Examples of Exchanged Debentures in a sentence
The Subordinated Noteholder Representative shall have no duties or responsibilities except those expressly set forth in the Indenture, the Exchanged Debentures, this Agreement and the other Transaction Documents.
Until the Debentures are exchanged for Exchanged Debentures, the form of Notice of Conversion included in the Debentures set forth the totality of the procedures required of the Purchasers in order to convert the Debentures.
The Exchanged Debentures will count towards the Minimum and Maximum Offering.
The Company is not, has never been, and so long as any Exchanged Debentures remain outstanding, shall not become a U.S. real property holding corporation within the meaning of Section 897 of the Internal Revenue Code of 1986, as amended, and the Company shall so certify upon Investor’s request.
The Exchanged Conversion Shares have been duly and validly authorized by the Company and when issued upon conversion of the Exchanged Debentures in accordance with the terms of the Exchanged Debentures, will be validly issued, fully paid and non-assessable, and the issuance of the Exchanged Conversion Shares will not be subject to any preemptive or similar rights.
To its knowledge, the Holder did not acquire any of the Exchanged Debentures, directly or indirectly, from an Affiliate of the Company.
Assuming that the Investor’s representations and warranties in Section 2 are true, the Exchange, the conversion of the Exchanged Debentures into the Exchanged Conversion Shares in the manner contemplated by the Exchanged Indenture and the exercise of the Exchanged Warrants for the Exchanged Warrant Shares in the manner contemplated by the Exchanged Warrant, are exempt from the registration requirements of the Securities Act.
At the Closing, the Investors, severally and not jointly, agree to exchange with the Buyer, in the aggregate, US$450,000 principal amount of the Convertible Debentures (the "Exchanged Debentures") for, in the aggregate, all of the Buyer's Class B Membership Interests in the manner set forth in the Operating Agreement.
The Holder has not, in whole or in part, (a) assigned, transferred, hypothecated, pledged or otherwise disposed of any of the Exchanged Debentures or its rights in the Exchanged Debentures, or (b) given any person or entity any transfer order, power of attorney or other authority of any nature whatsoever with respect to the Exchanged Debentures.
The Security Documents create or will create in favor of Xxxxx Fargo Bank, National Association, as Trustee, for the benefit of the holders of the Exchanged Debentures a legal, valid and enforceable second priority security interest in and Lien on all right, title and interest of the Company and each Guarantor in the Collateral described therein, subject to no other Liens (as defined in the Exchanged Indenture) other than Permitted Liens (as defined in the Exchanged Indenture).