Tranche D Commitments; Tranche C+ Conversion. (a) Subject to the satisfaction of all of the conditions precedent set forth in Section 4 hereof, as of the Sixteenth Amendment Effective Date:
Tranche D Commitments; Tranche C+ Conversion Sample Clauses
Related to Tranche D Commitments; Tranche C+ Conversion
Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).
Termination This Agreement may be terminated at any time prior to the Closing:
Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Definitions For purposes of this Agreement:
Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and
Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.
Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.
