Second Exchangeable Debenture definition
Examples of Second Exchangeable Debenture in a sentence
Holder may not assign or transfer this Second Exchangeable Debenture without complying with the terms and conditions of the Stakeholders Agreement applicable to the transfer of the Second Exchangeable Debenture, and such transfer shall be subject to regulatory approval, including but not limited to, the rules and regulations of NYSE.
At any time prior to (i) the close of business on July 2, 2012 (ii) the delivery to the Company of a Retraction Notice, or (iii) the delivery to the Holder of a Regulatory Call Notice (as defined in the Stakeholders Agreement), the Holder may, at the Holder's option, exchange the principal amount of this Second Exchangeable Debenture (or any portion thereof equal to $1,000 or any integral multiple of $1,000 in excess thereof) for Class A Shares at the Exchange Price then in effect.
If an Event of Default specified in clauses (a)(6) or (a) (7) of Section 9 occurs, all principal of and interest on the Second Exchangeable Debenture shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Holder.
The section headings of this Second Exchangeable Debenture are for convenience only and shall not affect the meaning or interpretation of this Second Exchangeable Debenture or any provision hereof.
The Holder by written notice to the Company may rescind an acceleration and its consequences if (i) all existing Events of Default, other than the nonpayment of principal of or interest on this Second Exchangeable Debenture which has become due solely because of the acceleration, have been cured or waived and (ii) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction.
The Holder by accepting this Second Exchangeable Debenture waives and releases all such liability.
Accrued but unpaid interest on this Second Exchangeable Debenture will be payable on the last Business Day of June 2003 and on the last Business Day of each December and June thereafter (each an "Interest Payment Date").
Unless earlier exchanged, the outstanding principal of this Second Exchangeable Debenture, together with accrued but unpaid interest thereon, shall be immediately due and payable and shall be repaid on the Put Date in whole, or in part, to the extent this Second Exchangeable Debenture is retracted pursuant to Section 8(b), or in whole on the Retraction Date, to the extent this second Exchangeable Debenture is retracted pursuant to Section 8 (c), or in whole on the Maturity Date.
This Second Exchangeable Debenture constitutes the entire agreement between the parties, superseding all prior understandings and writings, with respect to the indebtedness represented hereby.
This Second Exchangeable Debenture shall be construed, performed and enforced in accordance with, and governed by, the laws of the State of New York, without giving effect to the principles of conflicts of laws thereof.