New Colt definition
Examples of New Colt in a sentence
Notwithstanding the foregoing, the Company may appoint a Controlling Member as its true and lawful attorney and proxy (and such proxy shall be deemed to be irrevocable and coupled with an interest) to vote for the election of directors of New Colt (or any other domestic corporate subsidiary of the Company) in the sole discretion of such Controlling Member in respect of any or all of the Equity Securities held by the Company in New Colt (or any other domestic corporate subsidiary of the Company).
The Merger Effective Time has occurred such that New Colt is a wholly-owned Subsidiary Parent.
As of the Amendment No. 4 Effective Date, CMC is a wholly-owned subsidiary of New Colt.
Notwithstanding anything to the contrary in this Agreement, the Governing Board will cause the Company, in its capacity as the sole shareholder of New Colt, to vote all the Equity Securities held by the Company in New Colt in favor of the election of such Persons as directors of New Colt as are designated by any Member of this Company that holds 80% (a “Controlling Member”) or more of the outstanding Equity Securities entitled to vote thereon.
Unless otherwise indicated, references in this Article 4 to the “Loan Parties” refer, (i) prior to the consummation of the Merger, solely to Parent, Colt Finance, Acquisition Sub, Colt Canada, CDTS and Colt Netherlands and (ii) after the consummation of the Merger, to Parent, Colt Finance, Acquisition Sub, Colt Canada, CDTS, Colt Netherlands, New Colt and Colt’s Manufacturing.
If notice is given to COLT, such notice shall be made to the attention of New Colt Holding Corp., c/o Sciens Capital Partners, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇., Attention: ▇▇▇▇ ▇.
The definition of “Guarantors” in Section 1.1 of the Credit Agreement is hereby deleted and the following substituted therefor: “Guarantors” means (a) Colt Finance Corp., a Delaware corporation, (b) Colt Defense Technical Services, LLC, a Delaware limited liability company, (c) New Colt Holding Corp., a Delaware corporation, (d) New Colt Acquisition Corp., a Delaware corporation, (which will merge with and into New Colt Holding Corp.
Each of New Colt and its Subsidiaries hereby agrees that each reference to a “Loan Party” or the “Loan Parties” in the Credit Agreement and the other Loan Documents shall include New Colt and its Subsidiaries.
None of Parent, New Colt or Acquisition Sub is in default in the performance or compliance with any provisions thereof, the performance or compliance of which is material to the interests of the Lenders.
In addition to all of New Colt Holding Corp’s rights under the License Agreement of December 19, 2003, CMC’s purchases of any Rifle under this Agreement shall be in accordance with applicable law, including the UCC.