Examples of Exit Funding Agreement in a sentence
Exit Funding Payments are payable by Xxxxxx Xxxxxxx Corporation under the Exit Funding Agreement between Xxxxxx Xxxxxxx Corporation and the Trustee, dated as of October 15, 1999 and effective as of the Initial Exchange Date.
Except as disclosed in the financial statements referred to in Section 3.06 hereof and for matters covered by, or referred to in, the Exit Funding Agreement, since September 24, 1999, there has been no material adverse change in the business, operations, properties, assets or condition (financial or otherwise) of the Borrower and its Subsidiaries taken as a whole.
Notwithstanding the foregoing, the Borrower may create, incur, assume or suffer to exist obligations with regard to $95,000,000 1999C Bonds and $18,000,000 1999D Bonds under the Exit Funding Agreement.
The fountain represents the encoder and each bucket represents a receiver who wishes to receive the file.
Any notices or communications to or among any of the parties to this Continuing Disclosure Covenant shall be given in the manner provided in Section 10(d) of the Exit Funding Agreement.
The Company and the Parent will not, and will not permit any of their Subsidiaries to amend or modify, or permit the amendment or modification of, (i) Article X of the Indenture for the Convertible Subordinated Notes or (ii) any subordination provision (and the related definitions therein) contained in the Indenture for the Convertible Subordinated Notes or the Exit Funding Agreement, which is in any way adverse to the interests of the Lenders without the consent of the Required Lenders.
In addition to any terms defined in Schedule I to the Exit Funding Agreement, capitalized terms not otherwise conventionally capitalized shall the respective meanings ascribed to them in clause (m) of this Continuing Disclosure Covenant.
If FWC’s obligations under the Exit Funding Agreement are assumed in full by some other Person, such Person shall be responsible for compliance with this Continuing Disclosure Covenant in the same manner as if it were FWC and the FWC shall have no further obligations hereunder so long as, but solely to the extent that, FWC delivers a written assumption by such Person of the FWC’s obligations under this Continuing Disclosure Covenant, in form and substance satisfactory to the Trustee and the Issuer.
FWC shall also include in each Annual Report the operating data required to be delivered by it pursuant to Section 5(a) of the Exit Funding Agreement.
If an Event of Default occurs and is continuing, the Trustee may pursue any available remedy by proceeding at law or in equity to collect the principal of, premium, if any, or interest, if any, on the Bonds or to enforce the performance of any provision of the Bonds, this Indenture, the Facility Lease Agreement or the Exit Funding Agreement.