Examples of Other Exchange Agreements in a sentence
The obligations of the Holder hereunder are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any of the Other Exchange Agreements or any other similar agreement.
The terms of the Other Exchange Agreements with the Other Holders are not move favorable in any material respect to such Other Holders than the terms of this Agreement.
The Company represents to the Investor that the Company may be entering into one or more Other Exchange Agreements with certain Other Investors.
The Company, the Holder and various others entered into that certain Transaction Agreement, dated as July 25, 2007 (as amended and modified by this Agreement and the Other Exchange Agreements (as defined below), the “Transaction Agreement”).
The Holder shall be entitled, at its option, to the benefit of any amendment of any other similar warrant issued under the Other Exchange Agreements.
If such aggregate amount of shares of Common Stock were to exceed the Threshold, the aggregate number of such shares of Common Stock to be issued under this Agreement and the Other Exchange Agreements shall be allocated among the Exchanging Investors and the “Exchanging Investors” under the Other Exchange Agreements on a pro rata basis based on the principal amount of Notes exchanged by each such Exchanging Investor under this Agreement and the Other Exchange Agreements.
The obligations of Investor under this Exchange Agreement are several and not joint with the obligations of any Other Investor or any other investor under the Other Exchange Agreements, and Investor shall not be responsible in any way for the performance of the obligations of any Other Investor under this Exchange Agreement or any other investor under the Other Exchange Agreements.
The Company, the Holder and various others entered into that certain Securities Purchase Agreement, dated as October 16, 2008 (as amended and modified by this Agreement and the Other Exchange Agreements (as defined below), the “Purchase Agreement”).
The Holder shall be entitled, at its option, to the benefit of any amendment of any other similar warrant issued pursuant to the Other Exchange Agreements.
Each of the Other 2005 Note Holders shall have (i) executed the Other Exchange Agreements, (ii) satisfied or waived all conditions to the closings contemplated by such agreements and (iii) surrendered their Other 2005 Notes being exchanged at such closings.