the maintenance of the listing of any Class of Senior Notes on the Cayman Stock Exchange (or any alternative listing on another securities exchange) is unduly onerous or burdensome, the Co-Issuers will have the right to cause such Class of Senior Notes to be delisted from the Cayman Stock Exchange (or such other securities exchange). Without limiting the Collateral Manager’s discretion with respect to any determination that maintaining or obtaining a listing is unduly onerous or burdensome, the Collateral Manager may take into account various factors, including any requirement, resulting from a listing, that either Co-Issuer prepare financial statements of any particular kind or provide additional disclosure of any particular kind, in each case including any such requirement arising out of disclosure or transparency directives of the European Union or any other law or governmental rule. Notwithstanding the foregoing, the consent of a Majority of the Controlling Class shall be required unless the reason for delisting relates to a legal/compliance, regulatory, accounting or tax issue.
Appears in 1 contract
Maintenance of Listing. (a) For so long as any of the Senior Notes remain Outstanding, the Issuer and Co-Issuer shall use all reasonable efforts to arrange and maintain the listing of the Senior Notes (other than the Class A-1AR Notes) on the Cayman Irish Stock Exchange.
(b) If the Senior Notes (other than the Class A-1AR Notes) are listed on the Cayman Irish Stock Exchange, the Issuer shall:
(i) in each calendar year commencing in 2007, request from the Irish Stock Exchange a waiver of the Irish Stock Exchange's requirement to publish annual reports and accounts;
(ii) submit to the Cayman Irish Stock Exchange draft copies of any proposed amendments to the Governing Documents which would affect the rights of the Holders of the Senior Notes listed on the Cayman Irish Stock Exchange;
(iiiii) pay the annual fee for listing the Senior Notes (other than the Class A-1AR Notes) on the Cayman Irish Stock Exchange, if any; and
(iiiiv) inform the Cayman Irish Stock Exchange if the rating assigned to any of the Senior Notes is reduced or withdrawn.
(c) All notices, documents, reports and other announcements delivered to such Company Announcements Office shall be in the English language.
(d) Notwithstanding the foregoing, if the Collateral Manager on behalf of the Co-Issuers determines that the maintenance of the listing of any Class of Senior Notes on the Cayman Irish Stock Exchange (or any alternative listing on another securities exchange) is unduly onerous or burdensome, the Co-Issuers will have the right to cause such Class of Senior Notes to be delisted from the Cayman Irish Stock Exchange (or such other securities exchange). If any such delisting occurs with respect to such Class, the Issuer shall use reasonable efforts to apply for the alternative listing of such Class on such other securities exchange as the Collateral Manager on behalf of the Issuer may choose, except to the extent that the Collateral Manager determines on behalf of the Issuer that obtaining or maintaining such alternative listing would itself be unduly onerous or burdensome. Without limiting the Collateral Manager’s 's discretion with respect to any determination that maintaining or obtaining a listing is unduly onerous or burdensome, the Collateral Manager may take into account various factors, including any requirement, resulting from a listing, that either Co-Issuer prepare financial statements of any particular kind or provide additional disclosure of any particular kind, in each case including any such requirement arising out of disclosure or transparency directives of the European Union or any other law or governmental rule. Notwithstanding the foregoing, the consent of a Majority of the Controlling Class shall be required unless the reason for delisting relates to a legal/compliance, regulatory, accounting or tax issue.
Appears in 1 contract
Samples: Indenture (Arbor Realty Trust Inc)
Maintenance of Listing. (a) For so long as any of the Senior Notes remain Outstanding, the Issuer and Co-Issuer shall use all reasonable efforts to arrange and maintain the listing of the Senior Notes on the Cayman Irish Stock Exchange.
(b) If the Senior Notes are listed on the Cayman Irish Stock Exchange, the Issuer shall:
(i) in each calendar year commencing in 2006, request from the Irish Stock Exchange a waiver of the Irish Stock Exchange’s requirement to publish annual reports and accounts;
(ii) submit to the Cayman Irish Stock Exchange draft copies of any proposed amendments to the Governing Documents which would affect the rights of the Holders of the Senior Notes listed on the Cayman Irish Stock Exchange;
(iiiii) pay the annual fee for listing the Senior Notes on the Cayman Irish Stock Exchange, if any; and
(iiiiv) inform the Cayman Irish Stock Exchange if the rating assigned to any of the Senior Notes is reduced or withdrawn.
