Common use of Solicitation of Holders of Notes Clause in Contracts

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.

Appears in 2 contracts

Samples: Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)

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Solicitation of Holders of Notes. (a) The Solicitation -- the Company will provide each holder 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 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 Section 17 to each holder 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 Holders of Notes. (b) The Payment -- 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 Holder of Notes as consideration for or as an inducement to the entering into by any holder Holder of Notes or of any waiver or amendment of any of the terms and provisions hereof or of the Notes unless such remuneration is concurrently paid, or security is concurrently granted, on the same terms, ratably to each holder Holder of Notes then outstanding even if whether or not such holder did not consent Holder consented to such waiver or amendment.

Appears in 1 contract

Samples: Note Purchase Agreement (Chalone Wine Group LTD)

Solicitation of Holders of Notes. (a) The Company will provide each holder Holder of the Notes (irrespective of the amount of Notes then owned by it) with sufficient information, sufficiently reasonably far in advance of the date a decision is required, to enable such holder 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 Section 17 to each holder 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 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 Holder of Notes as consideration for or as an inducement to the entering into by any holder Holder of Notes or of 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 Holder of Notes then outstanding even if such holder Holder did not consent to such waiver or amendment.

Appears in 1 contract

Samples: Note Purchase Agreement (Aearo Corp)

Solicitation of Holders of Notes. (a) The Company will provide each holder of the Notes Noteholder (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 Noteholder 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 Notesany other Note Document. The Company will deliver executed or true and correct copies of each amendment, waiver or consent effected pursuant to the provisions of this SECTION Clause 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 NotesNoteholders. (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 Noteholder as consideration for or as an inducement to the entering into by any holder Noteholder 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 outstanding, even if such holder Noteholder did not consent to such waiver or amendment.

Appears in 1 contract

Samples: Note Purchase Agreement (Bema Gold Corp /Can/)

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Solicitation of Holders of Notes. (a) The Company will provide each holder of the Notes Lender (irrespective of the amount of Notes any Commitment then owned by itowed to such Lender) with sufficient information, sufficiently far in advance of the date a decision is required, to enable such holder Lender 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 Section 15.2(a) 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 Lender as consideration for or as an inducement to the entering into by any holder of Notes Lender 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 Lender even if such holder Lender did not consent to such waiver or amendment.

Appears in 1 contract

Samples: Note Purchase Agreement (Current Media, Inc.)

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