Solicitation of Consents Sample Clauses

Solicitation of Consents. For the avoidance of doubt, each reference in this Indenture or the Notes to the consent of a Holder will be deemed to include any such consent obtained in connection with a repurchase of, or tender or exchange offer for, any Notes.
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Solicitation of Consents. Neither the Company nor any of its Subsidiaries nor any of their Affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fees or otherwise, to any Holders of any Convertible Notes for or as an inducement to any consent, waiver or amendment of any of the terms or provisions of this Indenture, the Convertible Note Guarantees, if any, or the Convertible Notes, unless such consideration is offered to be paid or agreed to be paid to all Holders of the Convertible Notes that consent, waive or agree to amend in the time frame set forth in the solicitation documents relating to such consent, waiver or agreement.
Sample 1
Solicitation of Consents. For the avoidance of doubt, each reference in this
Sample 1
Solicitation of Consents. In accordance with this Agreement, the DGCL, and the organizational documents of the Company and CEA, as applicable, the Company and CEA, as applicable, shall use commercially reasonable efforts to cause the stockholders of CEA (other than the Company) listed in Section 2.2 of the Company Disclosure Schedule who have not delivered a written consent in accordance with Section 4.8(a) to thereafter execute and deliver the Company Written Consent or CEA Written Consent, as applicable. In furtherance thereof, the Company and CEA shall promptly, but in no event later than five (5) Business Days following the date of the Written Consents executed in accordance with Section 4.8(a) thereof, deliver to all stockholders of the Company and CEA other than the stockholders of the Company and CEA that executed the Written Consents in accordance with Section 4.8(a) thereof, (i) a form of the Company Written Consent and CEA Written Consent, together with notice and a description of the adoption of this Agreement and approval of the Merger and CEA Merger, (ii) a notice of such stockholders’ appraisal rights under the DGCL, which notice will be in accordance with Section 262(b) of the DGCL, (iii) a copy of this Agreement and (iv) a summary of the material terms of the Agreement. Without limiting the generality of the foregoing, the Company shall also deliver such notices and take such other actions as are required to be taken prior to the Closing in order to comply with the provisions of Section 262 of the DGCL, if applicable with respect to appraisal and dissenters rights.
Sample 1
Solicitation of Consents. Neither the Company nor any of its Subsidiaries nor any of their Affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fees or otherwise, to any Holders of any Notes for or as an inducement to any consent, waiver or amendment of any of the terms or provisions of this Indenture, the Collateral Documents, the Convertible Note Documents or the Notes unless such consideration is offered to be paid or agreed to be paid to all Holders of the Notes that consent, waive or agree to amend in the time frame set forth in the solicitation documents relating to such consent, waiver or agreement. 108 118
Sample 1
Solicitation of Consents. Neither the Company nor any of its Subsidiaries nor any of their Affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fees or otherwise, to any Holders of any Notes for or as an inducement to any consent, waiver or amendment of any of the terms or provisions of this Indenture, the Collateral Documents, the Senior Note Collateral Documents or the Notes unless such consideration is offered to be paid or agreed to be paid to all Holders of the Notes that
Sample 1
Solicitation of Consents. The Dealer Manager shall, and each Participating Broker shall agree to, solicit Consents only in the jurisdictions in which the Dealer Manager and such Participating Broker are legally qualified to so act and in which the Dealer Manager and each Participating Broker have been advised by the Company or counsel to the Company that such solicitations can be made.
Sample 1
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Solicitation of Consents. The solicitation of written consents by Prudential-Bache Properties, Inc. in its capacity as the managing general partner of the Partnership.
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Related to Solicitation of Consents

  • Revocation of Consents; Future Holders Bound At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the Holders of the percentage of the aggregate principal amount of the Notes specified in this Indenture in connection with such action, any Holder of a Note that is shown by the evidence to be included in the Notes the Holders of which have consented to such action may, by filing written notice with the Trustee at its Corporate Trust Office and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Note. Except as aforesaid, any such action taken by the Holder of any Note shall be conclusive and binding upon such Holder and upon all future Holders and owners of such Note and of any Notes issued in exchange or substitution therefor or upon registration of transfer thereof, irrespective of whether any notation in regard thereto is made upon such Note or any Note issued in exchange or substitution therefor or upon registration of transfer thereof.

  • Revocation and Effect of Consents and Waivers A consent to an amendment or a waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of that Security or portion of the Security that evidences the same debt as the consenting Holder's Security, even if notation of the consent or waiver is not made on the Security. However, any such Holder or subsequent Holder may revoke the consent or waiver as to such Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. After an amendment or waiver becomes effective, it shall bind every Securityholder. An amendment or waiver becomes effective upon the execution of such amendment or waiver by the Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who were Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

  • Revocation and Effect of Consents, Waivers and Actions Until an amendment, waiver or other action by Holders becomes effective, a consent thereto by a Holder of a Security hereunder is a continuing consent by the Holder and every subsequent Holder of that Security or portion of the Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on the Security. However, any such Holder or subsequent Holder may revoke the consent, waiver or action as to such Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the date the amendment, waiver or action becomes effective. After an amendment, waiver or action becomes effective, it shall bind every Securityholder.

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