(c) All notices, documents, reports and other announcements delivered to such Company Announcements Office shall be in the English language.
(d) Notwithstanding the foregoing, if the Collateral Manager on behalf of the Co-Issuers determines that the maintenance of the listing of any Class of Senior Notes on the Cayman Irish Stock Exchange (or any alternative listing on another securities exchange) is unduly onerous or burdensome, the Co-Issuers will have the right to cause such Class of Senior Notes to be delisted from the Cayman Irish Stock Exchange (or such other securities exchange). Without limiting the Collateral Manager’s discretion with respect to any determination that maintaining or obtaining a listing is unduly onerous or burdensome, the Collateral Manager may take into account various factors, including any requirement, resulting from a listing, that either Co-Issuer prepare financial statements of any particular kind or provide additional disclosure of any particular kind, in each case including any such requirement arising out of disclosure or transparency directives of the European Union or any other law or governmental rule. Notwithstanding the foregoing, the consent of a Majority of the Controlling Class shall be required unless the reason for delisting relates to a legal/compliance, regulatory, accounting or tax issue. In the event any Class of Senior Notes is delisted pursuant to this Section 7.16(d), the Co-Issuers shall use reasonable efforts to obtain an alternative listing of such Class of Senior Notes on another securities exchange chosen by the Collateral Manager; provided, however, if the Collateral Manager determines that obtaining an alternative listing is unduly onerous or burdensome, the Co-Issuers shall not obtain an alternative listing for such Class of Senior Notes.
Appears in 1 contract
Samples: Indenture (Gramercy Capital Corp)
Maintenance of Listing. (a) For so long as any of the Senior Notes remain Outstanding, the Issuer and Co-Issuer shall use all reasonable efforts to arrange and maintain the listing of the Senior Notes on the Cayman Irish Stock Exchange.
(b) If the Senior Notes are listed on the Cayman Irish Stock Exchange, the Issuer shall:
(i) in each calendar year commencing in 2005, request from the Irish Stock Exchange a waiver of the Irish Stock Exchange's requirement to publish annual reports and accounts;
(ii) submit to the Cayman Irish Stock Exchange draft copies of any proposed amendments to the Governing Documents which would affect the rights of the Holders of the Senior Notes listed on the Cayman Irish Stock Exchange;
(iiiii) pay the annual fee for listing the Senior Notes on the Cayman Irish Stock Exchange, if any; and
(iiiiv) inform the Cayman Irish Stock Exchange if the rating assigned to any of the Senior Notes is reduced or withdrawn.
(c) All notices, documents, reports and other announcements delivered to such Company Announcements Office shall be in the English language.
(d) Notwithstanding the foregoing, if the Collateral Manager on behalf of the Co-Issuers determines that the maintenance of the listing of any Class of Senior Notes on the Cayman Irish Stock Exchange (or any alternative listing on another securities exchange) is unduly onerous or burdensome, the Co-Issuers will have the right to cause such Class of Senior Notes to be delisted from the Cayman Irish Stock Exchange (or such other securities exchange). Without limiting the Collateral Manager’s 's discretion with respect to any determination that maintaining or obtaining a listing is unduly onerous or burdensome, the Collateral Manager may take into account various factors, including any requirement, resulting from a listing, that either Co-Issuer prepare financial statements of any particular kind or provide additional disclosure of any particular kind, in each case including any such requirement arising out of disclosure or transparency directives of the European Union or any other law or governmental rule. Notwithstanding the foregoing, the consent of a Majority of the Controlling Class shall be required unless the reason for delisting relates to a legal/compliance, regulatory, accounting or tax issue.
Appears in 1 contract
Samples: Indenture (Arbor Realty Trust Inc)
Maintenance of Listing. (a) For so long as any of the Senior Notes remain Outstanding, the Issuer and Co-Issuer shall use all reasonable efforts to arrange and maintain the listing of the Senior Notes on the Cayman Irish Stock Exchange.
