Additional Consenting Noteholders. (a) A Noteholder, who is not an Original Consenting Noteholder, may become a Party as an Additional Consenting Noteholder by delivering a duly executed and completed Noteholder Accession Letter to the Information Agent. On delivery of a Noteholder Accession Letter to the Information Agent the acceding Noteholder agrees to be bound by the terms of this Agreement as an Additional Consenting Noteholder from the date of the relevant Noteholder Accession Letter. (b) If a Noteholder that accedes to this Agreement pursuant to (a) above has, prior to the date of its accession, entered into a Transfer in respect of all or any part of its Locked-Up Notes Debt such that it does not have the power to vote, or direct the voting of, or approve changes in respect of that Locked-Up Notes Debt, either directly or indirectly, it shall use reasonable endeavours to procure that the entity that does control the vote or approval delivers to the Information Agent a Noteholder Accession Letter in respect of that Locked-Up Notes Debt. (c) The Company may, in its discretion, accept Noteholder Accession Letters subject to non-material defects in the form and/or means of delivery without requiring such non-material defects to be resolved. The Company may, in its discretion, deem Noteholder Accession Letters received subject to material defects that are later resolved to have been received at the time of receipt of the defective document.
Appears in 1 contract
Sources: Lock Up Agreement
Additional Consenting Noteholders.
(a) A Noteholder, who is not an Original Consenting Noteholder, may become a Party as an Additional Consenting Noteholder by by:
(i) delivering a duly executed and completed Noteholder Accession Letter to the Information Agent. On delivery of a Noteholder Accession Letter to the Information Agent the acceding Noteholder agrees to be bound by the terms of this Agreement as an Additional Consenting Noteholder from the date of the relevant Noteholder Accession Letter.Letter.; or
(ii) if it delivered an Old LUA Accession Letter in accordance with the Old LUA, delivering an Accession Confirmation to the Information Agent and/or the Company's Counsel. On delivery of an Accession Confirmation to the Information Agent and/or the Company's Counsel, the acceding Noteholder agrees to be bound by the terms of this Agreement as an Additional Consenting Noteholder with retroactive effect from the date of its Old LUA Accession Letter.
(b) If a Noteholder that accedes to this Agreement pursuant to (a) above has, prior to the date of its accession, entered into a Transfer in respect of all or any part of its Locked-Up Notes Debt such that it does not have the power to vote, or direct the voting of, or approve changes in respect of that Locked-Up Notes Debt, either directly or indirectly, it shall use reasonable endeavours to procure that the entity that does control the vote or approval delivers to the Information Agent a Noteholder Accession Letter in respect of that Locked-Up Notes Debt.
(c) The Company may, in its discretion, accept Noteholder Accession Letters subject to non-material defects in the form and/or means of delivery without requiring such non-material defects to be resolved. The Company may, in its discretion, deem Noteholder Accession Letters received subject to material defects that are later resolved to have been received at the time of receipt of the defective document.
Appears in 1 contract
Sources: Lock Up Agreement
Additional Consenting Noteholders.
(a) A Noteholder, who is not an Original Consenting Noteholder, may become a Party as an Additional Consenting Noteholder by delivering a duly executed and completed Noteholder Accession Letter to the Information Agent. On delivery of a Noteholder Accession Letter to the Information Agent the acceding Noteholder agrees to be bound by the terms of this Agreement as an Additional Consenting Noteholder from the date of the relevant Noteholder Accession Letter.Letter.
(b) If a Noteholder that accedes to this Agreement pursuant to (a) above has, prior to the date of its accession, entered into a Transfer in respect of all or any part of its Locked-Up Notes Debt such that it does not have the power to vote, or direct the voting of, or approve changes in respect of that Locked-Up Notes Debt, either directly or indirectly, it shall use reasonable endeavours to procure that the entity that does control the vote or approval delivers to the Information Agent a Noteholder Accession Letter in respect of that Locked-Up Notes Debt.
(c) The Company may, in its discretion, accept Noteholder Accession Letters subject to non-material defects in the form and/or means of delivery without requiring such non-material defects to be resolved. The Company may, in its discretion, deem Noteholder Accession Letters received subject to material defects that are later resolved to have been received at the time of receipt of the defective document.
Appears in 1 contract
Sources: Lock Up Agreement
Additional Consenting Noteholders.
(a) A Noteholder, who is not an Original Consenting Noteholder, may become a Party as an Additional Consenting Noteholder by by:
(i) delivering a duly executed and completed Noteholder Accession Letter to the Information Agent. On delivery of a Noteholder Accession Letter to the Information Agent the acceding Noteholder agrees to be bound by the terms of this Agreement as an Additional Consenting Noteholder from the date of the relevant Noteholder Accession Letter.Letter; or
(ii) if it delivered an Old LUA Accession Letter in accordance with the Old LUA, delivering an Accession Confirmation to the Information Agent and/or the Company's Counsel. On delivery of an Accession Confirmation to the Information Agent and/or the Company's Counsel, the acceding Noteholder agrees to be bound by the terms of this Agreement as an Additional Consenting Noteholder with retroactive effect from the date of its Old LUA Accession Letter.
(b) If a Noteholder that accedes to this Agreement pursuant to (a) above has, prior to the date of its accession, entered into a Transfer in respect of all or any part of its Locked-Up Notes Debt such that it does not have the power to vote, or direct the voting of, or approve changes in respect of that Locked-Up Notes Debt, either directly or indirectly, it shall use reasonable endeavours to procure that the entity that does control the vote or approval delivers to the Information Agent a Noteholder Accession Letter in respect of that Locked-Up Notes Debt.
(c) The Company may, in its discretion, accept Noteholder Accession Letters subject to non-material defects in the form and/or means of delivery without requiring such non-material defects to be resolved. The Company may, in its discretion, deem Noteholder Accession Letters received subject to material defects that are later resolved to have been received at the time of receipt of the defective document.
Appears in 1 contract
Sources: Lock Up Agreement