Tender Offer and Consent Solicitation. (i) A majority of the Stone Notes (excluding Stone Notes held by the Stone Noteholders) shall have been tendered pursuant to the Tender Offer and Consent Solicitation (as defined in the Transaction Agreement) for the consideration offered thereunder, the supplemental indenture to the Stone Notes Indenture shall have become effective (and the amendments therein (and collateral releases, if any) shall have become operative) and, after giving effect to such supplemental indenture, the transactions contemplated by this Agreement and the Transaction Agreement shall not result in a default or breach of the Stone Indenture and (ii) any remaining Stone Notes immediately upon the consummation of the transactions contemplated by this Agreement shall be unsecured or secured only by the collateral securing such Stone Notes immediately prior to the Closing Date equally and ratably with the New Second Lien Notes.
Tender Offer and Consent Solicitation. (a) The Tender Offer and the Consent Solicitation shall not have been terminated by the Company, (b) the requisite consents of the holders of the Existing Notes necessary to approve the terms of the Amendment to be effected pursuant to the Supplemental Indenture shall have been obtained, (c) concurrently with the closing of the offering of the Notes, the Company will make the Initial Payment (as defined in the Tender Offer Documents) pursuant to the Tender Offer and the Consent Solicitation, and (d) upon payment of the Initial Payment by the Company, the Supplemental Indenture shall be in full force and effect.
Tender Offer and Consent Solicitation. The "Amended Offer" and the "Solicitation," each as defined in the Amended Offer to Purchase and Consent Solicitation Statement of the Company, dated March 11, 2002 shall have been consummated in accordance with the terms thereof.
Tender Offer and Consent Solicitation. (a) The Tender Offer and Consent Solicitation shall not have been terminated by Texas Industries, (b) the requisite consents of the holders of the Parent Notes necessary to approve the terms of the amendments proposed in the Consent Solicitation, to be effected pursuant to the Supplemental Indenture, shall have been obtained, (c) concurrently with the closing of the offering of the Notes, Texas Industries will make the Initial Payment (as defined in the Tender Offer Documents) pursuant to the Tender Offer and Consent Solicitation, (d) upon payment of the Initial Payment by Texas Industries, the Supplemental Indenture shall be in full force and effect, and (e) the Company has been designated as an unrestricted subsidiary under the indenture governing the Parent Notes.
Tender Offer and Consent Solicitation. As of the date on which the Supplemental Indenture (as defined below) is executed, the Company shall have received such number of Consents irrevocably deposited pursuant to the Tender Offer and Consent Solicitation as is necessary to amend the Senior Notes Indenture as contemplated by the Tender Offer and Consent Solicitation and, as of the Closing Date, the Company shall have entered into a supplemental indenture (the “Supplemental Indenture”) amending the Senior Notes Indenture as contemplated in the Tender Offer and Consent Solicitation.
Tender Offer and Consent Solicitation. The Company has received such number of Consents irrevocably deposited pursuant to the Tender Offer and Consent Solicitation as is necessary to amend the Subordinated Notes Indenture as contemplated by the Tender Offer and Consent Solicitation and the Company shall have entered into a supplemental indenture amending the Subordinated Notes Indenture as contemplated in the Tender Offer and Consent Solicitation.
Tender Offer and Consent Solicitation. Note Redemption and Discharge. Either (i) the Minimum Tender Requirement shall have been satisfied or (ii) the requirements of the Indenture with respect to the Note Redemption and Discharge shall have been satisfied, including, without limitation, the delivery of a legal opinion by Weil, Gotshal & Manges LLP to the Trustee.
Tender Offer and Consent Solicitation. The Company shall have accepted Notes for purchase in the Tender Offer and obtained the Requisite Consents (as defined in the Statement).
Tender Offer and Consent Solicitation. Parent shall have received evidence (satisfactory to Parent, in its reasonable discretion) that, as a result of the Tender, a supplemental indenture has been executed by the Company and the trustee under the Indenture providing for the deletion of Sections 4.05, 4.06, 4.09, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.18 and 4.19 of the Indenture and that such sections of the Indenture will be rendered of no further force and effect immediately upon the acceptance of such tenders in accordance with the Tender.
Tender Offer and Consent Solicitation. Attached hereto as Exhibit J is a true and correct copy of the Offer to Purchase Statement that will be used by the Borrower to commence the Tender Offer and Consent Solicitation.
