Existing Debenture definition
Examples of Existing Debenture in a sentence
Each of the Existing Debentureholders Consent and the Existing Debenture Amendments shall be in form and substance reasonably acceptable to the Purchasers.
The Lenders, the Existing Debenture Holders and the Borrowers shall have entered into the Intercreditor Agreement.
Phoenix, on behalf of the Lenders, shall have obtained and delivered to the Borrowers the consent of the Existing Debenture Holders, to the issuance of the Debentures and security granted in respect thereof and waiver of certain rights under the Existing Debentures.
This provision does not apply to an Insurance Policy (as that term is in the Existing Debenture) in respect of which notice will be provided in accordance with the provisions of the Existing Debenture.
Except as hereby expressly amended, the Indenture and the Existing Debenture are in all respects ratified and confirmed and all the terms, provisions and conditions contained in each, including without limitation the Trustee’s right to be indemnified as provided by the terms of the Indenture, shall be and remain in full force and effect.
This provision does not apply to intercompany receivables charged under the Existing Debenture in respect of which notice will be provided in accordance with the provisions of the Existing Debenture.
The Obligors shall obtain, from time to time at the request of the Secured Party, an opinion of counsel to the Obligors, reasonably satisfactory to the Secured Party, stating that the Secured Party may tack on its holding period of the Existing Debenture to its holding period of the A&R Instruments pursuant to Rule 144 and that the conversion shares may be issued without restrictive legends (provided all other requirements of Rule 144 have been satisfied).
The Company represents that there is no default under the Existing Debenture and the amounts due thereunder consist of $2,500,000 in principal and $854,166.67 in accrued and unpaid interest.
Phoenix, on behalf of the Lenders, shall have obtained and delivered to the Corporation the consent of the Existing Debenture Holders, the holder of CRAT Debenture and the holder of the Fund Debenture to the issuance of the Debentures and security granted in respect thereof and waiver of certain rights under the Existing Debentures.
On the date hereof, in exchange for the Existing Debenture, the Company shall deliver or cause to be delivered to the Investor (or its designee) the New Debenture at the address for delivery set forth on the signature page of the Investor attached hereto.