Securities Held by the Issuers Sample Clauses

Securities Held by the Issuers. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities is required hereunder, Securities held by the Issuers or their affiliates (other than subsequent Holders of Securities if such subsequent Holders are deemed to be affiliates solely by reason of their holdings of such Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.
Sample 1Sample 2Sample 3See All (16)
AutoNDA by SimpleDocs
Securities Held by the Issuers. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities is required hereunder, Securities held by the Issuers or their affiliates (other than subsequent Holders of Securities if such subsequent Holders are deemed to be affiliates solely by reason of their holdings of such Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Issuers a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement between the Purchasers and the Issuers in accordance with its terms. RSC EQUIPMENT RENTAL, INC. By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice President, General Counsel and Corporate Secretary RSC HOLDINGS III, LLC By: RSC Holdings II, LLC, its manager and sole member By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice President, General Counsel and Corporate Secretary Accepted as of the date hereof: Deutsche Bank Securities Inc. Xxxxxx Xxxxxxx & Co. Incorporated Banc of America Securities LLC X.X. Xxxxxx Securities Inc. Xxxxx Fargo Securities, LLC Barclays Capital Inc. Acting severally on behalf of themselves and the several Purchasers By: Deutsche Bank Securities Inc. By: /s/ Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: Managing Director By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Managing Director ANNEX A Each broker-dealer that receives Exchange Notes for its own account pursuant to the 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 Securities 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 Existing Notes where such Existing Notes were acquired by such broker-dealer as a result of market-making activities or other trading activities. The Issuers have agreed that, for a period of 90 days after the Expiration Date (as defined herein), it will make this Prospectus available to any broker-dealer for use in connection with any such resale. See “Plan of Distribution”.
Sample 1See All (12)
Securities Held by the Issuers. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities or Exchange Notes is required hereunder, Securities or Exchange Notes, as applicable, held by any Issuer or its Affiliates (other than subsequent Holders of Securities or Exchange Notes if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities or Exchange Notes) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this Agreement and your acceptance shall represent a binding agreement between the Issuers and the several Initial Purchasers. Very truly yours, NRG YIELD OPERATING LLC By: /s/ G. Xxxx Xxxxxx Name: G. Xxxx Xxxxxx Title: Vice President and Treasurer NRG YIELD LLC NRG ENERGY CENTER OMAHA HOLDINGS LLC By: /s/ G. Xxxx Xxxxxx By: /s/ Gaëtan Frotté Name: G. Xxxx Xxxxxx Name: Gaëtan Frotté Title: Vice President and Treasurer Title: Vice President and Treasurer NRG ENERGY CENTER OMAHA LLC NRG SOUTH TRENT HOLDINGS LLC By: /s/ Gaëtan Frotté By: /s/ G. Xxxx Xxxxxx Name: Gaëtan Frotté Name: G. Xxxx Xxxxxx Title: Vice President and Treasurer Title: Treasurer Accepted as of the date hereof XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED Acting on behalf of itself and as the Representative of the several Initial Purchasers By: Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Managing Director SCHEDULE I Initial Purchasers Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated Citigroup Global Markets Inc. Xxxxxxx, Sachs & Co. RBC Capital Markets, LLC Barclays Capital Inc. Credit Suisse Securities (USA) LLC Deutsche Bank Securities Inc. KeyBanc Capital Markets Inc. Xxxxxx Xxxxxxx & Co. LLC Mitsubishi UFG Securities (USA), Inc. ANNEX A Each Broker-Dealer that receives Exchange Notes for its own account pursuant to the 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 resale...
Sample 1
Securities Held by the Issuers. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities is required hereunder, Securities held by the Issuers or their affiliates (other than subsequent Holders of Securities if such subsequent Holders are deemed to be affiliates solely by reason of their holdings of such Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. 34 34 If the foregoing is in accordance with your understanding of our agreement, please sign and return to Bear Steaxxx & Xo. Inc. a counterpart hereof, whereupon this Agreement will become a binding agreement among Globalstar, Globalstar Capital and the several Initial Purchasers in accordance with its terms. Very truly yours, GLOBALSTAR, L.P. by LORAL/QUALCOMM SATELLITE SERVICES, L.P., its managing general partner, by LORAL/QUALCOMM PARTNERSHIP, L.P. its general partner, by LORAL GENERAL PARTNER, INC. its general partner, /s/ Eric X. Xxxxxx by ________________________________ Name: Title: GLOBALSTAR CAPITAL CORPORATION, /s/ Eric X. Xxxxxx by ________________________________ Name: Title:
