Examples of New Debenture in a sentence
The Amended Debentures shall have a principal amount equal to the principal amount of the Existing Debentures purchased by the Purchaser and shall be in substantially the form as the New Debenture.
The issuance by the Company of the New Debenture shall not have the effect of delisting or suspending the Common Shares from the Exchange.
The Company further acknowledges that Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any advice given by the Purchaser or any of its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is merely incidental to the Purchaser’s purchase of the New Debenture.
PROVIDED THAT it shall continue to act as Debenture Trustee until a New Debenture Trustee (as defined below) is appointed by the Company with consent of the Majority Debenture Holders and such New Debenture Trustee accepts its appointment pursuant to this Clause 4.11 (Retirement and Removal of Debenture Trustee).
The Company shall use the proceeds from the sale of the New Debenture hereunder (i) for general working capital purposes as agreed to by the Company and the Purchaser, (ii) to pay certain expenses incurred in connection with the Transaction Documents and the transactions contemplated thereby, including the expenses and fees due and payable to the Purchaser and (iii) to redeem any of the Existing Debentures at par to the extent requested, in writing, by the Purchaser.
The Amended Debentures shall be deemed to be issued under and shall be governed in all respects by the terms of this Agreement and the other New Debenture Financing Documents.
The Company is not, and upon consummation of the sale of the New Debenture, and for so long the Purchaser holds the Debentures, will not be, an “investment company,” a company controlled by an “investment company” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.
The obligations of the Company and the Subsidiaries under the New Debenture Financing Documents shall be secured by a Lien on all of the assets of the Company and the U.S. Subsidiaries (the “Collateral”) pursuant to the terms of the Security Documents.
Subject to the accuracy of the representations and warranties of the Purchaser contained in Section 3.2 hereof, the offer and sale of the New Debenture to the Purchaser as contemplated hereby (y) is exempt from the registration requirements of the U.S. Securities Act and from the prospectus requirements of applicable Canadian securities laws and (z) does not contravene the rules and regulations of the Exchange.
Neither the Company, nor any of its Subsidiaries or Affiliates, nor any Person acting on its or their behalf, has solicited any offer to buy or offer to sell the New Debenture by means of any form of general solicitation or general advertising, including within the meaning of Regulation D promulgated under the U.S. Securities Act, or in any manner involving a distribution to the public.