Examples of September 2005 Notes in a sentence
The Lenders covenant to give a copy of this Omnibus Amendment and Consent to any purchaser of the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes prior to the actual purchase and to attach a copy of this Omnibus Amendment and Consent to any of such notes where the undersigned is the named payee or holder.
Upon request of the Company, each Lender agrees to deliver to the Company any of the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them, in exchange for an amended and restated Note (the “Replacement Note”) incorporating the amendments set forth in this Omnibus Amendment and Consent.
The undersigned Lenders and Additional Xxxxxx Holders acknowledge that they have not transferred, conveyed or assigned any of the Xxxxxx Note, the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them and the undersigned Lenders and Additional Xxxxxx Holders acknowledge that they have not assigned any rights under the Loan Documents or under the Subordination Agreement.
Each Lender and Additional Xxxxxx Holder agrees to the provisions of this Omnibus Amendment and Consent, including without limitation, to the amendments to the June 2005, September 2005 Notes, the November 2005 Notes and the January 2006 Notes and acknowledges that the Subordination Agreement shall remain in full force and effect .
Each Lender and Additional Watson Holder agrees to the provisions of this Omnibus Amendment and Consent, including without limitation, to the amendments to the June 2005, September 2005 Notes, the November 2005 Notes and the January 2006 Notes and acknowledges that the Subordination Agreement shall remain in full force and effect .
The undersigned Lenders and Additional Watson Holders acknowledge that they have not transferred, conveyed or assigned any of the Watson Note, the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them and the undersigned Lenders and Additional Watson Holders acknowledge that they have not assigned any rights under the Loan Documents or under the Subordination Agreement.
Upon request of the Company, each Lender agrees to deliver to the Company any of the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them, in exchange for an amended and restated No t e (the “Replacement Note”) incorporating the amendments set forth in this Omnibus Amendment and Consent.
The Company’s Cash Obligations under the September 2005 Notes and the September 2005 Loan Agreement (up to an aggregate amount equal to the September 2005 Loan Maximum Amount in effect from time to time) shall at all times be senior and prior in right of payment to the Company’s Cash Obligations under the June 2005 Loan Agreement, the June 2005 Notes, the Xxxxxx Loan Agreement and the Xxxxxx Note.
If the Company fails to file such registration statement by April 10, 2006, this Second Amendment shall automatically terminate and all the terms and provisions of Original Notes, March 2005 Notes, September 2005 Notes, March 2005 Warrants and September 2005 Warrants shall remain in effect.
The Company’s Cash Obligations under the Wxxxxx Loan Agreement (up to an aggregate amount equal to the Wxxxxx Maximum Amount in effect from time to time) shall at all time be junior and subordinate in right of payment to the Company’s Cash Obligations under the November 2005 Notes, the November 2005 Loan Agreement, the September 2005 Notes, the September 2005 Loan Agreement, the June 2005 Notes and the 2005 Loan Agreement.