REPRESENTATION OF THE BONDHOLDERS Sample Clauses

REPRESENTATION OF THE BONDHOLDERS. (a) The Class The Bondholders will be automatically grouped together into a class (hereinafter referred to as the CLASS) for the defense of their common interests. The Class will be governed by the provisions of the Commercial Code, with the exception of Articles L. 228-48 and L. 228-59 (the COMMERCIAL CODE), and Decree No. 67-236 of March 23, 1967, as amended (with the exception of Articles 218, 222, 224 and 226 of the latter) and subject to the following provisions:
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REPRESENTATION OF THE BONDHOLDERS. For the purpose of representing their common interests, the Bondholders will be grouped into a body of Bondholders (a "masse") as a matter of law. The body of Bondholders will then be governed by the provisions of the French Commercial Code relating to commercial companies, and by decree n(0) 67-236 of 23 March 1967.
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REPRESENTATION OF THE BONDHOLDERS. The Bonds being issued outside of France, pursuant to article L. 228-90 of the Code de commerce the Bondholders will not be grouped in a "masse". Therefore, articles L. 228-46 through 228-69, L.228-71, article L.228-72, articles L.228-76 through L.228-81 and articles L.228-83 through L.228-89 shall not apply to the Bonds and the Bondholders. Instead, a trustee will act for the benefit of the Bondholders pursuant to the Indenture attached to this Agreement (the "TRUSTEE"), which Indenture is incorporated into this Agreement as if fully set forth herein.
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REPRESENTATION OF THE BONDHOLDERS. FIRST CHICAGO S.A. agrees to act as representative of the Bondholders in the sense of Article 1158 of the Swiss Code of Obligations. If at any time during the life of the Bonds FIRST CHICAGO S.A. shall resign or shall be incapable of fulfilling its function as representative of the Bondholders, the Bondholders expressly agree to the same replacement procedure as provided for in Section 4 for the Principal Paying Agent.
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Related to REPRESENTATION OF THE BONDHOLDERS

  • Representations of the Holders (a) Each of the initial Holders hereby represents and warrants to, and covenants with each other Holder that, as of the date hereof:

  • Representations of the Note Holders Each Note Holder represents and warrants that the execution, delivery and performance of this Agreement is within its corporate powers, has been duly authorized by all necessary corporate action, and does not contravene such Note Holder’s charter or any law or contractual restriction binding upon such Note Holder, and that this Agreement is the legal, valid and binding obligation of such Note Holder enforceable against such Note Holder in accordance with its terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally, and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law), and except that the enforcement of rights with respect to indemnification and contribution obligations may be limited by applicable law. Each Note Holder represents and warrants that it is duly organized, validly existing, in good standing and in possession of all licenses and authorizations necessary to carry on its business. Each Note Holder represents and warrants that (a) this Agreement has been duly executed and delivered by such Note Holder, (b) to such Note Holder’s actual knowledge, all consents, approvals, authorizations, orders or filings of or with any court or governmental agency or body, if any, required for the execution, delivery and performance of this Agreement by such Note Holder have been obtained or made and (c) to such Note Holder’s actual knowledge, there is no pending action, suit or proceeding, arbitration or governmental investigation against such Note Holder, an adverse outcome of which would materially and adversely affect its performance under this Agreement.

  • Representations of the Holder In connection with the issuance of this Warrant, the Holder specifically represents, as of the date hereof, to the Company by acceptance of this Warrant as follows:

  • Representations and Warranties of Indenture Trustee The Indenture Trustee represents and warrants and any successor trustee shall represent and warrant that:

  • REPRESENTATIONS OF THE OWNER The Owner represents, unless otherwise specified in writing, to be unaware of the following:

  • Representations and Warranties of the Owner Trustee The Owner Trustee hereby represents and warrants to the Depositor, for the benefit of the Certificateholders, that:

  • Representations of the Buyer The Buyer represents and warrants to the Seller as follows:

  • REPRESENTATIONS OF THE TRUST The Trust certifies to Ultimus that: (1) as of the close of business on the Effective Date, each Portfolio that is in existence as of the Effective Date has authorized unlimited shares, and (2) this Agreement has been duly authorized by the Trust and, when executed and delivered by the Trust, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.

  • Representations and Warranties of the Transfer Agent The Transfer Agent represents and warrants to the Fund that:

  • Representations and Warranties of the Indenture Trustee The Indenture Trustee hereby represents and warrants to the Issuer and for the benefit of the Noteholders, that, as of the Closing Date:

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