SUPPLEMENTAL SECURITIES Sample Clauses

SUPPLEMENTAL SECURITIES. If the (i) Company shall have timely filed the Registration Statement in accordance with Article X, (ii) Registration Statement is declared effective on or before the Effectiveness Date, (iii) Company is otherwise in compliance with the covenants contained in this Agreement, the March Agreement, the August Agreement and the Registration Rights Agreement on the Effectiveness Date and (iv) representations and warranties set forth in this Agreement are true and correct on the Effectiveness Date, then, as of the Effectiveness Date, the Company shall have the obligation to sell to Buyer, and Buyer shall have the obligation to purchase from the Company, in a transaction exempt from the registration and prospectus delivery requirements of the Securities Act, the Supplemental Debenture and Supplemental Warrant for an aggregate purchase price (the "Supplemental Purchase Price") equal to Two Hundred Thousand Dollars ($200,000). On the Effectiveness Date, if true, the Company shall send a written notice (the "Notice") to Buyer certifying that the conditions set forth above in clauses (i) through (iv) of this Article XI have been satisfied and specifying the date (the "Supplemental Closing Date") on which the closing for the purchase and sale of the Supplemental Debenture and Supplemental Warrant shall occur, which date shall in no event be earlier than the tenth (10th) day after the delivery of the Notice to Buyer. On the Supplemental Closing Date, (i) Buyer shall, subject to its receipt of the documents contemplated by clauses (ii)(A) through (ii)(C) below of this Article XI, pay the Supplemental Purchase Price by wire transfer of immediately available funds to the Company's account set forth on Schedule I attached hereto and (ii) the Company shall deliver to Buyer (A) the Supplemental Debenture (which shall have been duly authorized, issued and executed I/N/O Buyer), (B) the Supplemental Warrant, which shall have been duly authorized and validly issued, and shall be fully paid and non-assessable and (C) a certificate executed by an executive officer of the Company stating that the representations and warranties set forth in this Agreement are true and correct on the Supplemental Closing Date. For purposes of this Agreement, the term "
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SUPPLEMENTAL SECURITIES. To the extent that the Administrative Agent has not received on or before the Closing Date the Supplemental Securities together with such evidence and information (such as legal opinions) in relation to the execution of the Supplemental Securities as the Administrative Agent reasonably requires, Parent must ensure that the Supplemental Securities are executed by the relevant Group Security Provider and the evidence and information provided to the Administrative Agent, in form and substance satisfactory to the Administrative Agent (acting reasonably), as soon as reasonably practicable and in any event within 90 days of the Closing Date.
SUPPLEMENTAL SECURITIES. To the extent that the Facility Agent has not received on or before the first Drawdown Date the Supplemental Securities together with such evidence and information (such as legal opinions) in relation to the execution of the Supplemental Securities as the Facility Agent (acting on the instructions of the Majority of Subscribers) reasonably requires, the Parent must ensure that the Supplemental Securities are executed by the relevant Group Security Provider and the evidence and information provided to the Facility Agent, in form and substance satisfactory to the Facility Agent acting reasonably, as soon as reasonably practicable and in any event within 90 days of the first Drawdown Date.

Related to SUPPLEMENTAL SECURITIES

  • Securities Affected by Supplemental Indentures Securities of any series affected by a supplemental indenture, authenticated and delivered after the execution of such supplemental indenture pursuant to the provisions of this Article or of Section 10.01, may bear a notation in form approved by the Company, provided such form meets the requirements of any securities exchange upon which such series may be listed, as to any matter provided for in such supplemental indenture. If the Company shall so determine, new Securities of that series so modified as to conform, in the opinion of the Board of Directors, to any modification of this Indenture contained in any such supplemental indenture may be prepared by the Company, authenticated by the Trustee and delivered in exchange for the Securities of that series then Outstanding.

  • Trust Preferred Securities The Company has performed, or has caused each Company Trust to perform, all of the obligations required to be performed by it and is not in default under the terms of the Company Trust Debentures or the Company Trust Preferred Securities or any agreements related thereto.

  • Capital Securities All Capital Securities, debentures, bonds, notes and all other securities of each Loan Party and their respective Subsidiaries presently issued and outstanding are validly and properly issued in accordance with all applicable laws, including, but not limited to, the “Blue Sky” laws of all applicable states and the federal securities laws. The issued shares of Capital Securities of each of the Loan Party’s respective Subsidiaries are owned by the Loan Parties free and clear of any Lien or adverse claim.

