Subordinated Noteholders Clause Samples
Subordinated Noteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Subordinated Noteholders. Agent shall have received satisfactory evidence (which shall be determined in the Agent’s sole discretion) that (i) the Subordinated Noteholders have waived any and all defaults under the Subordinated Note Purchase Agreement and the Subordinated Notes, (ii) the Subordinated Noteholders and Borrower have amended the Subordinated Note Purchase Agreement and the Subordinated Notes to conform with the amendments made to the Credit Agreement through this Fourth Amendment, as applicable, and (iii) the Subordinated Noteholders have reviewed and consented in writing to this Fourth Amendment.
Subordinated Noteholders. Agent shall have received satisfactory evidence (which shall be determined in the Agent’s sole discretion) that (i) the Subordinated Noteholders have waived any and all defaults (if any) under the Subordinated Note Purchase Agreement and the Subordinated Notes, (ii) the Subordinated Noteholders and Borrower have amended the Subordinated Note Purchase Agreement and the Subordinated Notes so (A) that any payments due to the Subordinated Noteholders thereunder, including interest and any fees, that are due prior to August 2, 2005 shall be paid in kind (except as otherwise permitted by Section 7.15), and (B) the financial covenants contained therein are consistent with the financial covenants in the Credit Agreement, as amended by this Third Amendment, and (iii) the Subordinated Noteholders have reviewed and consented in writing to this Third Amendment.
Subordinated Noteholders. (a) In Clause 33.12: