Examples of Subordinated Notes Purchase Agreement in a sentence
The Company may, in its discretion, proceed to protect and enforce its rights by such appropriate judicial proceedings as the Company shall deem most effectual to protect and enforce any such rights, whether for the specific performance of any covenant or agreement in the Subordinated Notes Purchase Agreement or in aid of the exercise of any power granted therein, or to enforce any other proper remedy.
This Subordinated Note is one of a duly authorized issue of the Subordinated Notes of the Bank in the aggregate principal amount of $o designated as its o% Perpetual Subordinated Notes and purchased pursuant to the Subordinated Notes Purchase Agreement.
In addition, on the Effective Date, the Prepetition Lenders shall be deemed to release any and all obligations of, security interests in, and claims against each Non-Debtor Loan Party on behalf of the Holders of Subordinated Notes Claims in accordance with the Subordinated Notes Purchase Agreement and the subordination provisions thereunder.
This Subordinated Note is one of a duly authorized issue of the Subordinated Notes of the Bank in the aggregate principal amount of $- designated as its -% Perpetual Subordinated Notes and purchased pursuant to the Subordinated Notes Purchase Agreement.
The unpaid principal balance of the Note plus all accrued but unpaid interest thereon shall be due and payable on the Maturity Date, or such earlier date on which such amount shall become due and payable on account of acceleration by the Investors in accordance with the terms of the Subordinated Notes Purchase Agreement, to which reference is made and which is incorporated herein by reference.
Nothing contained in this Agreement shall be deemed to be a waiver of, or release from, any obligations any party hereto may have under, or any restrictions on the transfer of Registrable Securities or other securities of the Company imposed by, any other agreement including, but not limited to, the Stock Purchase Agreement, the Subordinated Notes Purchase Agreement, the Preferred Stock Purchase Agreement, the Series D Preferred Stock Purchase Agreement or the Stockholders' Agreement.
There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein and in the Stock Purchase Agreement, the Subordinated Notes Purchase Agreement, the Preferred Stock Purchase Agreement and the Stockholders' Agreement.
All of the conditions to the obligations of the purchasers under the Subordinated Notes and Warrant Purchase Agreement among the Company and the purchasers listed on Schedule I thereto dated as of the date hereof (the "Subordinated Notes Purchase Agreement"), other than the conditions related to this Agreement, shall have been satisfied or waived by the parties thereto at or before the Closing.
All of the provisions of this Agreement shall apply to all of the Shares and Common Stock Equivalents issued pursuant to the Stock Purchase Agreement, the Subordinated Notes Purchase Agreement (including, without limitation, shares of Series B Preferred Stock issued upon conversion of the Subordinated Notes) and the Preferred Stock Purchase Agreement.
The 7-1/2% Convertible Notes due 2009, issued and outstanding under the 7-1/2% Subordinated Notes Purchase Agreement.