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. 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
ANNEX A Each broker-dealer that receives Exchange Notes for its own account pursuant to the Registered Exchange Offer must acknowledge that it will deliver a prospectus in connection with any resale of such Exchange Notes. The Letter of Transmittal states that by so acknowledging and by delivering a prospectus, a broker-dealer will not be deemed to admit that it is an "underwriter" within the meaning of the Act. This Prospectus, as it may be amended or supplemented from time to time, may be used by a broker-dealer in connection with resales of Exchange Notes received in exchange for Notes where such Notes were acquired by such broker-dealer as a result of market-making activities or other trading activities. The Company has agreed that, starting on the Expiration Date and ending on the close of business one year after the Expiration Date, it will make this Prospectus available to any broker-dealer for use in connecti...
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. Send to the Trustee as soon as reasonably practicable after being so requested by the Trustee a certificate of the Issuer or the relevant Guarantor, as the case may be, signed by any two of their respective directors stating the number of Notes held at the date of such certificate by or on behalf of the Issuer or the relevant Guarantor, as the case may be, or their respective Subsidiaries.
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 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. 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, the Notes or any other Purchase Document, or have directed the taking of any action provided in this Agreement, in the Notes or in any other Purchase Document 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 or any of its Affiliates (other than WCAS or any Person Affiliated with WCAS that does not have an ownership interest in the Issuer) 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 Transfer Restricted Notes or Exchange Notes is required hereunder, Transfer Restricted Notes or Exchange Notes held by the Issuer or its
