New Indentures definition
Examples of New Indentures in a sentence
Each of the New Indentures shall have been executed by Emergent and the appropriate Indenture Trustee and the New Notes shall have been issued in exchange for the Notes.
For the purposes of this Indenture, Indebtedness shall be outstanding under the New Indentures whenever either (i) such Indebtedness and all Obligations and claims relating thereto shall not have been paid in full in cash or Cash Equivalents or (ii) "Contingent Payments" may be earned under either of such New Indentures with respect to the then current or any future interest period.
This Agreement, the New Indentures, the Parent Guarantees and the Securities are collectively referred to herein as the “Operative Documents.” All other capitalized terms used but not defined in this Agreement shall have the respective meanings ascribed thereto in the New Indentures.
None of the Securities, the New Indentures, or the Exchange, is or may be (i) void or voidable as an actual or constructive fraudulent transfer or as a preferential transfer or (ii) subject to any Impairment.
Upon conversion in accordance with the terms of the New Notes and the New Indentures, the Conversion Shares will be validly issued, fully paid and nonassessable and the Noteholder will acquire good and valid title to such Conversion Shares free and clear of all liens, encumbrances, equities, preemptive rights and other claims.