Examples of April 2009 Notes in a sentence
Except as amended herein, the June 2008 Purchase Agreement, the June 2008 Notes, the April 2009 Purchase Agreement, the April 2009 Notes, the April 2009 Consent Agreement, the July 2009 Notes, the July 2009 Registration Rights Agreement, the September 2009 Notes and the September 2009 Registration Rights Agreement shall remain in full force and effect.
This Note cannot be changed orally, but only by an agreement in writing signed by holders of at least a majority of the outstanding principal balance of all then-outstanding April 2009 Notes.
The Investor agrees that any payments or prepayments to Investor and to the holders of the other April 2009 Notes, whether principal, interest or otherwise, shall be made pro rata among the Investor and the holders of the other April 2009 Notes based upon the aggregate unpaid principal amount of this Note and the other April 2009 Notes.
The Replacement April 2009 Notes issued to a April 2009 Purchaser shall replace and supersede in their entirety the Original April 2009 Notes issued by Xxxxxxx to such April 2009 Purchaser.
The consideration for each Replacement April 2009 Note to be issued to a April 2009 Purchaser shall be, among other things, the surrender and cancellation of the Original April 2009 Notes issued to such April 2009 Purchaser (or the delivery of a Lost Note Affidavit pursuant to Section 4.1(h)(ii)).
Notwithstanding the foregoing, holders of sixty-six and two-thirds percent (66 2/3%) or more in principal amount of the outstanding April 2009 Notes shall be required to waive or amend the provisions of Section 2(B) hereof.
This Note and the other April 2009 Notes shall rank pari passu as to the payment of principal and interest.