Examples of New Note Trustee in a sentence
Eligibility and Disqualification; New Note Trustee...................
New Note Trustee; Separate And Co-Note Trustees; Note Trustee Information...............................................38 20.
This Agreement and the pledge of the Pledged Collateral pursuant hereto create a valid and perfected first priority security interest in the Pledged Collateral in favor of the Collateral Agent, securing the payment of all of the Secured Obligations, and all filings and other actions necessary or desirable as may be required by the Old Note Trustee or New Note Trustee or the Holders to perfect and protect such security interest have been duly taken.
Executive Deferred Compensation Plan (or any successor plan) and to Section 4 below, Shares that have not been forfeited shall become available to the Participant after the last day of the Restriction Period upon payment in full of all taxes due with respect to such Shares.
Xxx Xxxxxxx xxx Xxxxxx Xxxxxx Trust Company of New York, as trustee (in such capacity, the "New Note Trustee"), have entered into that certain indenture dated the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the "New Note Indenture"), pursuant to which the Pledgor is issuing $200,000,000 aggregate principal amount of its 14-1/2% Senior Secured Notes due 2009 (the "New Notes", and together with the Old Notes, the "Notes").
Any term of this Agreement may be amended, and the performance or observance by the Pledgor of any terms of this Agreement, or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Pledgor, the written consent of the Collateral Agent, the written consent of the Old Note Trustee and the written consent of the New Note Trustee.
Upon the occurrence and during the continuance of an Event of Default (as defined herein), the Collateral Agent shall have the right, upon written instructions from the Old Note Trustee or the New Note Trustee and without notice to the Pledgor, to transfer to or to register in the name of the Collateral Agent or any of its nominees any or all of the Pledged Collateral.
Without limiting the generality of the foregoing, this Agreement secures the payment of all amounts that constitute part of the Secured Obligations and would be owed by the Pledgor to the Collateral Agent, the Old Note Trustee, the New Note Trustee or the Holders under this Agreement, the Old Note Indenture, the New Note Indenture and the Notes but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving the Pledgor.
In litigation, or the preparation therefor, the Collateral Agent, the Old Note Trustee and the New Note Trustee shall be entitled to select their own counsel and, in addition to the foregoing indemnity, the Pledgor agrees to pay promptly the reasonable fees and expenses of such counsel.
New Note Trustee; Separate And Co-Note Trustees; Note Trustee Information....................................................................................40 20.