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. 33 Section 5.13 Section 16 Matters .................................................................................... 33 Section 5.14 Maintenance of Listing ............................................................................. 34 Section 5.15 Related Party Transactions ....................................................................... 34 ARTICLE VI Conditions to Consummation of the Transactions ................................................. 34 Section 6.01 Conditions of the Investor ......................................................................... 34 Section 6.02 Conditions of the Company ...................................................................... 35
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. Registered Holders of a number of shares of then outstanding Common Stock constituting Registrable Securities and an aggregate amount of then outstanding Notes constituting Registrable Securities, such that the sum of such shares of Common Stock and the shares of Common Stock issuable (whether currently or in the future) upon conversion of such Notes constitutes in excess of 50% of the sum of all of the then outstanding shares of Common Stock constituting Registrable Securities and the number of shares of Common Stock issuable (whether currently or in the future) upon conversion of then outstanding Notes constituting Registrable Securities. For purposes of the preceding sentence, Registrable Securities owned, directly or indirectly, by the Company or its Affiliates shall not be deemed outstanding.
Required Holders. The Holders holding Notes in an outstanding principal amount greater than 50% of the total outstanding principal amount of all Notes.
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. 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. 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 outstanding principal amount or number of outstanding shares, as the case may be, of the specified class or type of Investor Securities, or if no class or type is specified, the holder or holders at the relevant time (excluding the Subject Entities) of each of (i) more than 50% in outstanding principal amount of the Notes, (ii) more than 50% of the outstanding shares of Common Stock which constitute Investor Securities, and (iii) more than 50% of the outstanding Warrants which constitute Investor Securities.
Required Holders. 12 SEC........................................... 12 Securities.................................... 12