Sample 1
Securities Held by the Issuers. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities is required hereunder, Securities held by the Issuers or their affiliates (other than subsequent Holders of Securities if such subsequent Holders are deemed to be affiliates solely by reason of their holdings of such Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Issuers a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement between the Purchasers and the Issuers in accordance with its terms. Very truly yours, RENTAL SERVICE CORPORATION By: /s/ Keith A. Sawottke ------------------------------------ Name: Keith A. Sawottke ---------------------------------- Title: Senior Vice President and Chief Financial Officer --------------------------------- RSC HOLDINGS III, LLC By: /s/ Keith A. Sawottke ------------------------------------ Name: Keith A. Sawottke ---------------------------------- Title: Senior Vice President and Chief Financial Officer --------------------------------- Registration Rights Accepted as of the date hereof Deutsche Bank Securities Inc. Citigroup Global Markets Inc. Acting severally on behalf of themselves and the several Purchasers By: Deutsche Bank Securities Inc. By: /s/ Edwin E. Roland --------------------------------- Name: Edwin X. Xxxxxx ------------------------------- Title: Managixx Xxxxxxxx ------------------------------ By: /s/ Stephanie L. Perry --------------------------------- Name: Stexxxxxx X. Xxxxx ------------------------------- Title: Dirxxxxx ------------------------------ Registration Rights
Sample 1
Securities Held by the Issuers. If the foregoing is in accordance with your understanding of our agreement, please sign and return to Bear Steaxxx & Xo. Inc. a counterpart hereof, whereupon this Agreement will become a binding agreement among Globalstar, Globalstar Capital and the several Initial Purchasers in accordance with its terms. Very truly yours, GLOBALSTAR, L.P. by LORAL/QUALCOMM SATELLITE SERVICES, L.P., its managing general partner, by LORAL/QUALCOMM PARTNERSHIP, L.P. its general partner, by LORAL GENERAL PARTNER, INC. its general partner, by /s/ Eric Xxxxxx ---------------------------------- Name: Eric Xxxxxx Title: Vice President GLOBALSTAR CAPITAL CORPORATION, by /s/ Dougxxx X. Xxxxx ---------------------------------- Name: Dougxxx X. Xxxxx Title: Vice President 33 The foregoing Registration Rights Agreement is hereby confirmed and accepted as of the date first above written. BEAR, STEAXXX & XO. INC. by /s/ J. Andrxx Xxxxx ---------------------------------- Name: J. Andrxx Xxxxx Title: Senior Managing Director LEHMXX XXXTHERS INC. by /s/ Stepxxx Xxxxx ---------------------------------- Name: Stepxxx Xxxxx Title: Vice President DONAXXXXX, XXFKIN & JENRXXXX XECURITIES CORPORATION by /s/ Hoyt Xxxxxxxx ---------------------------------- Name: Hoyt Xxxxxxxx Title: Managing Director BANCAMERICA ROBEXXXXX XXXPXXXX by /s/ Mark X. Xxxxxx ---------------------------------- Name: Mark X. Xxxxxx Title: Managing Director
Sample 1
Securities Held by the Issuers. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities is required hereunder, Securities held by the Issuers or their affiliates (other than subsequent Holders of Securities if such subsequent Holders are deemed to be affiliates solely by reason of their holdings of such Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Issuers a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement among the several Initial Purchasers and the Issuers, in accordance with its terms. Very truly yours, Dynegy Inc. By: /s/ Xxxxxx X. Xxx ------------------------------------- Title: Sr. Vice President and Treasurer Dynegy Holdings Inc. By: /s/ Xxxxxxx Xxxx ------------------------------------- Title: Assistant Treasurer The foregoing Registration Rights Agreement is hereby confirmed and accepted as of the date first above written. Credit Suisse First Boston llc Xxxxxx Xxxxxxx & Co. Incorporated X.X. Xxxxxx Securities Inc. Xxxxxx Brothers Inc. Credit Lyonnais Securities (USA) Inc. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated By: Credit Suisse First Boston llc By: /s/ Xxxxx Xxxxx ------------------------------------- Title: Managing Director
Sample 1
AutoNDA by SimpleDocs

