Required Holders. The Indenture also contains provisions permitting the Holders of the Notes representing specified percentages of the Outstanding Amount of the Notes, on behalf of the Holders of all the Notes, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder of this Note (or any one of more Predecessor Notes) shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange hereof or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The Indenture also permits the Indenture Trustee to amend or waive certain terms and conditions set forth in the Indenture without the consent of Holders of the Notes issued thereunder. Each Noteholder, by acceptance of a Note or a beneficial interest in a Note, is deemed to represent that (i) it is not, and is not acquiring and will not hold a Note or a beneficial interest in a Note on behalf of or with “plan assets” (as determined under Department of Labor Regulations Section 2510.3-101 or otherwise) of a Plan, or any employee benefit plan subject to Similar Law, or (ii) its acquisition, holding and disposition of a Note or a beneficial interest in a Note do not give rise to a nonexempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code, or any Similar Law. Each Noteholder, by acceptance of a Note or a beneficial interest in a Note is deemed to make one of the foregoing representations. The Notes are issuable only in registered form in denominations as provided in the Indenture, subject to certain limitations therein set forth. This Note and the Indenture shall be construed in accordance with the laws of the State of Illinois, and the obligations, rights and remedies of the parties hereunder and thereunder shall be determined in accordance with such laws. No reference herein to the Indenture and no provision of this Note or of the Indenture shall alter or impair the obligation of the Issuer, which is absolute and unconditional, to pay the principal of and interest on this Note at the times, place, and rate, and in the coin or currency herein prescribed. Unless the certificate of authentication hereon has been executed by the Indenture Trustee whose name appears below by manual signature, this Note shall not be entitled to any benefit under th...
Required Holders. The term "Required Holders" shall mean, with respect to any class or type of Investor Securities, the holder or holders at the relevant time (excluding the Subject Entities) of more than 50% of the number of outstanding shares, as the case may be, of the specified class or type of Investor Securities.
Required Holders. 37 Section 5.14 Section 16 Matters .................................................................................... 37 Section 5.15 Maintenance of Listing ............................................................................. 38 Section 5.16 Related Party Transactions ....................................................................... 38 ARTICLE VI Conditions to Consummation of the Transactions ................................................. 39 Section 6.01 Conditions of the Investor ......................................................................... 39 Section 6.02 Conditions of the Company ...................................................................... 40
Required Holders. Prior to the Closing, the Company and its Subsidiaries shall conduct its business in the ordinary course of business and shall not take any action that it is not permitted to take under the Certificate of Designation without the approval of the Required Holders. Section 5.14
Required Holders. 7 Schedule I....................................................................1 Securities....................................................................1
Required Holders. The provisions of this Section shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied without regard to any limitations on the exercise of this Warrant.
Required Holders. Whenever any action, waiver or consent hereunder (collectively "Action") is required to be done, made or given by the Required Holders, such Action shall have been duly approved in accordance with the terms of this Agreement if the holders of a majority in principal amount of the outstanding Convertible Notes consent to or approve such Action. No meeting of holders of Convertible Notes shall be required in connection with any consent or approval hereunder and any or all such Actions may be taken by written consent signed by the Required Holders.
Required Holders. The Required Holders may direct the time, method and place of conducting any proceeding for any remedy available to Collateral Agent or of exercising any power conferred on Collateral Agent. Collateral Agent, however, may refuse to follow any direction that conflicts with law or the Note Documents to which Collateral Agent is a party or that may involve Collateral Agent in personal liability. Collateral Agent shall be under no obligation to exercise any of its rights or powers under any Note Document at the request or direction of any of the Holders unless the Holders have offered to Collateral Agent indemnity or security satisfactory to Collateral Agent against any actual or potential loss, liability or expense. [The remainder of this page has been intentionally left blank. The signature page follows.]
Required Holders. Section 13.4.
Required Holders. CDO Agreement Required Holders Alesco I: Majority-in-Interest of Preferred Shareholders Alesco II: Majority-in-Interest of Preferred Shareholders Alesco III: Majority-in-Interest of Preferred Shareholders. Alesco IV: Majority-in-Interest of Preferred Shareholders Alesco V: Majority-in-Interest of Preferred Shareholders Alesco VI: Majority-in-Interest of Preferred Shareholders Alesco VII: Majority-in-Interest of Income Notes Alesco VIII: Majority-in-Interest of Preferred Shareholders Alesco IX: Majority-in-Interest of Preferred Shareholders Alesco X: Majority-in-Interest of Preferred Shareholders Alesco XI: Majority-in-Interest of Preferred Shareholders Alesco XII: Majority-in-Interest of Preferred Shareholders Alesco XIII: Majority-in-Interest of Preferred Shareholders Alesco XIV: Majority-in-Interest of the First Tier Preferred Shareholders Alesco XV: Majority-in-Interest of the First Tier Preferred Shareholders Alesco XVI: Majority-in-Interest of the First Tier Preferred Shareholders Alesco XVII: Majority-in-Interest of the First Tier Preferred Shareholders Schedule 1.7 Collateral Management Fees Paid After 2/23/2010 CM Payments Received After 2/23/10 CM Payment Date Portion Accrued Through 2/23/10 Portion Accrued After 2/23/10 Retained Management Fee CM Fees Due ATP Management Alesco 1 $ 56,589 4/15/10 $ 23,893 $ 32,696 $ 11,947 $ 44,643 Alesco 1 84,883 7/15/10 84,883 84,883 Alesco 2 61,413 4/30/10 15,694 45,719 7,847 53,566 Alesco 3 55,507 4/15/10 23,436 32,071 11,718 43,789 Alesco 3 83,789 7/15/10 83,789 83,789 Alesco 4 97,608 4/30/10 24,944 72,664 12,472 85,136 Alesco 5 96,191 3/23/10 64,127 32,064 32,064 64,128 Alesco 5 93,697 6/23/10 93,697 93,697 Alesco 6 169,322 3/23/10 112,881 56,441 56,441 112,882 Alesco 6 166,828 6/23/10 166,828 166,828 Alesco 7 183,030 3/23/10 122,020 61,010 61,010 122,020 Alesco 7 174,947 6/23/10 174,947 174,947 Alesco 8 168,528 3/23/10 112,352 56,176 56,176 112,352 Alesco 8 168,562 6/23/10 168,562 168,562 Alesco 9 190,654 3/23/10 127,103 63,551 63,552 127,103 Alesco 9 179,667 6/23/10 179,667 179,667 Subtotal 2,031,217 626,450 1,404,767 313,225 1,717,992 Alesco 10 297,913 3/23/10 198,609 99,304 99,305 198,609 Alesco 10 296,563 6/23/10 296,563 296,563 Alesco 11 198,145 3/23/10 132,097 66,048 66,049 132,097 Alesco 11 191,995 6/23/10 191,995 191,995 Alesco 12 193,636 4/15/10 81,757 111,879 40,879 152,758 Alesco 12 184,523 7/15/10 184,523 184,523 Alesco 13 133,099 3/23/10 88,733 44,366 44,367 88,733 Alesco 13 131,162 6/23/10 131...
