Existing Investment Agreement definition
Examples of Existing Investment Agreement in a sentence
Contemporaneously with the termination of this Agreement pursuant to the immediately preceding sentence, the Existing Investment Agreement shall be reinstated and shall be in full force and effect to the same extent it would have been if this Agreement had not been entered into.
From and after the date hereof, all references to the term “Agreement” in the Existing Investment Agreement shall be deemed to refer to the Existing Investment Agreement, as amended hereby.
Section 6.03 of the Existing Investment Agreement provides that any provision of the Existing Investment Agreement may be amended or modified in whole or in part at any time by an agreement in writing between the parties thereto executed in the same manner as the Existing Investment Agreement.
Except as provided herein, the Existing Investment Agreement shall remain in full force and effect.
Each Purchaser, severally and not jointly, hereby represents and warrants to the Company, as of the date hereof and as of the New Notes Issuance Date, that the representations and warranties contained in paragraphs (a), (b), (c) and (d) of Section 3.02 of the Existing Investment Agreement are true and correct with respect to the issuance of the New Notes.
Capitalized terms used but not defined in this Amendment shall have the meanings ascribed to such terms in the Existing Investment Agreement.
The parties hereto agree that the Disposition Transaction did not constitute a “Change in Control” as defined in (x) the Existing Investment Agreement or (y) the Notes Indenture.
Hereinafter, words and phrases used but not defined herein which are defined in the Existing Investment Agreement (as hereinafter defined) are used herein as therein defined.
The Company agrees that any securities issued under the Indentures that are held by the Holders shall be deemed Registrable Securities under the Existing Investment Agreement.
If Lender is substituting a Letter of Credit or Permitted Investments for an Existing Investment Agreement, Fann▇▇ ▇▇▇ ▇▇▇ll remit or cause to be remitted Invested Funds (as defined in the Existing Investment Agreement) to Lender promptly after receipt of the Letter of Confirmation from Custodian.