Required Holders. The Indenture also contains provisions permitting the Holders of the Notes representing specified percentages of the Outstanding Amount of the Notes, on behalf of the Holders of all the Notes, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder of this Note (or any one of more Predecessor Notes) shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange hereof or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The Indenture also permits the Indenture Trustee to amend or waive certain terms and conditions set forth in the Indenture without the consent of Holders of the Notes issued thereunder. Each Noteholder, by acceptance of a Note or a beneficial interest in a Note, is deemed to represent that (i) it is not, and is not acquiring and will not hold a Note or a beneficial interest in a Note on behalf of or with “plan assets” (as determined under Department of Labor Regulations Section 2510.3-101 or otherwise) of a Plan, or any employee benefit plan subject to Similar Law, or (ii) its acquisition, holding and disposition of a Note or a beneficial interest in a Note do not give rise to a nonexempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code, or any Similar Law. Each Noteholder, by acceptance of a Note or a beneficial interest in a Note is deemed to make one of the foregoing representations. The Notes are issuable only in registered form in denominations as provided in the Indenture, subject to certain limitations therein set forth. This Note and the Indenture shall be construed in accordance with the laws of the State of Illinois, and the obligations, rights and remedies of the parties hereunder and thereunder shall be determined in accordance with such laws. No reference herein to the Indenture and no provision of this Note or of the Indenture shall alter or impair the obligation of the Issuer, which is absolute and unconditional, to pay the principal of and interest on this Note at the times, place, and rate, and in the coin or currency herein prescribed. Unless the certificate of authentication hereon has been executed by the Indenture Trustee whose name appears below by manual signature, this Note shall not be entitled to any benefit under th...
Required Holders. The term "Required Holders" shall mean, with respect to any class or type of Investor Securities, the holder or holders at the relevant time (excluding the Subject Entities) of more than 50% of the number of outstanding shares, as the case may be, of the specified class or type of Investor Securities.
Required Holders. The Required Holders may direct the time, method and place of conducting any proceeding for any remedy available to Collateral Agent or of exercising any power conferred on Collateral Agent. Collateral Agent, however, may refuse to follow any direction that conflicts with law or the Note Documents to which Collateral Agent is a party or that may involve Collateral Agent in personal liability. Collateral Agent shall be under no obligation to exercise any of its rights or powers under any Note Document at the request or direction of any of the Holders unless the Holders have offered to Collateral Agent indemnity or security satisfactory to Collateral Agent against any actual or potential loss, liability or expense. The Collateral Agent shall be entitled to conclusively rely upon the Register maintained by the Company under the Note Purchase Agreement for purposes of determining whether any individual is a Holder and whether Holders satisfying the requisite percentage of holdings have provided the Collateral Agent with direction.
Required Holders. Prior to the Closing, the Company and its Subsidiaries shall conduct its business in the ordinary course of business and shall not take any action that it is not permitted to take under the Certificate of Designation without the approval of the Required Holders. Section 5.13
Required Holders. If any Event of Default other than those specified in Section 9.1(a) shall exist, the holder or holders of more than fifty percent (50%) in principal amount of the Notes then outstanding (exclusive of Notes then owned by any one or more of the Company, any Subsidiary or any Affiliate) may exercise any right, power or remedy permitted to such holder or holders by law, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal of, and all interest accrued on, all the Notes then outstanding to be, and such Notes shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and the Company shall forthwith pay to the holder or holders of all the Notes then outstanding the entire principal of, and interest accrued on, the Notes and, to the extent permitted by law, the Make-Whole Amount at such time with respect to such principal amount of such Notes.
Required Holders. Each of the Holders hereby covenants and agrees that the signature of all the Holders hereto constitutes the consent of the "Required Holders" as defined in Sections 3.1 of each of the Series A3 Certificate of Designation and the Series B3 Certificate of Designation. Each of the Holders hereby covenants and agrees, severally and not jointly, that each holds such number of Series A3 Warrants and Series B3 Warrants as each Holder received as of the date the Series A3 Warrants and Series B3 Warrants were issued by the Company.
Required Holders. The Buyers signing this Amendment are holders of Notes representing at least two thirds of the aggregate principal amount of the Notes now outstanding.
Required Holders. 7 Schedule I....................................................................1 Securities....................................................................1
Required Holders. 42 13.35. Securities Act................................................. 42 13.36. Senior Indebtedness............................................ 42 13.37. Significant Subsidiary......................................... 42 13.38. Stockholder.................................................... 42 13.39. Subject Entity................................................. 43 13.40. Subordinated Indebtedness...................................... 43 13.41. Subsidiary..................................................... 43 13.42. Wholly Owned Subsidiary........................................ 43 13.43.
Required Holders. 12 SEC........................................... 12 Securities.................................... 12