Examples of Exchange and Repurchase Agreement in a sentence
The initial capital account with respect to each Class H Unit will be equal to the capital account of the Common Unit for which such Class H Unit was exchanged pursuant to the Exchange and Redemption Agreement or the Exchange and Repurchase Agreement, as applicable, plus, in the case of any Common Unit exchanged pursuant to the Exchange and Repurchase Agreement, the value of any additional property other than cash contributed to the Partnership pursuant thereto.
The initial Class I Units shall be issued to ETE in connection with the consummation of the Exchange and Repurchase Agreement.
The initial capital account with respect to each Class I Unit will be equal to the cash consideration contributed by ETE pursuant to the Exchange and Repurchase Agreement.
The Company and Halifax have entered into an Exchange and Repurchase Agreement, dated as of September 24, 2002 (the "EXCHANGE AGREEMENT"), whereby the Company has agreed to exchange certain securities held by Halifax for, among other things, a 10% Subordinated Convertible Debenture (the "CONVERTIBLE DEBENTURE").
Company shall have purchased or exchanged all of the Preferred Stock and the Warrants and paid all accumulated dividends pursuant to the Exchange and Repurchase Agreement for aggregate consideration, not to exceed approximately $220.0 million plus approximately 10,986,000 shares of common stock of Company.
Prior to any Public Distribution, the certificate or certificates representing any Shares held by the The securities represented by this certificate are also subject to the restrictions on transfer contained in the RBK Exchange and Repurchase Agreement, dated as of October 26, 1989, and in the Stockholders Agreement, dated as of October 26, 1989, copies of each of which may be obtained from the issuer, as well as the rights of the issuer and certain of its stockholders under such Stockholders Agreement.
Neither Company nor any of its Subsidiaries will agree to any material amendment to, or waive any of its material rights under, the Exchange and Repurchase Agreement or the Tender Offer Materials after the Closing Date without in each case obtaining the prior written consent of Requisite Lenders to such amendment or waiver.
All conditions to such purchase and exchange shall have been performed or complied with pursuant to the terms set forth in the Exchange and Repurchase Agreement and not waived without the consent of Administrative Agent and Syndication Agent.
The securities represented by this certificate are also subject to the restrictions on transfer contained in the Exchange and Repurchase Agreement, dated as of , 1989, and in the Stockholders Agreement, dated as of , 1989, copies of each of which may be obtained from the issuer, as well as the rights of the issuer and certain of its stockholders under such Stockholders Agreement.
The preceding sentence and any other provision of this Agreement notwithstanding, this Agreement is not, and shall not be construed to be, a novation of your Exchange and Repurchase Agreement, and (a) you and EMC shall remain liable for any breach of such agreement prior to the date hereof, and (b) the representations and warranties contained in paragraph 3 of your Exchange and Repurchase Agreement will survive the execution and delivery hereof.