Equity Document definition
Examples of Equity Document in a sentence
No obligations of any Equity Contributor under this Agreement or any other Equity Document shall be released, discharged or in any way affected by any reorganization, arrangement, compromise, composition or plan affecting the Borrower or any of its Affiliates or by any lack of validity or enforceability of this Agreement or any other Transaction Document, whether or not such Equity Contributor or the Borrower or such Affiliate shall have notice or knowledge of any of the foregoing.
It is not in default under (i) any term of this Agreement or (ii) any other agreement to which it is a party which could reasonably be expected to have a material adverse effect on its ability to perform its obligations hereunder or under any other Equity Document to which it is a party.
Without waiving any notice rights expressly provided for under this Agreement or the Common Agreement, each Equity Contributor hereby irrevocably waives diligence, presentment, protest, demand for payment and Event of Default Notice or notice of non-payment to or upon the Borrower or any other Person with respect to any amounts due under the Common Agreement, any Equity Document or any other Loan Document.
The obligations of each Equity Contributor under this Agreement and each other Equity Document shall not be affected by (i) any default by the Borrower or any other Major Project Participant in the performance or observance of any of its agreements or covenants in this Agreement or any other Transaction Document, or (ii) the insolvency of the Borrower or any other Major Project Participant.
Each Equity Document to which such Investor is or will be a party shall, upon execution by the relevant parties thereto, be a legal, valid and binding obligation of such Investor enforceable against such Investor in accordance with its terms, subject to Bankruptcy Laws and general principles of equity regardless of whether enforcement is considered in a proceeding at Law or in equity.
Anything contained in this Indenture, any other Equity Document or the Indenture Documents to the contrary notwithstanding, the Credit Parties shall not be required to execute, deliver, satisfy or perform any item described on Schedule 4.28 to the Indenture prior to the dates specified therein.
Revenue Code) are (absent extension) due to be filed8][the second (2nd) anniversary of the expiration of the Recapture Period9] regardless of (i) any intermediate payment or settlement of account, (ii) any issue as to the legality, validity or enforceability of the Guaranteed Obligations, (iii) any liquidation, dissolution, administration or other incapacity of any party to any Equity Document, or (iv) any change in the composition, structure, status, control or ownership of any such party.
The Issuer shall promptly take all actions necessary to ensure that Warrant Shares shall be duly authorized and, when issued upon exercise or exchange of any Warrant in accordance with the terms hereof, shall be validly issued, fully paid and non-assessable, free and clear of all Taxes, Liens (except to the extent of any applicable provisions of this Agreement or any Other Equity Document) and all preemptive or similar rights.
To Borrower’s knowledge, none of the representations or warranties of any other Person in any Required Equity Document contains any untrue statement of a material fact or omits any fact necessary to make the statements therein not misleading.
It shall be a condition to Closing that all of the Equity Documents shall be executed and delivered by the parties hereto in form and substance reasonably satisfactory to both parties hereto, and that all other documents or filings necessary or reasonably requested by a party hereto to effectuate the Equity Document and the other agreements set forth in this Settlement shall be executed and delivered and shall have been made simultaneously.