Variation of Debenture Holder(s)’ rights Sample Clauses

Variation of Debenture Holder(s)’ rights. The rights, privileges, terms and conditions attached to the Debentures may be varied, modified or abrogated upon Approved Instructions; provided that nothing in such consent, instruction or resolution shall be operative against the Company where such consent or resolution modifies or varies the terms and conditions governing the Debentures and the same are not acceptable to the Company acting reasonably.
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Variation of Debenture Holder(s)’ rights. The rights, privileges and conditions attached to the Debentures may be varied, modified or abrogated by obtaining Relevant Instructions. Provided that nothing in such consent shall be operative against the Company where such consent or resolution modifies or varies the terms and conditions governing the Debentures and the same are not acceptable to the Company. 1. The Company has made depository arrangements with NSDL for dematerialisation of the Debentures. Each of the Debenture Holders has to necessarily hold the Debentures in dematerialised form and deal with the same as per the provisions of Xxxxxxxxxxxx Xxx, 0000 (as amended from time to time) (hereinafter “Depositories Act”). The normal procedures followed for transfer of securities held in dematerialised form shall be followed for transfer of these Debentures held in electronic form. 2. Debenture certificates will not be issued to the allottees, since the Debentures are being issued in a dematerialised form. 3. The depository account of the Debenture Holder(s) with NSDL will be credited with the Debentures within 2 (two) calendar days from the Deemed Date of Allotment in respect to each series of the Debentures. The initial credit in the account will be akin to the letter of allotment. On the completion of all statutory formalities, such credit will be substituted with the number of Debentures allotted. 4. The Debentures held in the dematerialised form shall be taken as discharged on payment of the Redemption Amount by the Company to the Beneficial Owners with the Depository on the Record Date and for this purposes, a statement issued by the Depository shall be conclusive evidence in respect thereof. Such payment will be a legal discharge of the liability of the Company towards such Beneficial Owner(s). On such payments being made, the Company will inform NSDL and accordingly the account of the Debenture Holder(s) with NSDL will be adjusted. 5. A Register of Debenture Holder(s) containing all relevant particulars shall be maintained by the Company at either its registered office or corporate office. 6. Transfer of Debentures in dematerialised form would be in accordance with the rules and procedures as prescribed by NSDL and the applicable depository participant. 7. Nothing provided herein shall prejudice any power of the Company to register as Debenture Holder any person to whom the right to any Debentures of the Company has been transmitted by operation of Applicable Law. 8. The Company shall rem...
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Variation of Debenture Holder(s)’ rights. The rights, privileges, terms and conditions attached to the Debentures may be varied, modified or abrogated in accordance with Clause 14 (Modifications and Waivers) of Part A (Statutory/Standard information pertaining to issuance of non-convertible debentures) of this Deed subject to confirmation by the Issuer.
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Variation of Debenture Holder(s)’ rights. Subject always to the provisions of the Inter-creditor Agreement, the rights, privileges and conditions attached to the Debentures shall not be varied, modified or abrogated without the prior approval of the Majority Debenture Holders or by a special resolution duly passed at a meeting of the Debenture Holders, convened in accordance with the provisions set out in the Schedule V and communication of such approval by the Debenture Trustee to the Issuer. SCHEDULE IV Part A The Issuer shall comply with the below mentioned conditions precedent to the satisfaction of the Debenture Trustee prior to the Issue Opening Date: 1. certified true copies of the written consent of the Debenture Trustee as per the Act, and the Debenture Trustee Agreement; 2. certified true copies of certificate of incorporation, Memorandum of Association and Articles of Association of the Issuer and Sponsor. Further, the Issuer and Sponsor shall have amended their respective constitutional documents (if required) to the satisfaction of the Debenture Trustee to incorporate the provisions of the Debenture Documents (to which they are a party); 3. certified true copies of board resolution of the Issuer: (a) approving the terms of, and the transactions contemplated by, the Debenture Documents (including authorising creation of Security) to which it is a party and resolving that it can execute the Debenture Documents to which it is a party; and (b) authorising a specified Person or Persons, on its behalf, to negotiate and sign and/or dispatch all documents and notices to be signed and/or dispatched by it under or in connection with the Debenture Documents to which it is a party;
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Variation of Debenture Holder(s)’ rights. The rights, privileges and conditions attached to the Debentures may be varied, modified or abrogated with the consent in writing of the holders of at least three-fourths of the amount outstanding on the Debentures or with the sanction of a Special Resolution passed at a meeting of the Debenture Holders.
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Variation of Debenture Holder(s)’ rights. The rights, privileges, terms and conditions attached to the relevant tranche or series of the Debentures may be varied, modified or abrogated with the consent, in writing, of not less than 75% of the value of the nominal amount of the relevant tranche or series of the Debentures outstanding, provided that nothing in such consent or resolution shall be operative against the Company if the same are not accepted in writing by the Company.
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Variation of Debenture Holder(s)’ rights. The rights, privileges and conditions attached to the Debentures may be varied, modified or abrogated with the consent in writing of the Majority Debenture Holder(s) or if applicable, with the sanction of a Special Resolution, passed at a meeting of the Debenture Holder(s).
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Related to Variation of Debenture Holder(s)’ rights

