Holder Actions. (a) Any notice, consent to amendment, supplement or waiver provided by this Agreement to be given by a Holder (an “act”) may be evidenced by an instrument signed by the Holder delivered to the Warrant Agent.
Holder Actions. 6.1 The Debtor hereby authorizes the Holder to file such financing statements and other documents and do such acts, matters and things (including completing and adding schedules hereto identifying the Collateral or any permitted Encumbrances affecting the Collateral or identifying the locations at which the Debtor's business is carried on and the Collateral and records relating thereto are situate) as the Holder may deem appropriate to perfect and continue the security constituted hereby, to protect and preserve the Collateral and to realize upon the security constituted hereby and the Debtor hereby irrevocably constitutes and appoints the Holder the true and lawful attorney of the Debtor, with full power of substitution, to do any of the foregoing in the name of the Debtor whenever and wherever it may be deemed necessary or expedient by the Holder.
Holder Actions. (a) Each Holder hereby approves and consents to the Offer. Each Holder shall tender or cause to be tendered all Old Notes beneficially owned by it or its affiliates pursuant to the Offer and shall vote or cause to be voted all such Old Notes in favor of the approval and adoption of the Plan of Reorganization, and will not vote in favor of any other plan of reorganization or any action that is intended or could reasonably be expected to adversely affect the Plan of Reorganization.
Holder Actions. (a) Any act by the Holder of any Note binds that Holder and every subsequent Holder of a Note that evidences the same debt as the Note of the acting Holder, even if no notation thereof appears on the Note. Subject to paragraph (b), a Holder may revoke an act as to its Notes, but only if the Trustee receives the notice of revocation before the date the amendment or waiver or other consequence of the act becomes effective.
Holder Actions. 3 1.03 Company Board Representation; Section 14(f)................................. 3 1.04 Conditions to Holders' Obligations.......................................... 4 ARTICLE II REPRESENTATIONS AND WARRANTIES OF THE COMPANY
Holder Actions. (a) [Reserved].
Holder Actions. Xxxxxx acknowledges and agrees that this Note is one of a series of notes issued or to be issued in accordance with the Purchase Agreement (collectively, the "Company Notes") and that the authority of the holders of Company Notes, including Xxxxxx's rights under this Note, are restricted by the terms and conditions of the Purchase Agreement and require the prior approval of the Required Holders, as defined therein. Xxxxxx further acknowledges and agrees that for so long as this Note remains outstanding, any amendment, waiver or other material action approved by the Required Holders applicable to the Company Notes in accordance with the Purchase Agreement shall be binding upon Holder and the Company under this Note.
Holder Actions. (a) subject to the terms and conditions of this Agreement, each Holder hereby severally:
Holder Actions. (a) Subject to the terms and conditions of this Agreement, each Holder hereby severally approves and consents to the Offer or, conversely, such Plan, and severally agrees to tender or cause to be tendered all Old Notes beneficially owned by it pursuant to the Offer and to vote or cause to be voted all such Old Notes in favor of the Indenture Amendment; PROVIDED, that if at any time the Company receives a bona fide offer for the purchase of the stock and/or Old Notes or all or substantially all of the assets of the Company or for the merger or consolidation of the Company with or into any other company (collectively, an "ALTERNATIVE OFFER"), which the Board of Directors and the Holders, in good faith after consultation with each other, determine to be superior to the Offer or Plan (a "SUPERIOR OFFER"), then the Holders shall have the right, prior to the Consummation Date of the Offer or the Effective Date of any such Plan, to rescind their approval and consent to the Offer or Plan, as applicable, and to vote for or consent to such Superior Offer. Each of the Company and the Holders agree to inform the other upon its receipt of any proposal, expression of interest or request for information from any person relating to an Alternative Offer and to deliver to the other any and all written materials received by such person in connection therewith. In addition, nothing contained herein shall be deemed to restrict the sale or transfer by any Holder of any of its Old Notes; provided, that the purchaser thereof shall be bound by the terms of this Agreement, including this Section 1.02.
Holder Actions. (a) Any Holder Action to be made, given or taken by Holders of one or more Series may be made, given or taken by such Holders by way of a Holder Direction, or where expressly required by this Indenture or another Series Specific Document, by a Special Holder Direction, from the Holders of such one or more Series. Every Holder Direction and Special Holder Direction given in accordance with this Indenture or a related Series Specific Document, shall be binding upon all Holders of the applicable Series whether or not they were present at any applicable meeting or otherwise themselves made, gave or took the Holder Action effected by such Holder Direction or Special Holder Direction, as the case may be, and the Trustee(subject to compliance with Section 8.3 with respect to the giving of sufficient funds and indemnity) shall be bound to give effect accordingly to every such Holder Direction and Special Holder Direction.