  • Reference in Debt Securities to Supplemental Indentures Debt Securities of any series authenticated and delivered after the execution of any supplemental indenture pursuant to this Article may, and shall if required by the Trustee, bear a notation in form approved by the Trustee as to any matter provided for in such supplemental indenture. If the Company shall so determine, new Debt Securities of any series so modified as to conform, in the opinion of the Trustee and the Board of Directors, to any such supplemental indenture may be prepared and executed by the Company and authenticated and delivered by the Trustee in exchange for Outstanding Debt Securities of such series.

  • Issuance of the Capital Securities On [ ], the Depositor, both on its own behalf and on behalf of the Issuer Trust and pursuant to the Original Trust Agreement, executed and delivered the Underwriting Agreement. Contemporaneously with the execution and delivery of this Trust Agreement, an Administrative Trustee, on behalf of the Issuer Trust, shall execute in accordance with Sections 5.2, 5.3 and 8.9(a) and deliver to the Underwriters, Capital Securities Certificates, registered in the names requested by the Underwriters or a representative thereof, evidencing [ ] Capital Securities having an aggregate Liquidation Amount of $ [ ], against receipt of the aggregate purchase price for such Capital Securities of $ [ ] by the Property Trustee.

  • REFERENCE IN BONDS TO SUPPLEMENTAL INDENTURES Bonds authenticated and delivered after the execution of any supplemental indenture pursuant to this Article IX may, and if required by the Indenture Trustee shall, bear a notation in form approved by the Indenture Trustee as to any matter provided for in such supplemental indenture. If the Issuer or the Indenture Trustee shall so determine, new Bonds so modified as to conform, in the opinion of the Indenture Trustee and the Issuer, to any such supplemental indenture may be prepared and executed by the Issuer and authenticated and delivered by the Indenture Trustee in exchange for Outstanding Bonds.

  • Reference in Notes to Supplemental Indentures Notes authenticated and delivered after the execution of any supplemental indenture pursuant to this Article IX may, and if required by the Indenture Trustee shall, bear a notation in form approved by the Indenture Trustee as to any matter provided for in such supplemental indenture. If the Issuer or the Indenture Trustee shall so determine, new Notes so modified as to conform, in the opinion of the Indenture Trustee and the Issuer, to any such supplemental indenture may be prepared and executed by the Issuer and authenticated and delivered by the Indenture Trustee in exchange for Outstanding Notes.

  • Notice of Supplemental Indentures Promptly after the execution by the Company and the Trustee of any supplemental indenture pursuant to the provisions of Section 8.2, the Company shall give notice to all Holders of Securities of such fact, setting forth in general terms the substance of such supplemental indenture, in the manner provided in Section 1.6. Any failure of the Company to give such notice, or any defect therein, shall not in any way impair or affect the validity of any such supplemental indenture.

  • SUPPLEMENTAL INDENTURES SECTION 901.

  • Definitive Preferred Securities Certificates If (i) the Depositor advises the Trustees in writing that the Clearing Agency is no longer willing or able to properly discharge its responsibilities with respect to the Preferred Securities Certificates, and the Depositor is unable to locate a qualified successor, or (ii) the Depositor at its option advises the Trustees in writing that it elects to terminate the book-entry system through the Clearing Agency, then the Administrative Trustees shall notify the Clearing Agency and Holders of the Preferred Securities. Upon surrender to the Administrative Trustees of the typewritten Preferred Securities Certificate or Certificates representing the Book-Entry Preferred Securities Certificates by the Clearing Agency, accompanied by registration instructions, the Administrative Trustees or any one of them shall execute and authenticate the Definitive Preferred Securities Certificates in accordance with the instructions of the Clearing Agency. Neither the Securities Registrar nor the Trustees shall be liable for any delay in delivery of such instructions and may conclusively rely on, and shall be protected in relying on, such instructions. Upon the issuance of Definitive Preferred Securities Certificates, the Trustees shall recognize the Holders of the Definitive Preferred Securities Certificates as Securityholders. The Definitive Preferred Securities Certificates shall be printed, lithographed or engraved or may be produced in any other manner as is reasonably acceptable to the Administrative Trustees, as evidenced by the execution thereof by the Administrative Trustees or any one of them.

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