New Subordinated Notes definition
Examples of New Subordinated Notes in a sentence
Nothing contained in this Article IX shall prevent the Holders from exercising any other rights (to the extent not inconsistent with Article IX) granted hereunder and under the New Subordinated Notes with respect to non-payment related obligations, including, without limitation, rights under Article V hereof and under the Registration Rights Agreement.
In addition, the Company shall, upon the request of a Holder, provide a prospective purchaser of the New Subordinated Notes with any reports or information required to permit the sale of the New Subordinated Notes to a Qualified Institutional Buyer pursuant to Rule 144A under the Securities Act.
Upon the surrender of the New Subordinated Notes to be converted, such New Subordinated Notes shall no longer be deemed to be outstanding and all rights of a Holder with respect to the New Subordinated Notes surrendered for conversion shall immediately terminate except the right to receive the Common Stock or other securities, cash or other assets as herein provided.
The Company shall indemnify the Noteholder against any transfer Taxes, documentary Taxes, assessments or charges made by any governmental authority by reason of the execution of this Agreement and delivery of the New Subordinated Notes.
For purposes of this Section 5.9, the number of shares of Common Stock which shall be deliverable upon the conversion of all outstanding New Subordinated Notes shall be computed as if at the time of computation all the outstanding New Subordinated Notes were held by a single Holder.