(b) If the Senior Notes are listed on the Cayman Irish Stock Exchange, the Issuer shall:
(i) in each calendar year commencing in 2006, request from the Irish Stock Exchange a waiver of the Irish Stock Exchange's requirement to publish annual reports and accounts;
(ii) submit to the Cayman Irish Stock Exchange draft copies of any proposed amendments to the Governing Documents which would affect the rights of the Holders of the Senior Notes listed on the Cayman Irish Stock Exchange;
(iiiii) pay the annual fee for listing the Senior Notes on the Cayman Irish Stock Exchange, if any; and
(iiiiv) inform the Cayman Irish Stock Exchange if the rating assigned to any of the Senior Notes is reduced or withdrawn.
(c) All notices, documents, reports and other announcements delivered to such Company Announcements Office shall be in the English language.
(d) Notwithstanding the foregoing, if the Collateral Manager on behalf of the Co-Issuers determines that the maintenance of the listing of any Class of Senior Notes on the Cayman Irish Stock Exchange (or any alternative listing on another securities exchange) is unduly onerous or burdensome, the Co-Issuers will have the right to cause such Class of Senior Notes to be delisted from the Cayman Irish Stock Exchange (or such other securities exchange). Without limiting the Collateral Manager’s 's discretion with respect to any determination that maintaining or obtaining a listing is unduly onerous or burdensome, the Collateral Manager may take into account various factors, including any requirement, resulting from a listing, that either Co-Issuer prepare financial statements of any particular kind or provide additional disclosure of any particular kind, in each case including any such requirement arising out of disclosure or transparency directives of the European Union or any other law or governmental rule. Notwithstanding the foregoing, the consent of a Majority of the Controlling Class shall be required unless the reason for delisting relates to a legal/compliance, regulatory, accounting or tax issue.
Appears in 1 contract
Samples: Indenture (Arbor Realty Trust Inc)
Maintenance of Listing. (a) For so long as any of the Senior Notes remain Outstanding, the Issuer and Co-Issuer shall use all reasonable efforts to arrange and maintain the listing of the Senior Notes on the Cayman Irish Stock Exchange.
(b) If the Senior Notes are listed on the Cayman Irish Stock Exchange, the Issuer shall:
(i) in each calendar year commencing in 2005, request from the Irish Stock Exchange a waiver of the Irish Stock Exchange’s requirement to publish annual reports and accounts;
(ii) submit to the Cayman Irish Stock Exchange draft copies of any proposed amendments to the Governing Documents which would affect the rights of the Holders of the Senior Notes listed on the Cayman Irish Stock Exchange;
(iiiii) pay the annual fee for listing the Senior Notes on the Cayman Irish Stock Exchange, if any; and
(iiiiv) inform the Cayman Irish Stock Exchange if the rating assigned to any of the Senior Notes is reduced or withdrawn.
(c) All notices, documents, reports and other announcements delivered to such Company Announcements Office shall be in the English language.
(d) Notwithstanding the foregoing, if the Collateral Manager on behalf of the Co-Issuers determines that the maintenance of the listing of any Class of Senior Notes on the Cayman Irish Stock Exchange (or any alternative listing on another securities exchange) is unduly onerous or burdensome, the Co-Issuers will have the right to cause such Class of Senior Notes to be delisted from the Cayman Irish Stock Exchange (or such other securities exchange). Without limiting the Collateral Manager’s discretion with respect to any determination that maintaining or obtaining a listing is unduly onerous or burdensome, the Collateral Manager may take into account various factors, including any requirement, resulting from a listing, that either Co-Issuer prepare financial statements of any particular kind or provide additional disclosure of any particular kind, in each case including any such requirement arising out of disclosure or transparency directives of the European Union or any other law or governmental rule. Notwithstanding the foregoing, the consent of a Majority of the Controlling Class shall be required unless the reason for delisting relates to a legal/compliance, regulatory, accounting or tax issue.
Appears in 1 contract
Samples: Indenture (Gramercy Capital Corp)
Maintenance of Listing. (a) For so long as any of the Senior Offered Notes remain Outstanding, the Issuer and Co-Issuer shall use all reasonable efforts to arrange and maintain the listing of the Senior Offered Notes on the Cayman Irish Stock Exchange.
