First Exchange Agreement definition

First Exchange Agreement the Exchange Agreement to be entered into between Sibanye, the Target and DRD on or about the date of conclusion of this Agreement and in terms of which Sibanye will dispose of a tailings business to the Target in exchange for the issue by the Target of shares to Sibanye;
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First Exchange Agreement the written exchange agreement (in terms of section 42 of the Income Tax Act) entered into between Sibanye, the Issuing Party and DRD on 22 November 2017;
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First Exchange Agreement means the Exchange Agreement dated as of April 22, 2003 by and among Holdings, Diomed, the Note Purchasers (as defined therein) and the Designated Note Purchaser (as defined therein).
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Examples of First Exchange Agreement in a sentence

  • The Company hereby acknowledges and agrees that, after giving effect to the foregoing amendment, the MFN Termination Date (as defined in the First Exchange Agreement) shall not occur until such dates as no New Note (as defined herein) remains outstanding.

  • Effective as of the Closing Date, Section 17 of the First Exchange Agreement is hereby amended to replace “New Note” with New Note (as defined herein).

  • Home Depot U.S.A., Inc., No. 2:10- CV-00467-JTM-APR, 2013 WL 3201572 (N.D. Ind.

  • The Company and the Note Purchasers hereby reaffirm each of the covenants contained in Section 4(a) through 4(k) and Section 5 of the First Exchange Agreement and confirm that such covenants apply fully to the Class E Notes in lieu of the Class C Notes.

  • The Holder hereby waives any antidilution adjustments to the conversion price and/or exercise price, as applicable, of the Existing 2017 Note, Existing 2018 Note, the Existing 2017 Warrant, the Existing 2018 Warrant and the Exchange Warrant, as applicable, solely to the extent resulting from the issuance of securities to the Holder in the transactions contemplated by the First Exchange Agreement, the Second Exchange Agreement, the 2018 Securities Purchase Agreement and this Agreement.

  • Any undefined terms used in this Agreement shall have the meaning ascribed to them in the First Exchange Agreement.

  • The consent of the Lenders under the USD Revolving Credit Facility, as contemplated in 3.1.1.1.13 of the First Exchange Agreement, is not required as a result of the substitution of that facility and the Parties accordingly dispense with the need for obtaining such consent and waive the Suspensive Condition in 3.1.1.1.13 of the First Exchange Agreement insofar as it pertains to the USD Revolving Credit Facility.

  • If the program meets the requirements specified in Section 529, the earnings in an account under the program will not be subject to income tax before they are withdrawn.

  • The sole representations and warranties from the selling Investor to be contained in the purchase agreement for the purchase of the Offered Shares shall be representations and warranties substantially similar to those set forth in Sections 4.01, 4.02(b), 4.05 and 4.06 of the First Exchange Agreement.

  • The registration rights as set forth in Section 5 of the First Exchange Agreement regarding the shares of Common Stock issuable upon exercise of the Series 6 Warrants are not changed by this Agreement.


More Definitions of First Exchange Agreement

First Exchange Agreement means that certain Series J Convertible Preferred Stock Purchase and Securities Exchange Agreement, dated as of June 17, 2002, by and among the Company and the Investors named therein, as amended and in effect from time to time.
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First Exchange Agreement is defined in the recitals to this Agreement.
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Related to First Exchange Agreement

  • Exchange Agreement has the meaning set forth in the Recitals.

  • Share Exchange Agreement has the meaning specified in the Recitals.

  • Exchange Agreements means the GSK Exchange Agreement, the Pfizer Exchange Agreement and the SLP Exchange Agreement;

  • Transaction Agreement has the meaning set forth in the recitals.

  • Exchange Agent Agreement has the meaning set forth in Section 2.5(a).

  • Share Purchase Agreement has the meaning set forth in the Recitals.

  • Unit Purchase Agreement means the Common Unit and Class B Unit Purchase Agreement, dated as of December 1, 2006, among the Partnership and the purchasers named therein.

  • Investment Agreement shall have the meaning set forth in the Recitals hereto.

  • Acquisition Agreement means a letter of intent, agreement in principle, merger agreement, acquisition agreement, option agreement or other similar agreement.

  • Company Acquisition Agreement has the meaning set forth in Section 5.04(a).

  • Stock Purchase Agreement means the agreement between the Company and a Purchaser who acquires Shares under the Plan that contains the terms, conditions and restrictions pertaining to the acquisition of such Shares.

  • Master Settlement Agreement means the settlement agreement and related documents entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers.

  • Merger Agreement has the meaning set forth in the Recitals.

  • Parent Agreement has the meaning given to it in Clause 12;

  • Securities Purchase Agreement means that certain securities purchase agreement, dated as of the Subscription Date, by and among the Company and the initial holders of the Notes pursuant to which the Company issued the Notes, as may be amended from time to time.

  • Restructuring Agreement shall have the meaning set forth in the recitals.

  • Support Agreement has the meaning set forth in the Recitals.

  • Common Stock Purchase Agreement means an agreement among the Investor and/or PJC, Emergent and any Convertible Note Holder who accepts and exchanges all of its Convertible Notes in the Convertible Note Exchange Offer and elects to participate, substantially in the form attached hereto as Exhibit A, pursuant to which Emergent will issue and sell (a) to the Investor and/or PJC, in the aggregate, 75,000,000 Shares at a price of $0.20 per share, and (b) to any Convertible Note Holder who accepts and exchanges all of its Convertible Notes in the Convertible Note Exchange Offer that so requests, for every $1,000.00 of principal amount of Convertible Notes that it tenders into the Convertible Note Exchange Offer, 500 Shares at a price of $0.20 per share; provided, that the aggregate maximum number of Shares to be so issued and sold to the Convertible Note Holders who accept and exchange all of their Convertible Notes in the Convertible Note Exchange Offer pursuant to the Common Stock Purchase Agreement shall not exceed 40,000,000.

  • Acquisition Agreements has the meaning specified in the Recitals.

  • Alternative Acquisition Agreement has the meaning set forth in Section 5.3(d).

  • Pre-Closing Restructuring has the meaning specified in Section 6.14(a).

  • Preferred Stock Purchase Agreement means the Preferred Stock Purchase Agreement, dated September 7, 2008, between the Company and the United States Department of the Treasury.

  • Master Transaction Agreement has the meaning set forth in the recitals.

  • Synthetic Purchase Agreement means any swap, derivative or other agreement or combination of agreements pursuant to which Holdings, the Borrower or any Subsidiary is or may become obligated to make (a) any payment in connection with a purchase by any third party from a person other than Holdings, the Borrower or any Subsidiary of any Equity Interest or Restricted Indebtedness or (b) any payment (other than on account of a permitted purchase by it of any Equity Interest or Restricted Indebtedness) the amount of which is determined by reference to the price or value at any time of any Equity Interest or Restricted Indebtedness; provided that no phantom stock or similar plan providing for payments only to current or former directors, officers or employees of Holdings, the Borrower or the Subsidiaries (or to their heirs or estates) shall be deemed to be a Synthetic Purchase Agreement.

  • Shareholder Agreement has the meaning set forth in the Recitals.

  • Recapitalization Agreement shall have the meaning set forth in the Recitals.