Examples of Exchange Notes in a sentence
Upon consummation of the Exchange Offer in accordance with this Section 2(a), the provisions of this Agreement shall continue to apply, mutatis mutandis, solely with respect to Registrable Securities that are Exchange Notes held by Participating Broker-Dealers, and the Company shall have no further obligation to register the Registrable Securities (other than pursuant to Section 2(b)(iii) or 2(b)(iv)) pursuant to Section 2(b) of this Agreement.
Each Initial Purchaser shall, when it no longer holds any beneficial interest in any Notes or Exchange Notes, be a third party beneficiary of the agreements made hereunder among the Company and the Holders and shall have the right to enforce such agreements directly to the extent it deems such enforcement necessary or advisable to protect its rights or the rights of Holders hereunder.
Each Holder hereby acknowledges and agrees that any Participating Broker-Dealer and any such Holder using the Exchange Offer to participate in a distribution of the Exchange Notes: (1) could not under SEC policy as in effect on the date of this Agreement rely on the position of the SEC enunciated in Brown & Wood LLP (available February 7, 1997), Xxxxxx Xxxxxxx and Co., Inc.