Convertible Note Documents. All representations and warranties of the Company contained in the Convertible Note Documents to which it is party are true and correct as of the Closing Date.
Convertible Note Documents. Borrower shall deliver to Agent true and correct executed copies of the Convertible Note Documents promptly upon issuance of the Convertible Notes.
Convertible Note Documents. Make or cause to be made any cash payment or cash settlement in respect of any Permitted Convertible Notes, Permitted Bond Hedge Transactions or Permitted Warrant Transactions, except for:
Convertible Note Documents. A true and complete copy of each Convertible Note Document (a) is a Company SEC Document as of the date hereof, or (y) has been provided to the Purchaser as of the date hereof. Each Convertible Note Document is in full force and effect and, to the knowledge of the Company, enforceable against the counterparties of the applicable Group Company which is party thereto. The Company and its Subsidiaries and, to the knowledge of the Company, each other party thereto, are not in material default under, or in material breach or violation of, any Convertible Note Document.
Convertible Note Documents. Contemporaneously with the execution and delivery of this agreement, the Partnership is executing and delivering the Convertible Note Documents. Upon the delivery of any Conversion Notice and the satisfaction of any other conditions to exercise of the Conversion Right by any holder of one or more Convertible Notes, the Managing General Partner shall execute such instruments and take such other actions (including, without limitation, issuance of one or more Unit Certificates) as shall be necessary to evidence the conversion and issuance of Class A Units contemplated by the Convertible Note Documents and such Conversion Notice.
Convertible Note Documents. 25 5.06 Transfers Pursuant to JMB Agreement ............... 26 ARTICLE 6 - PROFITS, LOSSES AND DISTRIBUTIONS
Convertible Note Documents the Convertible Notes, the Convertible Indenture and any and all other documents, agreements or instruments executed in connection therewith or pursuant thereto. Convertible Note Reserve - a reserve in an amount equal to the outstanding principal amount of the Convertible Notes plus all accrued interest thereon and fees payable under the terms of the Convertible Notes. Convertible Notes - the $170,000,000 3% Convertible Senior Subordinated Notes due June 1, 2006 issued by Parent. Covenant Spring-Back Date - as such term is defined in Section 10.3.1. CWA - the Clean Water Act (33 U.S.C. SectionSection 1251 et seq.). Debt - as applied to a Person means, without duplication: (i) all items which in accordance with GAAP would be included in determining total liabilities as shown on the liability side of a balance sheet of such Person as of the date as of which Debt is to be determined, including Capitalized Lease Obligations; (ii) all Contingent Obligations of such Person; (iii) all reimbursement obligations in connection with letters of credit or letter of credit guaranties issued for the account of such Person; and (iv) in the case of a Borrower (without duplication), the Obligations; provided that the amount of any contingent liability under any indemnity obligation existing under any document or agreement evidencing such Debt shall, to the extent such contingent liability is unrelated to the underlying financial obligations of such Person in respect of such Debt, be excluded from the definition of "Debt" until such time as when such contingent liability matures or is or should be reported as "debt" for the purposes of GAAP. The Debt of a Person shall include any recourse Debt of any partnership or joint venture in which such Person is a general partner or joint venturer to the extent such Person is liable therefor. Default - an event or condition the occurrence of which would, with the lapse of time or the giving of notice, or both, become an Event of Default. Default Rate - on any date, a rate per annum that is equal to (i) in the case of each Revolver Loan outstanding on such date and the principal balance of the Term Loan outstanding on such date, 2% in excess of the rate otherwise applicable to such Loans on such date, and (ii) in the case of any of the other Obligations outstanding on such date, 2.50% in excess of the Base Rate in effect on such date.
Convertible Note Documents. The Borrower shall deliver the definitive Convertible Note Documents, which shall be substantially similar to the draft Convertible Note Documents previously provided to the Administrative Agent.
Convertible Note Documents. At the Closing, the Convertible Note Documents will have been duly executed, acknowledged (where appropriate) and delivered to the Purchaser by the Company, all in form and substance satisfactory to the Purchaser.
Convertible Note Documents. Contemporaneously with the execution and delivery of this agreement, the Partnership is executing and delivering the Convertible Note Documents. Upon the delivery of any Conversion Notice and the satisfaction of any other conditions to exercise of the Conversion Right by any holder of one or more Convertible Notes, the Managing General Partner shall execute such instruments and take such other actions (including, without limitation, issuance of one or more Unit Certificates) as shall be necessary to evidence the conversion and issuance of Class A Units contemplated by the Convertible Note Documents and such Conversion Notice. Each Partner that may hereafter become a Tag-Along Seller shall, upon request to do so by the Managing General Partner, comply with those provisions of Section 4.19 of the Convertible Note Indenture (as in effect on the date hereof) that are applicable to a Tag-Along Seller to the extent necessary to cause the Partnership to fulfill its obligations under such Section in respect of any Tag-Along Sale.
