EFFECTIVENESS OF EXCHANGE Sample Clauses

EFFECTIVENESS OF EXCHANGE. Upon acceptance of this Agreement by the Company, all of the Old Notes will be deemed to be exchanged for the New Note as of the date first set forth above and the Old Notes will thereupon be deemed null and void. Except for obligations created under this Agreement, by accepting this Agreement, Lender forever releases relieves and discharges the Company and its affiliates, subsidiaries, predecessors, successors, assigns, attorneys, partners, employees, directors, officers, shareholders, agents, representatives and related entities (collectively, the “Released Parties”), from any and all claims, demands, actions, cause or causes of action, suits debts, sums of money, controversies, damages, obligations, breaches and liabilities of every kind and nature, whether known or unknown, in law, equity or otherwise, that have existed or may exist as of the date of this Agreement relating to the Old Notes and all matters and agreements in connection therewith and related thereto.
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EFFECTIVENESS OF EXCHANGE. Effective as of the open of business on the Exchange Date, each outstanding share of Series [C] Preferred Stock shall, automatically and without the act of any Holder, be exchanged, out of funds legally available therefor, for an Unsecured Note having a principal amount equal to the Liquidation Preference Amount of such share. On and after the Exchange Date, each outstanding share of Series [C] Preferred Stock shall cease to be outstanding, dividends on such share shall cease to accrue, and all rights of the Holder(s) of such share shall terminate with respect to such share, other than the right to receive, upon delivery of such share to the Corporation or its registrar, an Unsecured Note having a principal amount equal to the Liquidation Preference Amount of such share in exchange therefor.
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EFFECTIVENESS OF EXCHANGE. Upon acceptance of this Agreement by the Company, all of the Tendered Notes will be deemed to be exchanged for the Securities as of the date first set forth above and the Tendered Notes will thereupon be deemed null and void. Except for obligations created under this Agreement and the Securities, by accepting this Agreement, each of Lender and the Company forever releases relieves and discharges the other and the other’s past, present and future affiliates, subsidiaries, predecessors, successors, assigns, attorneys, partners, members, employees, directors, governors, officers, shareholders, agents, representatives and related entities, from any and all claims, demands, actions, cause or causes of action, suits debts, sums of money, controversies, damages, obligations, breaches and liabilities of every kind and nature, whether known or unknown, in law, equity or otherwise, that have existed or may exist as of the date of this Agreement relating to the Tendered Notes and all matters and agreements in connection therewith and related thereto.
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EFFECTIVENESS OF EXCHANGE. Upon acceptance of this Agreement by the Company all of the Holder Notes will be deemed to be exchanged for the New Notes, and as of the date first set forth above the Holder Notes will thereupon be deemed null and void. Lender acknowledges that the Holder Notes are satisfied in full and no obligation is owing thereunder.
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Related to EFFECTIVENESS OF EXCHANGE

  • Effectiveness of Amendment (a) This Amendment shall become effective as of the date first written above.

  • Effectiveness of Amendments The amendments contained in this Amendment shall become effective upon delivery by the Borrower of, and compliance by the Borrower with, the following:

  • Effectiveness of Agreement This Agreement shall become effective upon the execution and delivery hereof by the parties hereto.

  • Effectiveness of Merger Upon the consummation of the Merger, the Company shall succeed to all the rights and obligations of Merger Sub under this Agreement, without any further action by any Person.

  • Effectiveness of Registration The Registration Statement, any Rule 462 Registration Statement and any post-effective amendment thereto have been declared effective by the Commission under the Act or have become effective pursuant to Rule 462 of the Rules and Regulations. The Company has responded to all requests, if any, of the Commission for additional or supplemental information. No stop order suspending the effectiveness of the Registration Statement or any Rule 462 Registration Statement is in effect and no proceedings for such purpose have been instituted or are pending or, to the knowledge of the Company, are threatened by the Commission.

  • Effectiveness of Contract The Contract shall take effect from the date of signatures or seals by the Lender and the Borrower.

  • Effectiveness of the Agreement This Agreement shall become effective when both the Company and the Representative have executed the same and delivered counterparts of such signatures to the other party.

  • Effectiveness of Assignment This Agreement, and the assignment and assumption contemplated herein, shall not be effective until (a) this Agreement is executed and delivered by each of the Assignor, the Assignee, the Administrative Agent and if required, the Borrower, and (b) the payment to the Assignor of the amounts owing by the Assignee pursuant to Section 2. hereof and (c) the payment to the Administrative Agent of the amounts owing by the Assignor pursuant to Section 3. hereof. Upon recording and acknowledgment of this Agreement by the Administrative Agent, from and after the Assignment Date, (i) the Assignee shall be a party to the Credit Agreement and, to the extent provided in this Agreement, have the rights and obligations of a Lender thereunder and (ii) the Assignor shall, to the extent provided in this Agreement, relinquish its rights (except as otherwise provided in Section 13.3 of the Credit Agreement) and be released from its obligations under the Credit Agreement; provided, however, that if the Assignor does not assign its entire interest under the Loan Documents, it shall remain a Lender entitled to all of the benefits and subject to all of the obligations thereunder with respect to its Commitment.

  • Effectiveness of Registration Statement The Registration Statement, including any Rule 462(b) Registration Statement, has become effective and at Closing Time no stop order suspending the effectiveness of the Registration Statement shall have been issued under the 1933 Act or proceedings therefor initiated or threatened by the Commission, and any request on the part of the Commission for additional information shall have been complied with to the reasonable satisfaction of counsel to the Underwriters. A prospectus containing the Rule 430A Information shall have been filed with the Commission in accordance with Rule 424(b) (or a post-effective amendment providing such information shall have been filed and declared effective in accordance with the requirements of Rule 430A) or, if the Company has elected to rely upon Rule 434, a Term Sheet shall have been filed with the Commission in accordance with Rule 424(b).

  • Effectiveness; Term This Agreement will be effective and binding as of the date first above written immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the

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