Examples of Existing 2024 Notes in a sentence
To its knowledge, such Noteholder did not acquire any of the Existing 2024 Notes, directly or indirectly, from the Company or any affiliate of the Company and no affiliate of the Company has held such Existing 2024 Notes within the past year.
No proceeding relating to such Noteholder is pending or, to the knowledge of such Noteholder, is threatened before any court, arbitrator or administrative or governmental body that would adversely affect such Noteholder’s right to transfer the Existing 2024 Notes to the Company.
Participating 2024 Noteholders will also receive a roll-up of their Existing 2024 Notes with respect to Collateral priority as set forth in Schedule III.
Grievant was notified of this recommendation by Memorandum dated March 15, 2012.
Use the proceeds of the Credit Extensions only in compliance with (and not in contravention of) applicable Laws and each Loan Document, including for working capital and general corporate purposes (including Permitted Acquisitions) and to consummate the Existing 2024 Notes Repurchase and the Existing Credit Agreement Refinancing and to pay Transaction Expenses.
Such Noteholder has made an independent decision to transfer such Noteholder’s Existing 2024 Notes based on the information available to such Noteholder.
Arazi is a limited guarantor of the Existing 2024 Notes and Arazi’s key creditor constituency is the holders of those notes.
For the avoidance of doubt, this clause (c) does not in any way limit the terms and conditions to which any Consenting 2024 Noteholder may be subject in its capacity as a participant in the Rights Offering, to the extent it elects to participate in the Rights Offering, if applicable, notwithstanding the termination of this Agreement, or in respect of the treatment of its Existing 2024 Notes pursuant to the Restructuring Transactions.
Such Noteholder was given a meaningful opportunity to negotiate the terms of the transactions contemplated hereby and neither the Company nor any of its affiliates or representatives put any pressure on such Noteholder to respond to the opportunity to participate in the transactions contemplated hereby or condition its participation on such Noteholder exchanging a minimum amount of its Existing 2024 Notes.
All questions as to the form of all documents and the validity and acceptance of the Existing 2024 Notes and the issuance of the Exchanged Shares will be determined by the Company, in its reasonable discretion, which determination shall be final and binding.