(b) If the Senior Offered Notes are listed on the Cayman Irish Stock Exchange, the Issuer shall:
(i) in each calendar year commencing in 2007, request from the Irish Stock Exchange a waiver of the Irish Stock Exchange’s requirement to publish annual reports and accounts;
(ii) submit to the Cayman Irish Stock Exchange draft copies of any proposed amendments to the Governing Documents which would affect the rights of the Holders of the Senior Offered Notes listed on the Cayman Irish Stock Exchange;
(iiiii) pay the annual fee for listing the Senior Offered Notes on the Cayman Irish Stock Exchange, if any; and
(iiiiv) inform the Cayman Irish Stock Exchange if the rating assigned to any of the Senior Offered Notes is reduced or withdrawn.
(c) All notices, documents, reports and other announcements delivered to such Company Announcements Office shall be in the English language.
(d) Notwithstanding the foregoing, if the Collateral Manager on behalf of the Co-Issuers determines that the maintenance of the listing of any Class of Senior Offered Notes on the Cayman Irish Stock Exchange (or any alternative listing on another securities exchange) is unduly onerous or burdensome, the Co-Issuers will shall have the right to cause such Class of Senior Offered Notes to be delisted from the Cayman Irish Stock Exchange (or such other securities exchange). Without limiting the Collateral Manager’s discretion with respect to any determination that maintaining or obtaining a listing is unduly onerous or burdensome, the Collateral Manager may take into account various factors, including any requirement, resulting from a listing, that either Co-Issuer prepare financial statements of any particular kind or provide additional disclosure of any particular kind, in each case including any such requirement arising out of disclosure or transparency directives of the European Union or any other law or governmental rule. Notwithstanding the foregoing, the consent of a Majority of the Controlling Class shall be required unless the reason for delisting relates to a legal/compliance, regulatory, accounting or tax issue. In the event any Class of Offered Notes is delisted pursuant to this Section 7.16(d), the Co-Issuers shall use reasonable efforts to obtain an alternative listing of such Class of Offered Notes on another securities exchange chosen by the Collateral Manager; provided, however, if the Collateral Manager determines that obtaining an alternative listing is unduly onerous or burdensome, the Co-Issuers shall not obtain an alternative listing for such Class of Offered Notes.
Appears in 1 contract
Samples: Indenture (Gramercy Capital Corp)
Maintenance of Listing. (a) For so long as any of the Senior Notes remain Outstanding, the Issuer and Co-Issuer shall use all reasonable efforts to arrange and maintain the listing of the Senior Notes on the Cayman Irish Stock Exchange.
(b) If the Senior Notes (other than the Class A-1R Notes) are listed on the Cayman Irish Stock Exchange, the Issuer shall:
(i) in each calendar year commencing in 2007, request from the Irish Stock Exchange a waiver of the Irish Stock Exchange’s requirement to publish annual reports and accounts;
(ii) submit to the Cayman Irish Stock Exchange draft copies of any proposed amendments to the Governing Documents which would affect the rights of the Holders of the Senior Notes Noteholders listed on the Cayman Irish Stock Exchange;
(iiiii) pay the annual fee for listing the Senior Notes on the Cayman Irish Stock Exchange, if any; and
(iiiiv) inform the Cayman Irish Stock Exchange if the rating assigned to any of the Senior Notes is reduced or withdrawn.
(c) All notices, documents, reports and other announcements delivered to such Company Announcements Office shall be in the English language.
(d) Notwithstanding the foregoing, if the Collateral Manager on behalf of the Co-Issuers Issuer determines that the maintenance of the listing of any Class of Senior Notes (other than the Class A-1R Notes) on the Cayman Irish Stock Exchange (or any alternative listing on another securities exchange) is unduly onerous or burdensome, the Co-Issuers Issuer will have the right to cause such Class of Senior Notes to be delisted from the Cayman Irish Stock Exchange (or such other securities exchange). Without limiting the Collateral Manager’s discretion with respect to any determination that maintaining or obtaining a listing is unduly onerous or burdensome, the Collateral Manager may take into account various factors, including any requirement, resulting from a listing, that either Co-the Issuer prepare financial statements of any particular kind or provide additional disclosure of any particular kind, in each case including any such requirement arising out of disclosure or transparency directives of the European Union or any other law or governmental rule. Notwithstanding the foregoing, the consent of a Majority of the Controlling Class shall be required unless the reason for delisting relates to a legal/compliance, regulatory, accounting or tax issue.
Appears in 1 contract
Samples: Indenture (Capitalsource Inc)