Convertible Note Collateral definition
Examples of Convertible Note Collateral in a sentence
Each Holder, by accepting a Note, agrees to be bound to all terms and provisions of the Collateral Documents and the Convertible Note Collateral Documents, as the same may be amended from time to time.
Subject to certain exceptions set forth in the Indenture, (i) the Indenture, the Notes, the Collateral Documents and the Convertible Note Collateral Documents may be amended with the written consent of the Holders of at least a majority in principal amount at Stated Maturity of the outstanding Notes and (ii) any past Default and its consequences may be waived with the written consent of the Holders of at least a majority in principal amount at Stated Maturity of the outstanding Notes.
As provided in the Indenture, the Collateral Documents and the Convertible Note Collateral Documents and subject to certain limitations set forth therein, the obligations of the Company and the Guarantors under the Indenture, the Collateral Documents and the Convertible Note Collateral Documents are secured by the Collateral and the Convertible Note Collateral as provided in the Collateral Documents and the Convertible Note Collateral Documents.
Each of the Company and the Guarantors shall, as promptly as practicable, cause to be executed and delivered, filed and recorded all instruments and do all acts and other things as may be required by law to perfect, maintain and protect the Liens under the Collateral Documents and the Convertible Note Collateral Documents (except as otherwise expressly provided herein and therein), all to the fullest extent permitted by law.
The Company is the legal, record and beneficial owner of the Technocom Preferred Stock, and any Intercompany Notes existing on the Issue Date (the "Existing Collateral"), free and clear of any Lien or claims of any person except for the Liens listed on Schedule D attached hereto and the Liens created by this Security Agreement, the Company Convertible Note Escrow Account Agreement and any of the other Convertible Note Collateral Documents.
Except as otherwise provided in Section 2.7 hereof, no right or remedy conferred herein, in the Collateral Documents or the Convertible Note Collateral Documents upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise.
Every right and remedy given by this Article VI by the Collateral Documents or the Convertible Note Collateral Documents or by law to the Trustee or to the Holders may be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by the Holders, as the case may be.
The Liens created under the Collateral Documents and the Convertible Note Collateral Documents shall be released upon the terms and subject to the conditions set forth in the Indenture, the Collateral Documents and the Convertible Note Collateral Documents.
All rights of action and claims under this Indenture, the Collateral Documents, the Convertible Note Collateral Documents or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name, as trustee of an express trust, and any recovery of judgment shall be applied in accordance with Section 6.9.
The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Notes or to the Company or to any other person cash, property or securities from assets constituting Convertible Note Collateral to which holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.