Rights and Obligations of Holders. (i) In the event that, notwithstanding the foregoing provision prohibiting such payment or distribution, the Holders shall have received any payment on account of the Subordinated Debt at a time when such payment is prohibited by such provision before the Senior Debt is paid in full, then and in such event, such payment or distribution shall be received and held in trust by the Holders apart from their other assets and paid over or delivered to the holders of the Senior Debt remaining unpaid to the extent necessary to pay in full in cash the principal of (premium, if any), and interest on, such Senior Debt in accordance with its terms and after giving effect to any concurrent payment or distribution to the holders of such Senior Debt.
Rights and Obligations of Holders. The Guarantor expressly acknowledges that: (i) this Guarantee Agreement will be deposited with the Guarantee Trustee to be held for the benefit of the Holders; (ii) the Guarantee Trustee has the right to enforce this Guarantee Agreement on behalf of the Holders; (iii) the Holders of a Majority in Liquidation Amount of the Trust Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee in respect of this Guarantee Agreement or exercising any trust or power conferred upon the Guarantee Trustee under this Guarantee Agreement; and (iv) in the event that the Guarantor has failed to make a Guarantee Payment, any Holder may, subject to Section 6.2, institute a legal proceeding directly against the Guarantor to enforce its rights under this Guarantee Agreement without first instituting a legal proceeding against the Guarantee Trustee, the Issuer Trust or any other Person.
Rights and Obligations of Holders. For purposes of the Agreement, --------------------------------- effective upon the execution and delivery of this Amendment by the Company, the New Investors and holders of at least a 66 2/3% majority of the outstanding Registrable Securities: (a) each of the New Investors shall be deemed a "Holder" for purposes of Sections 1-8, 10, 13 and 14, and (b) the Securities, when issued to the New Investors shall be deemed to be "Registrable Securities."
Rights and Obligations of Holders. The Holder may enforce this Environmental Covenant. The Holder’s obligations hereunder are limited to the specific provisions and the limited purposes described in this Environmental Covenant. Subject to the provisions hereof, The Holder’s rights and obligations survive the transfer of the Restricted Property.
Rights and Obligations of Holders. (i) In the event that, notwithstanding the foregoing provision prohibiting such payment or distribution, the Holders shall have received any payment on account of the Term B Loan Obligations at a time when such payment is prohibited by such provision before the Term A Loan Obligations are paid in full, then, such payment or distribution shall be received and held in trust by the Holders apart from their other assets and paid over or delivered to the Term A Lenders remaining unpaid to the extent necessary to pay in full in cash the Term A Loan Obligations after giving effect to any concurrent payment or distribution to the holders of such Term A Loan Obligations.
Rights and Obligations of Holders. The Guarantor expressly acknowledges that: (i) this Guarantee Agreement will be deposited with the Guarantee Trustee to be held for the benefit of the Holders; (ii) the Guarantee Trustee has the right to enforce this Guarantee Agreement on behalf of the Holders; (iii) the Holders of a Majority in Liquidation Amount of the Trust Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee in respect of this Guarantee Agreement or exercising any trust or power conferred upon the Guarantee Trustee under this Guarantee Agreement; and (iv) in the event that the Guarantor has failed to make a Guarantee Payment, any Holder may, subject to Section 6.2, institute a legal proceeding directly against the Guarantor to enforce its rights under this Guarantee Agreement without first instituting a legal proceeding against the Guarantee Trustee, the Issuer Trust or any other Person. [If the security is subject to an agreement providing for the exchange on registration pursuant to the Securities Act, insert --- THE HOLDER OF THIS GUARANTEE IS DEEMED, BY SUCH HOLDER'S ACCEPTANCE OF THE GUARANTEE, TO HAVE AGREED TO BE BOUND BY THE PROVISIONS OF THE REGISTRATION RIGHTS AGREEMENT, DATED OF EVEN DATE HEREWITH, AMONG THE ISSUER TRUST, FIRST HAWAIIAN, INC., AS THE DEPOSITOR, AND THE PURCHASERS NAMED THEREIN.
Rights and Obligations of Holders