  • Subordination of Debentures 49 13.1 Agreement to Subordinate......................................49 13.2 Default on Senior Debt, Subordinated Debt or Additional Senior Obligations..............................49 13.3

  • Execution of Debentures The Debentures shall be signed in the name and on behalf of the Company by the manual or facsimile signature of its Chairman of the Board of Directors, Chief Executive Officer, Vice Chairman, President, one of its Managing Directors or one of its Executive Vice Presidents, Senior Vice Presidents or Vice Presidents. Only such Debentures as shall bear thereon a certificate of authentication substantially in the form herein before recited, executed by the Trustee or the Authenticating Agent by the manual signature of an authorized signer, shall be entitled to the benefits of this Indenture or be valid or obligatory for any purpose. Such certificate by the Trustee or the Authenticating Agent upon any Debenture executed by the Company shall be conclusive evidence that the Debenture so authenticated has been duly authenticated and delivered hereunder and that the holder is entitled to the benefits of this Indenture. In case any officer of the Company who shall have signed any of the Debentures shall cease to be such officer before the Debentures so signed shall have been authenticated and delivered by the Trustee or the Authenticating Agent, or disposed of by the Company, such Debentures nevertheless may be authenticated and delivered or disposed of as though the Person who signed such Debentures had not ceased to be such officer of the Company; and any Debenture may be signed on behalf of the Company by such Persons as, at the actual date of the execution of such Debenture, shall be the proper officers of the Company, although at the date of the execution of this Indenture any such person was not such an officer. Every Debenture shall be dated the date of its authentication.

  • Redemption of Debentures 17 Section 3.1 Redemption................................................17 Section 3.2 Special Event Redemption..................................17 Section 3.3 Optional Redemption by Company............................17 Section 3.4

  • Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.

  • Rights of the Holders to Receive Payment Notwithstanding any other provision of this Indenture, the right of any Holder to receive payment of principal of and interest on the Securities held by such Holder, on or after the respective due dates expressed or provided for in the Securities, or to bring suit for the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such Holder.

