June 2005 Notes definition
Examples of June 2005 Notes in a sentence
The Lenders covenant to give a copy of this Omnibus Amendment and Consent to any purchaser of the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes prior to the actual purchase and to attach a copy of this Omnibus Amendment and Consent to any of such notes where the undersigned is the named payee or holder.
Upon request of the Company, each Lender agrees to deliver to the Company any of the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them, in exchange for an amended and restated Note (the “Replacement Note”) incorporating the amendments set forth in this Omnibus Amendment and Consent.
The undersigned Lenders and Additional Xxxxxx Holders acknowledge that they have not transferred, conveyed or assigned any of the Xxxxxx Note, the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them and the undersigned Lenders and Additional Xxxxxx Holders acknowledge that they have not assigned any rights under the Loan Documents or under the Subordination Agreement.
The undersigned Lenders and Additional Watson Holders acknowledge that they have not transferred, conveyed or assigned any of the Watson Note, the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them and the undersigned Lenders and Additional Watson Holders acknowledge that they have not assigned any rights under the Loan Documents or under the Subordination Agreement.
Upon request of the Company, each Lender agrees to deliver to the Company any of the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them, in exchange for an amended and restated No t e (the “Replacement Note”) incorporating the amendments set forth in this Omnibus Amendment and Consent.
The Company’s Cash Obligations under the June 2005 Notes and the June 2005 Loan Agreement (up to an aggregate amount equal to the June 2005 Loan Maximum Amount in effect from time to time) shall at all times be senior and prior in right of payment to the Company’s Cash Obligations under the Xxxxxx Loan Agreement and the Xxxxxx Note.
The Company’s Cash Obligations under the September 2005 Notes and the September 2005 Loan Agreement (up to an aggregate amount equal to the September 2005 Loan Maximum Amount in effect from time to time) shall at all times be senior and prior in right of payment to the Company’s Cash Obligations under the June 2005 Loan Agreement, the June 2005 Notes, the Xxxxxx Loan Agreement and the Xxxxxx Note.
The holders of the Senior Note and the holders of the June 2005 Notes shall have entered into a subordination agreement, in form and substance acceptable to the Lenders, pursuant to which all liens (and all other interests in collateral) securing the Company’s obligations under the Senior Note, the Xxxxxx Term Loan, the June 2005 Notes and the June 2005 Bridge Loan shall be fully subordinated to the liens (and other interests in collateral) securing the Loans.
The Company’s Cash Obligations under the Wxxxxx Loan Agreement (up to an aggregate amount equal to the Wxxxxx Maximum Amount in effect from time to time) shall at all time be junior and subordinate in right of payment to the Company’s Cash Obligations under the November 2005 Notes, the November 2005 Loan Agreement, the September 2005 Notes, the September 2005 Loan Agreement, the June 2005 Notes and the 2005 Loan Agreement.
Notes continuedfor year ended 30 June 2005 Notes CONSOLIDATED SOCIETY 19.