Examples of Preferred Shares Documents in a sentence
This Amendment and the other Preferred Shares Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof.
The Investors shall have received a reaffirmation agreement, confirming that the Guaranty and grants of security interest provided under the Preferred Shares Documents remain continuous and unaffected and continue to be in full force and effect after giving effect to the Subsequent Subscription, executed and delivered by the Issuer and the Guarantor (which may include a copy transmitted by facsimile or other electronic method).
The Investors shall have received a reaffirmation agreement, confirming that the Guaranty and grants of security interest provided under the Preferred Shares Documents remain continuous and unaffected and continue to be in full force and effect after giving effect to the Buffalo Subscription, executed and delivered by the Issuer and the Guarantor (which may include a copy transmitted by facsimile or other electronic method).
The Investors shall have received a reaffirmation agreement, confirming that the Guaranty and grants of security interest provided under the Preferred Shares Documents remain continuous and unaffected and continue to be in full force and effect after giving effect to the Frog Subscription, executed and delivered by the Issuer and the Guarantor (which may include a copy transmitted by facsimile or other electronic method).
None of the provisions of this Agreement or any other Preferred Shares Documents shall be construed to require an Agent in its individual capacity to expend or risk its own funds or otherwise to incur any personal financial liability in the performance of any of its duties hereunder or thereunder.
With respect to Obligations made or renewed by it or any of its Affiliates, each Agent and its Affiliates shall have the same rights and powers under this Agreement and the Collateral Documents and Preferred Shares Documents as any Secured Party and may exercise the same as though such Agent was not such Agent, and the terms “Secured Party” shall (to the extent applicable) include the Agents in their individual capacity.
The rights, privileges, protections, indemnities and benefits given to the Agents including their rights to be indemnified, are extended to, and shall be enforceable by, the Agents in each of their capacities hereunder and the Collateral Documents and the other Preferred Shares Documents, and to each agent, custodian and other persons employed by the Agents in accordance herewith to act hereunder or thereunder.
The Issuer or, failing which, the Guarantor shall have paid (or caused to be paid) all fees and expenses due to the Investors and/or any of their respective affiliates under this Agreement, the Fee Letters and the other Preferred Shares Documents and required to be paid at the Initial Subscription Date; provided that any such fees and expenses shall, in any event, be paid within 15 Business Days of the date the relevant invoice is issued.
The Incremental Investors shall have received a reaffirmation agreement, confirming that the Guaranty and grants of security interest provided under the Preferred Shares Documents remain continuous and unaffected and continue to be in full force and effect after giving effect to this Amendment, executed and delivered by the Issuer and the Guarantor (which may include a copy transmitted by facsimile or other electronic method).
Notwithstanding the foregoing or anything to the contrary in the Preferred Shares Documents, during the Certain Funds Period, neither the Collateral Agent nor the Investors shall take any action to the extent to do so would prevent or limit the subscription for the Sierra Preferred Shares.