  • Registration of the Notes and Each Note Holder The Agent shall keep or cause to be kept at the Agent Office books (the “Note Register”) for the registration and transfer of the Notes. The Agent shall serve as the initial note registrar and the Agent hereby accepts such appointment. The names and addresses of the holders of the Notes and the names and addresses of any transferee of any Note of which the Agent has received notice, in the form of a copy of the assignment and assumption agreement referred to in this Section 15, shall be registered in the Note Register. The Person in whose name a Note is so registered shall be deemed and treated as the sole owner and holder thereof for all purposes of this Agreement. Upon request of a Note Holder, the Agent shall provide such party with the names and addresses of each other Note Holder. To the extent the Trustee or another party is appointed as Agent hereunder, each Note Holder hereby designates such person as its agent under this Section 15 solely for purposes of maintaining the Note Register. In connection with any Transfer of a Note (but excluding any Pledgee unless and until it realizes on its Pledge), a transferee shall execute an assignment and assumption agreement (unless the transferee is a Securitization Trust and the related pooling and servicing agreement requires the parties thereto to comply with this Agreement), whereby such transferee assumes all of the obligations of the applicable Note Holder hereunder with respect to such Note thereafter accruing and agrees to be bound by the terms of this Agreement, including the applicable restriction on Transfers set forth in Section 14, from and after the date of such assignment. No transfer of a Note may be made unless it is registered on the Note Register, and the Agent shall not recognize any attempted or purported transfer of any Note in violation of the provisions of Section 14 and this Section 15. Any such purported transfer shall be absolutely null and void and shall vest no rights in the purported transferee. Each Note Holder desiring to effect such transfer shall, and does hereby agree to, indemnify the Agent and each other Note Holder against any liability that may result if the transfer is not made in accordance with the provisions of this Agreement.

  • Unconditional Right of Holders to Receive Principal and Interest Notwithstanding any other provision in this Indenture, the Holder of any Security shall have the right, which is absolute and unconditional, to receive payment of the principal of and interest, if any, on such Security on the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date) and to institute suit for the enforcement of any such payment, and such rights shall not be impaired without the consent of such Holder.

  • Covenant to Secure Notes Equally The Company covenants that, if it or any Subsidiary shall create or assume any Lien upon any of its property or assets, whether now owned or hereafter acquired, other than Liens permitted by the provisions of paragraph 6B(1) (unless the prior written consent to the creation or assumption thereof shall have been obtained pursuant to paragraph 11C), it will make or cause to be made effective provision whereby the Notes will be secured by such Lien equally and ratably with any and all other Debt thereby secured so long as any such other Debt shall be so secured.

  • Redemption of Rights (a) Until the earliest of (i) the date of the first Section 11(a)(ii) Event, (ii) the date of the first Section 13(a) Event or (iii) the Expiration Date, the Board of Directors of the Company may, at its option, authorize and direct the redemption of all, but not less than all, of the then outstanding Rights at a redemption price of $.001 per Right, as such redemption price shall be appropriately adjusted to reflect any stock split, stock dividend or similar transaction occurring after the date hereof (the "Redemption Price"), and the Company shall so redeem the Rights. (b) Immediately upon the action of the Board of Directors of the Company authorizing and directing the redemption of the Rights pursuant to subsection (a) of this Section 23, or at such time and date thereafter as it may specify, and without any further action and without any notice, the right to exercise Rights shall terminate and the only right thereafter of the holders of Rights shall be to receive the Redemption Price. Within ten (10) Business Days after the date of such action, the Company shall give notice of such redemption to the holders of Rights by mailing such notice to all holders of Rights at their last addresses as they appear upon the registry books of the Rights Agent or, if prior to the Distribution Date, on the registry books of the transfer agent for the Common Shares. Any notice that is mailed in the manner herein provided shall be deemed given, whether or not the holder receives such notice, but neither the failure to give any such notice nor any defect therein shall affect the legality or validity of such redemption. Each such notice of redemption shall state the method by which the payment of the Redemption Price will be made. Neither the Company nor any of its Affiliates or Associates may, directly or indirectly, redeem, acquire or purchase for value any Rights in any manner other than that specifically set forth in Section 24 hereof or in this Section 23, or in connection with the purchase of Common Shares prior to the earlier of the date of the first Section 11(a)(ii) Event or the date of the first Section 13(a)

  • Conversion of Debentures Section 16.01.

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