Solicitation of Consents. For the avoidance of doubt, each reference in this Indenture or the Notes to the consent of a Holder will be deemed to include any such consent obtained in connection with a repurchase of, or tender or exchange offer for, any Notes.
Solicitation of Consents. Neither the Company nor any of its Subsidiaries nor any of their Affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fees or otherwise, to any Holders of any Convertible Notes for or as an inducement to any consent, waiver or amendment of any of the terms or provisions of this Indenture, the Convertible Note Guarantees, if any, or the Convertible Notes, unless such consideration is offered to be paid or agreed to be paid to all Holders of the Convertible Notes that consent, waive or agree to amend in the time frame set forth in the solicitation documents relating to such consent, waiver or agreement.
Solicitation of Consents. For the avoidance of doubt, each reference in this
Solicitation of Consents. The solicitation of written consents by Prudential-Bache Properties, Inc. in its capacity as the managing general partner of the Partnership.
Solicitation of Consents. Neither the Company nor any of its Subsidiaries nor any of their Affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fees or otherwise, to any Holders of any Notes for or as an inducement to any consent, waiver or amendment of any of the terms or provisions of this Indenture, the Collateral Documents, the Senior Note Collateral Documents or the Notes unless such consideration is offered to be paid or agreed to be paid to all Holders of the Notes that
Solicitation of Consents. The Dealer Manager shall, and each Participating Broker shall agree to, solicit Consents only in the jurisdictions in which the Dealer Manager and such Participating Broker are legally qualified to so act and in which the Dealer Manager and each Participating Broker have been advised by the Company or counsel to the Company that such solicitations can be made.
Solicitation of Consents. In accordance with this Agreement, the DGCL, and the organizational documents of the Company and CEA, as applicable, the Company and CEA, as applicable, shall use commercially reasonable efforts to cause the stockholders of CEA (other than the Company) listed in Section 2.2 of the Company Disclosure Schedule who have not delivered a written consent in accordance with Section 4.8(a) to thereafter execute and deliver the Company Written Consent or CEA Written Consent, as applicable. In furtherance thereof, the Company and CEA shall promptly, but in no event later than five (5) Business Days following the date of the Written Consents executed in accordance with Section 4.8(a) thereof, deliver to all stockholders of the Company and CEA other than the stockholders of the Company and CEA that executed the Written Consents in accordance with Section 4.8(a) thereof, (i) a form of the Company Written Consent and CEA Written Consent, together with notice and a description of the adoption of this Agreement and approval of the Merger and CEA Merger, (ii) a notice of such stockholders’ appraisal rights under the DGCL, which notice will be in accordance with Section 262(b) of the DGCL, (iii) a copy of this Agreement and (iv) a summary of the material terms of the Agreement. Without limiting the generality of the foregoing, the Company shall also deliver such notices and take such other actions as are required to be taken prior to the Closing in order to comply with the provisions of Section 262 of the DGCL, if applicable with respect to appraisal and dissenters rights.
Solicitation of Consents. Neither the Company nor any of its Subsidiaries nor any of their Affiliates shall, directly or indirectly, pay or cause to be paid any consideration, whether by way of interest, fees or otherwise, to any Holders of any Notes for or as an inducement to any consent, waiver or amendment of any of the terms or provisions of this Indenture, the Collateral Documents, the Convertible Note Documents or the Notes unless such consideration is offered to be paid or agreed to be paid to all Holders of the Notes that consent, waive or agree to amend in the time frame set forth in the solicitation documents relating to such consent, waiver or agreement. 108 118
