Examples of XXXX Notes in a sentence
Such XXXX Notes shall: (i) be due and payable on February 28, 2009, and (ii) be convertible by the holder at any time commencing ninety (90) days following the Effective Time and prior to their February 28, 2009 maturity date into shares of XXXX Common Stock (the “Conversion Shares”) at a conversion price (the “Conversion Price”) set forth in such XXXX Notes.
In the event any ABP Instruments shall have been lost, stolen or destroyed, XXXX may, in its discretion and as a condition precedent to the delivery of the Merger Consideration, and the XXXX Notes and XXXX Warrants in respect of the ABP Instruments, require the owner of such lost, stolen or destroyed ABP Instrument to deliver a affidavit or bond in such amount or form as it may reasonably direct as indemnity against any claim that may be made against XXXX, the Surviving Corporation or the Exchange Agents.
A true copy of the form of the XXXX Notes is annexed hereto as Exhibit A and made a part hereof.
At the Contribution Closing, Acquirer shall provide XXXX with sufficient funds to acquire all of the XXXX Notes to be acquired pursuant to the Change of Control Offer.
XXXX shall cancel and surrender to Arcadia all of the XXXX Notes (Initial).