Examples of Xxxx Holders in a sentence
Each of Austost, Balmore, Williams Sr., Williams Jr., Dowda, Lenz and World Capital (each, a "Nxxx Xxxxer" anx xxxxxxtively, xxx "Xxxx Holders") is a holder of FBC's 10% Convertible Notes, dated June 7, 1999 (the "Convertible Notes") issued by FBC pursuant to that certain Subscription Agreement dated as of June 2, 1999 (the "Note Subscription Agreement").
Notwithstanding the foregoing, if Notes are exchanged after the close of business on a Regular Record Date for the payment of interest but prior to the open of business on the immediately following Interest Payment Xxxx, Holders of such Notes as of the close of business on such Regular Record Date will receive the full amount of interest payable on such Notes on the corresponding Interest Payment Date notwithstanding the exchange.
Each Xxxx Xxxxxx hereby appoints Xxxx/Chilmark Fund, L.P. as its agent and attorney-in-fact (the "Xxxx Holders' Agent") for purposes of the delivery and receipt of all notices and requests pursuant to this Agreement.
If the Company has filed any Automatic Shelf Registration Statement for the benefit of the holders of any of its securities other than the holders of Registrable Securities, the Company shall, at the request of the Majority Whitney Holders and/or the Majority Xxxx Holders, file any post-effective amendments necessary to include therein all disclosure and language necessary to ensure that the holders of Registrable Securities may be added to such Shelf Registration.
This Agreement shall not become effective and the Xxxx Holders shall have no right to any Xxxx Registration unless and until the Registration Statement relating to the Current Registration has become effective and the Current Registration constitutes the Xxxx Holders’ one Demand Registration under the Registration Rights Agreement.
The removal from the Board, any committee of the Board or any position (in each case with or without cause) of any person designated under paragraph 1(a) or 1(b) by the GS Holders, the Xxxx Holders, the Investor Holders or Hoechst shall be at the written request of the person or group that at the time of such removal has the right pursuant to paragraph 1(a) or (1)(b) to designate such person and only upon such written request and under no other circumstances (except as otherwise required by law).
Prompt delivery by the Xxxx Holders' Agent to the Xxxx Holders will be deemed satisfied if delivery is made to the Xxxx Holders, in accordance with Section 3.4, not later than the third business day after actual receipt of the applicable notice or document by the Xxxx Holders' Agent from the Issuer.
Except as otherwise provided herein, the -------------------- provisions of this Agreement may be amended or waived only upon the prior written consent of Holdings, the Xxxx Holders, the GS Holders and the Hoechst Holders.
Each holder of Stockholder Shares will take all reasonable actions in connection with the consummation of the Approved Sale as requested by the Xxxx Holders (which actions may include, at the request of the Xxxx Holders, continuing arrangements among the stockholders of the Company substantially similar to the terms of this Agreement).
Prompt deliverx xx xxx Xxll Holders' Agent to the Xxxx Holders will be deemed xxxisfied if delivery is made to the Zell Holders, in accordance xxxh Section 3.4, not later than the third business day after actual receipt of the applicable notice or document by the Zell Holders' Agent from thx Xxsuer.