Pursuant to the Registration. Rights ------------------- Agreement, the Company and the Guarantors will be obligated upon the occurrence of certain events to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 10 1/8% Senior Subordinated Note due 2009, of the Company (an "Unrestricted Note") which has been registered under the Securities Act, in like principal amount and having terms identical in all material respects as this Note. The Holders shall be entitled to receive certain additional interest payments in the event such exchange offer is not consummated and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement.
Pursuant to the Registration. Rights ------------------- Agreement by and among the Company, the Guarantors and the Initial Purchasers, the Company will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for the Company's Series B 11 3/8% Senior Subordinated Notes due 2008 (the "Exchange -------- Notes"), which have been registered under the Securities Act, in like principal ----- amount and having terms identical in all material respects to the Initial Notes. The Holders of the Initial Notes shall be entitled to receive certain additional interest payments in the event such exchange offer is not consummated and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement.
Pursuant to the Registration. Rights Agreement, the Company is obligated to consummate an exchange offer pursuant to which the Holders of Initial Notes shall have the right to exchange the Initial Notes for 14% Senior Notes due 2010, Series B, of the Company (herein called the "Exchange Notes"), which will have been registered under the Securities Act, in like principal amount and having identical terms as the Initial Notes (other than as set forth in this paragraph). The Holders of Initial Notes shall be entitled to receive, as liquidated damages, certain additional interest payments in the event such exchange offer is not consummated within a specified period and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement and the Indenture.
Pursuant to the Registration. Rights Agreement (as defined in the Indenture), the Company will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for the Company's 9-1/4% Senior Subordinated Notes due 2011 in the form of Exchange Notes, which shall have been registered under the Securities Act, or the Company's 9-1/4% Senior Subordinated Private Exchange Notes due 2011 (the "Private Exchange Notes"), in each case in like principal amount and having terms identical in all material respects to the Initial Notes. The Holders of the Initial Notes shall be entitled to receive certain additional interest payments if such exchange offer is not consummated and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. The Company shall notify the Trustee of the amount of any such payments.
Pursuant to the Registration of the Diana Shares hexxxxxer:
Pursuant to the Registration. Rights Agreement by and between the Company and the Initial Purchasers, the Company will be obligated to consummate an exchange offer pursuant to which the Holder of this Security shall have the right to exchange this Security for 10-3/8% Senior Notes due 2005, Series B, of the Company (herein called the "Exchange Securities"), which have been registered under the Securities Act, in like principal amount and having identical terms as the Securities (other than as set forth in this paragraph). The Holders of Securities shall be entitled to receive certain additional interest payments in the event such exchange offer is not consummated and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement.
Pursuant to the Registration. Rights ------------------- Agreement, the Company and the Guarantors will be obligated upon the occurrence of certain events to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Series A Note for a 10 1/4% Senior Subordinated Note due 2007, Series B, of the Company (an "Unrestricted Note") which have been registered under the Securities Act, in like principal amount and having terms identical in all material respects as the Series A Notes. The Holders shall be entitled to receive certain additional interest payments in the event such exchange offer is not consummated and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement.
Pursuant to the Registration. Rights Agreement (as defined in the Indenture), the Company will have certain obligations to the Holders of the Exchange Notes and the Private Exchange Notes. The Holders of the Exchange Notes and the Private Exchange Notes shall be entitled to receive certain additional interest payments upon certain conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. The Company shall notify the Trustee of the amount of any such payments.]5 The Company will furnish to any Holder of a Note upon written request and without charge a copy of the Indenture, which has the text of this Note in larger type. Requests may be made to: TEREX CORPORATION, 000 Xxxx Xxxx Xxxx, Xxxxxxxx, XX 00000, Attn: Secretary. _____________________ 5 To be included if applicable. [FORM OF NOTATION ON NOTE RELATING TO SUBSIDIARY GUARANTEE] SUBSIDIARY GUARANTEE
Pursuant to the Registration. Rights Agreement the Issuers have agreed for the benefit of the Holders of the Notes, that (i) they will, at their cost, within 135 days after the closing of the sale of the Notes (the "CLOSING"), file a shelf registration statement (the "SHELF REGISTRATION STATEMENT") with the US Securities and Exchange Commission (the "COMMISSION") with respect to resales of the Notes and the Common Stock issuable upon conversion thereof, (ii) they will use their best efforts to cause such Shelf Registration Statement to be declared effective within 255 days after the Closing, and (iii) they will use their best efforts to keep such Shelf Registration Statement continuously effective under the Securities Act, subject to certain exceptions specified in the Registration Rights Agreement until the second anniversary of the date of the Closing. If (a) the Issuers fail to file the Shelf Registration Statement required by the Registration Rights Agreement on or before the date specified above for such filing, (b) such Shelf Registration Statement is not declared effective by the Commission on or prior to the date specified above for such effectiveness, or (c) the Shelf Registration Statement is declared effective but thereafter ceases to be effective or useable in connection with resales of Transfer Restricted Securities (as defined in the Registration Rights Agreement) during the periods specified in the Registration Rights Agreement (each such event referred to in clauses (a) through (c) above a "REGISTRATION DEFAULT"), then the Issuers will pay liquidated damages to each Holder of Transfer Restricted Securities, with respect to the first 90-day period immediately following the occurrence of such Registration Default in an amount equal to $.05 per week per $1,000 principal amount of Notes constituting Transfer Restricted Securities held by such Holder ("LIQUIDATED DAMAGES"), provided that a Holder of Transfer Restricted Securities shall not be entitled to the benefit of any Liquidated Damages unless and until such Holder shall have furnished to the Issuers the information required by Section 4(l) of the Registration Rights Agreement. The amount of Liquidated Damages will increase by an additional $.05 per week per $1,000 principal amount constituting Transfer Restricted Securities with respect to each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum amount of Liquidated Damages of $.50 per week per $1,000 principal amount of Notes cons...
Pursuant to the Registration. Rights Agreement among the Issuers, the Subsidiary Guarantors and the Initial Purchasers, the Issuers and the Subsidiary Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for the Issuers' 11 1/2% Senior Notes due 2004, Series B (the "Exchange Notes"), which have been registered under the Securities Act, in like principal amount and having terms identical in all material respects as the Initial Notes. The Holders of the Initial Notes shall be entitled to receive certain additional interest payments in the event such exchange offer is not consummated and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement.
