Exchange Securities definition

Exchange Securities shall have the meaning assigned thereto in Section 2(a) hereof.

Exchange Securities means senior notes issued by the Company and guaranteed by the Guarantors under the Indenture containing terms identical to the Securities (except that the Exchange Securities will not be subject to restrictions on transfer or to any increase in annual interest rate for failure to comply with this Agreement) and to be offered to Holders of Securities in exchange for Securities pursuant to the Exchange Offer.

Exchange Securities means senior notes issued by the Company under the Indenture containing terms identical to the Securities (except that the Exchange Securities will not be subject to restrictions on transfer or to any increase in annual interest rate for failure to comply with this Agreement) and to be offered to Holders of Securities in exchange for Securities pursuant to the Exchange Offer.

Examples of Exchange Securities in a sentence

• Upon closing, any and all obligations of the Company to the Holder under the Exchange Securities shall be fully satisfied, the certificates evidencing the Exchange Securities shall be cancelled and the Holder will have no remaining rights, powers, privileges, remedies or interests under the Exchange Securities.

• The following shall be conditions precedent to the closing: the parties shall have executed this Agreement and the Exchange Securities shall be null and void.

• The Company and the Holder agree that the Holder will exchange the Exchange Securities held by the Holder and will relinquish any and all other rights it may have under the Exchange Securities in exchange for the Series D Preferred Stock.

• Pursuant to Rule 144 promulgated by the Commission pursuant to the Securities Act and the rules and regulations promulgated thereunder as such Rule 144 may be amended from time to time, or any similar rule or regulation hereafter adopted by the Commission having substantially the same effect as such Rule 144, the holding period of the Series D Preferred Stock tacks back to the issue date of the Exchange Securities.

• It being understood that this Section 7 shall be limited in all respects to only matters arising under or related to the Exchange Securities and shall under no circumstances constitute a release, waiver or discharge with respect to the Series D Preferred Stock or this Agreement or limit the Holder from taking action for matters with respect to the Series D Preferred Stock or this Agreement or events that may arise in the future.

More Definitions of Exchange Securities

Exchange Securities. See Section 2(a) hereof.

Exchange Securities means securities issued by the Company and the Guarantors under the Indenture containing terms identical to the Securities (except that (i) interest thereon shall accrue from the last date on which interest was paid on the Securities or, if no such interest has been paid, from the Closing Date and (ii) the Exchange Securities will not contain restrictions on transfer) and to be offered to Holders of Securities in exchange for Securities pursuant to the Exchange Offer.

Exchange Securities has the meaning set forth in the Registration Rights Agreement.

Exchange Securities means (1) the 16% Senior Notes Due July 20, 2011 issued pursuant to the Indenture in connection with a Registered Exchange Offer pursuant to a Registration Rights Agreement and (2) Additional Securities, if any, issued pursuant to a registration statement filed with the SEC under the Securities Act.

Exchange Securities means the 11 3/4% Series B Senior Subordinated Notes due 2007 to be issued pursuant to this Indenture in connection with the offer to exchange Exchange Securities for the Initial Securities that may be made by the Company pursuant to the Registration Rights Agreement.

Exchange Securities has the meaning ascribed to it in the second introductory paragraph of this Indenture.

Exchange Securities. The 97/8% Senior Subordinated Notes due 2017, of the same series under the Indenture as the Initial Notes and the Guarantees attached thereto, to be issued to Holders in exchange for Transfer Restricted Securities pursuant to this Agreement.