Notes held by the Issuer etc. In the absence of knowledge or express notice to the contrary, the Trustee may assume without enquiry (other than requesting a certificate of the Issuer under Clause 9.15) that no Notes are for the time being held by or on behalf of the Issuer, any Holding Company of the Issuer or any subsidiary of the Issuer.
Notes held by the Issuer etc in order to enable the Trustee to ascertain the principal amount of Notes for the time being outstanding, deliver to the Trustee as soon as reasonably practicable, upon being so requested in writing by the Trustee, a certificate in writing signed by two authorised signatories of the Issuer setting out the total number of Notes which up to and including the date of such certificate have been purchased by the Issuer or any of its subsidiaries or affiliates in the ordinary course of business and are beneficially held by, or are held on behalf of, any such company and not cancelled;
Notes held by the Issuer etc send to the Trustee as soon as practicable after being so requested by the Trustee a certificate of the Issuer or a Guarantor signed by any authorised signatory on behalf of the Issuer or such Guarantor (and, in the case of the Company, signed by two authorised signatories) setting out the total number of Notes which, at the date of such certificate, were held by or on behalf of the Issuer or such Guarantor or any subsidiary of such Guarantor and which had not been cancelled;
Notes held by the Issuer etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Issuer, the Company or any of their respective Affiliates shall be deemed not to be outstanding.
Notes held by the Issuer etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Registrable Notes or Exchange Notes is required hereunder, Registrable Notes or Exchange Notes held by the Issuer, the Guarantors or their Affiliates (other than subsequent Holders of Registrable Notes or Exchange Notes if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such notes) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Please confirm that the foregoing correctly sets forth the agreement between the Issuer and the Initial Purchaser. Very truly yours, XXXXX & LORD, INC. By:/s/ Xxxxxxx X. Xxxxxx --------------------- Name: Xxxxxxx X. Xxxxxx Title: Executive Vice President XXXXX & LORD INDUSTRIES, INC. By: /s/ Xxxxxxx X. Xxxxxx ---------------------- Name: Xxxxxxx X. Xxxxxx Title: Executive Vice President G & L SERVICE COMPANY, NORTH AMERICA, INC. By: /s/ Xxxxxxx X. Xxxxxx ---------------------- Name: Xxxxxxx X. Xxxxxx Title: Vice President SWIFT TEXTILES, INC. By: /s/ Xxxxxxx X. Xxxxxx --------------------- Name: Xxxxxxx X. Xxxxxx Title: Executive Vice President SWIFT DENIM SERVICES, INC. By: /s/ Xxxxxxx X. Xxxxxx ----------------------- Name: Xxxxxxx X. Xxxxxx Title: Executive Vice President The foregoing Agreement is hereby accepted as of the date first above written. FIRST UNION CAPITAL MARKETS A DIVISION OF WHEAT FIRST SECURITIES, INC. By: /s/ Xxxxxx X. Xxxxxx --------------------- Name: Xxxxxx X. Xxxxxx Title: Senior Director
Notes held by the Issuer etc. Whenever the consent or ------------------------------ approval of Holders of a specified percentage of principal amount of Registrable Notes is required hereunder, Registrable Notes, held by the Issuer or its Affiliates (other than subsequent Holders of Registrable Notes if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Registrable Notes) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.
Notes held by the Issuer etc. Whenever the consent or approval ------------------------------ of Holders of a specified percentage of principal amount of Transfer Restricted Notes or Exchange Notes is required hereunder, Transfer Restricted Notes or Exchange Notes held by the Issuer or its Affiliates (other than subsequent Holders of Transfer Restricted Notes or Exchange Notes if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such notes) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Please confirm that the foregoing correctly sets forth the agreement between the Issuer and the Initial Purchaser. Very truly yours, BGF INDUSTRIES, INC. By: /s/ Xxxxxxxx Xxxxxx ------------------------------------ Name: Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer, Secretary, Treasurer The foregoing Agreement is hereby accepted as of the date first written above. FIRST UNION CAPITAL MARKETS, A DIVISION OF WHEAT FIRST SECURITIES, INC. By: /s/ Xxxxxxx X. Xxxx -------------------------- Name: Xxxxxxx X. Xxxx Title: Director
Notes held by the Issuer etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Notes or Exchange Notes is required hereunder, Notes or Exchange Notes, as applicable, held by the Issuer or its Affiliates (other than subsequent Holders of Notes or Exchange Notes if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Notes or Exchange Notes) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.
Notes held by the Issuer etc. Whenever the consent or approval ------------------------------ of Holders of a specified percentage of principal amount of Transfer Restricted Notes or Exchange Notes is required hereunder, Transfer Restricted Notes or Exchange Notes held by the Issuer, the Subsidiary Guarantors or their Affiliates (other than subsequent Holders of Transfer Restricted Notes or Exchange Notes if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such notes) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Please confirm that the foregoing correctly sets forth the agreement among the Issuer, the Subsidiary Guarantors and the Initial Purchasers. Very truly yours, GLOBAL IMAGING SYSTEMS, INC. By /s/ Xxxxxxx Xxxxxxxxx ----------------------------------------------- Name: Xxxxxxx Xxxxxxxxx Title: Vice President, Chief Financial Officer, Secretary and Treasurer Each SUBSIDIARY GUARANTOR listed on Annex A attached hereto By /s/ Xxxxxxx Xxxxxxxxx ----------------------------------------------- Name: Xxxxxxx Xxxxxxxxx, on behalf of, and in his capacity as an authorized signatory for, each of the Subsidiary Guarantors listed on Annex A hereto The foregoing Agreement is hereby confirmed and accepted as of the date first above written. FIRST UNION CAPITAL MARKETS CORP. PRUDENTIAL SECURITIES INCORPORATED XXXXXXX XXXXX & ASSOCIATES, INC. SCOTIA CAPITAL MARKETS (USA) INC. By FIRST UNION CAPITAL MARKETS CORP. By /s/ Xxxx Xxxxx ---------------------------- Name: Xxxx Xxxxx Title: Managing Director For itself and on behalf of the other Initial Purchasers ANNEX A Subsidiary Guarantors ---------------------
Notes held by the Issuer etc. Send to the Trustee as soon as practicable after being so requested by the Trustee a certificate of the Issuer signed by any two of its Directors on behalf of the Issuer setting out the total number of Notes which, at the date of such certificate, were held by or on behalf of the Issuer or any Subsidiary of the Issuer and which had not been cancelled;