Related to Securities Held by the Issuers

  • Securities Held by the Issuers, etc Whenever the consent or approval of holders of a specified percentage of principal amount of Registrable Securities or Exchange Notes is required hereunder, Registrable Securities or Exchange Notes, as applicable, held by the Issuers or their affiliates (other than subsequent holders of Registrable Securities or Exchange Notes if such subsequent holders are deemed to be affiliates solely by reason of their holdings of such Registrable Securities or Exchange Notes) shall not be counted in determining whether such consent or approval was given by the holders of such required percentage.

  • Securities Held by the Company Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities is required hereunder, Securities held by the Company or its affiliates (other than subsequent Holders of Securities if such subsequent Holders are deemed to be affiliates solely by reason of their holdings of such Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.

  • Securities Held by the Company, etc Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities or New Securities is required hereunder, Securities or New Securities, as applicable, held by the Company or its Affiliates (other than subsequent Holders of Securities or New Securities if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities or New Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement between the Company and the several Initial Purchasers. Very truly yours, Citizens Communications Company By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Chief Financial Officer The foregoing Agreement is hereby confirmed and accepted as of the date first above written. Citigroup Global Markets Inc. Credit Suisse Securities (USA) LLC X.X. Xxxxxx Securities Inc. By: Citigroup Global Markets Inc. By: /s/ Xxxx X. XxxXxxxxx Name: Xxxx X. XxxXxxxxx Title: Managing Director For themselves and the other several Initial Purchasers named in Schedule I to the Purchase Agreement. ANNEX A Each broker-dealer that receives new securities for its own account pursuant to the Exchange Offer must acknowledge that it will deliver a prospectus in connection with any resale of such new securities. 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 new securities received in exchange for securities where such securities 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 connection with any such resale. See “Plan of Distribution”. ANNEX B Each broker-dealer that receives new securities for its own account in exchange for securities, where such securities were acquired by such broker-dealer as a result of market-making activities or other trading activities, must acknowledge that it will deliver a prospectus in connection with any resale of such new securities. See “Plan of Distribution”. ANNEX C

  • Notes Held by the Company, etc Whenever the consent or approval of Holders of a specified percentage of principal amount of Notes or New Notes is required hereunder, Notes or New Notes, as applicable, held by the Company or its Affiliates (other than subsequent Holders of Notes or New Notes if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Notes or New Notes) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement between the Company and the Initial Purchasers. Very truly yours, Kansas City Southern de México, S.A. de C.V. By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Attorney-in-fact [Signature page to KCSM Registration Rights Agreement] The foregoing Agreement is hereby confirmed and accepted as of the date first above written. X.X. Xxxxxx Securities LLC Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated Xxxxxx Xxxxxxx & Co. LLC Acting severally on behalf of themselves and the several Initial Purchasers. By: X.X. Xxxxxx Securities LLC By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Executive Director By: Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Managing Director By: Xxxxxx Xxxxxxx & Co. LLC By: /s/ Yurij Slyz Name: Yurij Slyz Title: Executive Director ANNEX A Each broker-dealer that receives new securities for its own account pursuant to the Exchange Offer must acknowledge that it will deliver a prospectus in connection with any resale of such new securities. 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 new securities received in exchange for securities where such securities 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 180 days after the expiration date, it will make this prospectus available to any broker-dealer for use in connection with any such resale. See “Plan of Distribution”. ANNEX B Each broker-dealer that receives new securities for its own account in exchange for securities, where such securities were acquired by such broker-dealer as a result of market-making activities or other trading activities, must acknowledge that it will deliver a prospectus in connection with any resale of such new securities. See “Plan of Distribution”. ANNEX C

