Solicitation of Holders of Notes. The Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each holder of the Notes (irrespective of the amount of Notes then owned by it) shall concurrently be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. Executed or true and correct copies of any waiver or consent effected pursuant to the provisions of this Section 9 shall be delivered by the Company to each holder of outstanding Notes forthwith following the date on which the same shall have been executed and delivered by the holder or holders of the requisite percentage of outstanding Notes. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any holder of the Notes as consideration for or as an inducement to the entering into by any holder of the Notes of any waiver or amendment of any of the terms and provisions of this Agreement unless such remuneration is concurrently paid, on the same terms, ratably to each holder of the then outstanding Notes.
Solicitation of Holders of Notes. The Company will provide each holder of the Notes (irrespective of the amount of Notes then owned by it) with sufficient information, sufficiently far in advance of the date a decision is required, to enable such holder to make an informed and considered decision with respect to any proposed amendment, waiver or consent in respect of any of the provisions hereof or of the Notes. The Company will deliver executed or true and correct copies of each amendment, waiver or consent effected pursuant to the provisions of this Section 18 to each holder of outstanding Notes promptly following the date on which it is executed and delivered by, or receives the consent or approval of, the requisite holders of Notes.
Solicitation of Holders of Notes. (a) The Company will provide each holder of the Notes (irrespective of the amount of Notes then owned by it) with sufficient information, sufficiently far in advance of the date a decision is required, to enable such holder to make an informed and considered decision with respect to any proposed amendment, waiver or consent in respect of any of the provisions hereof or of the Notes. The Company will deliver executed or true and correct copies of each amendment, waiver or consent effected pursuant to the provisions of this SECTION 18 to each holder of outstanding Notes promptly following the date on which it is executed and delivered by, or receives the consent or approval of, the requisite holders of Notes.
(b) The Company will not directly or indirectly pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, or grant any security, to any holder of Notes as consideration for or as an inducement to the entering into by any holder of Notes or any waiver or amendment of any of the terms and provisions hereof unless such remuneration is concurrently paid, or security is concurrently granted, on the same terms, ratably to each holder of Notes then outstanding even if such holder did not consent to such waiver or amendment.
Solicitation of Holders of Notes. Consent in Contemplation of Transfer
Solicitation of Holders of Notes. The Company and the Guarantor will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement, the Notes, the Subsidiary Guarantees or any Security Document unless each holder of the Notes (irrespective of the amount of Notes then owned by it) shall concurrently be informed thereof by the Company and the Guarantor shall be afforded the opportunity of considering the same and shall be supplied by the Company and the Guarantor with sufficient information to enable it to make an informed decision with respect thereto. The Company and the Guarantor will pay all reasonable attorney fees and expenses incurred by each holder of the Notes in connection with the review, evaluation and documentation of any proposed amendment, waiver or consent in respect of any of the provisions of this Agreement or of the Notes, the Subsidiary Guarantee or the Security Documents. Executed or true and correct copies of any waiver or consent effected pursuant to the provisions of this Section 9 shall be delivered by the Company and the Guarantor to each holder of outstanding Notes forthwith following the date on which the same shall have been executed and delivered by the holder or holders of the requisite percentage of outstanding Notes. Neither the Company nor the Guarantor will, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any holder of the Notes as consideration for or as an inducement to the entering into by any holder of the Notes of any waiver or amendment of any of the terms and provisions of this Agreement, any Subsidiary Guarantee or any Security Document unless such remuneration is concurrently paid, on the same terms, ratably to each holder of the then outstanding Notes.
Solicitation of Holders of Notes. Section 17.2 of the Existing Note Purchase Agreement is hereby amended by adding a new clause (c) at the end of such Section to read as follows:
Solicitation of Holders of Notes. 31 17.3. BINDING EFFECT, ETC.......................................... 31 17.4. NOTES HELD BY THE COMPANY, ETC............................... 31 18. NOTICES............................................................... 31
Solicitation of Holders of Notes. A/75912253.3
Solicitation of Holders of Notes. Clause (c) of Section 17.2 of the Existing Note Purchase Agreement is hereby amended by deleting “(either pursuant to a waiver under Section 17.1(c) or subsequent to Section 8.5 having been amended pursuant to Section 17.1(c))”.
Solicitation of Holders of Notes. 36 Section 11.3 Binding Effect, Etc 36 Section 11.4 Notes Held by Guarantor, Etc 36 SECTION 12. Notices. 37 SECTION 13. Reproduction of Documents. 37 SECTION 14. Confidential Information. 37 SECTION 15. Miscellaneous. 39 Section 15.1 Successors and Assigns 39 Section 15.2 Severability 39 Section 15.3 Accounting Terms 39 Section 15.4 Construction 39 Section 15.5 Counterparts; Electronic Contracting 40 Section 15.6 Governing Law 40 Section 15.7 Jurisdiction and Process; Waiver of Jury Trial 40 Section 15.8 Transaction References 41 Schedule 5.3 — Disclosure Documents Schedule 5.4 — Subsidiaries of the Guarantor; Ownership of Subsidiary Stock; Affiliates; Directors and Senior Officers Schedule 5.7 — Government Authorizations Schedule 5.15 — Existing Debt, Future Liens Schedule 5.19 — Private Placements This Guaranty Agreement, dated as of June 17, 2020 (as amended, restated, reaffirmed, supplemented or otherwise modified from time to time, this “Guaranty Agreement”), is made by Xxxxxxxxx National, Inc., a Wisconsin corporation (together with any successor thereto that becomes a party hereto pursuant to Section 8.6, the “Guarantor”), in favor of each “holder” (as defined below).
