Election definition
Examples of Election in a sentence
Effective as of date of this Agreement, Parent hereby irrevocably withdraws, with this Agreement constituting sufficient and conclusive evidence of such withdrawal, its (i) Notice of Nomination of Candidates for Election to the Board of Directors and Stockholder Proposal dated February 12, 2025 (the “Notice”) and (ii) demand to the Company, dated January 29, 2025, to inspect certain books, records and documents of the Company pursuant to Section 220 of the DGCL.
Notwithstanding anything to the contrary herein or in any other Transaction Document, upon the occurrence of a Benchmark Transition Event or an Early Opt-in Election, as applicable, the Administrative Agent and the Borrower may amend this Agreement to replace the then-current Benchmark with a Benchmark Replacement.
The Administrative Agent will promptly notify the Borrower and the Lenders (with a copy to the Paying Agent) of (i) any occurrence of a Benchmark Transition Event or an Early Opt-in Election, as applicable, and its related Benchmark Replacement Date and Benchmark Transition Start Date, (ii) the implementation of any Benchmark Replacement, (iii) the effectiveness of any Benchmark Replacement Conforming Changes and (iv) the commencement or conclusion of any Benchmark Unavailability Period.
Each such Interest Election Request shall be irrevocable and shall be signed by a Responsible Officer of thesuch Borrower; provided that, if such Interest Election Request is submitted through an Approved Borrower Portal, the foregoing signature requirement may be waived at the sole discretion of the Administrative Agent.
An Exchange Election Notice may be revoked by PubCo at any time, provided that any such revocation does not prejudice the ability of the Parties to consummate a Redemption or Direct Exchange on the Redemption Date.