  • Securities Held by the Company or Its Affiliates Whenever the consent or approval of Holders of a specified percentage of Securities is required hereunder, Securities held by the Company or its affiliates (as such term is defined in Rule 405 under the Securities Act) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.

  • NOTES HELD BY THE COMPANY OR ITS AFFILIATES Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.

  • Repayment of Monies Held by Paying Agent In connection with the satisfaction and discharge of this Indenture with respect to the Notes, all monies then held by any Paying Agent other than the Indenture Trustee under the provisions of this Indenture with respect to such Notes shall, upon demand of the Issuer, be paid to the Indenture Trustee to be held and applied according to Section 3.03 and thereupon such Paying Agent shall be released from all further liability with respect to such monies.

  • Repayment of Monies Held by Note Paying Agent In connection with the satisfaction and discharge of this Indenture with respect to the Notes, all monies then held by any Note Paying Agent other than the Indenture Trustee under the provisions of this Indenture with respect to such Notes shall, upon demand of the Issuer, be paid to the Indenture Trustee to be held and applied according to Section 3.3 and thereupon such Note Paying Agent shall be released from all further liability with respect to such monies.

  • Purchase of Common Stock by the Issuer If the Issuer at any time while this Warrant is outstanding shall, directly or indirectly through a Subsidiary or otherwise, purchase, redeem or otherwise acquire any shares of Common Stock at a price per share greater than the Per Share Market Value, then the Warrant Price upon each such purchase, redemption or acquisition shall be adjusted to that price determined by multiplying such Warrant Price by a fraction (i) the numerator of which shall be the number of shares of Outstanding Common Stock immediately prior to such purchase, redemption or acquisition minus the number of shares of Common Stock which the aggregate consideration for the total number of such shares of Common Stock so purchased, redeemed or acquired would purchase at the Per Share Market Value; and (ii) the denominator of which shall be the number of shares of Outstanding Common Stock immediately after such purchase, redemption or acquisition. For the purposes of this subsection (h), the date as of which the Per Share Market Price shall be computed shall be the earlier of (x) the date on which the Issuer shall enter into a firm contract for the purchase, redemption or acquisition of such Common Stock, or (y) the date of actual purchase, redemption or acquisition of such Common Stock. For the purposes of this subsection (h), a purchase, redemption or acquisition of a Common Stock Equivalent shall be deemed to be a purchase of the underlying Common Stock, and the computation herein required shall be made on the basis of the full exercise, conversion or exchange of such Common Stock Equivalent on the date as of which such computation is required hereby to be made, whether or not such Common Stock Equivalent is actually exercisable, convertible or exchangeable on such date.

  • Moneys Held by Paying Agent In connection with the satisfaction and discharge of this Indenture, all moneys then held by any Paying Agent under the provisions of this Indenture shall, upon written demand of the Issuer, be paid to the Trustee, or if sufficient moneys have been deposited pursuant to Section 9.04, to the Issuer (or, if such moneys had been deposited by the Guarantors, to such Guarantors), and thereupon such Paying Agent shall be released from all further liability with respect to such moneys.

Time is Money Join Law Insider Premium to draft better contracts faster.