Securing of the Debentures Sample Clauses

Securing of the Debentures. 4.4 The undertaking of the Company to repay the Debentures (principal, interest and linkage differences) is not secured by any collaterals.
Sample 1
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Securing of the Debentures. 5.1 The Debentures may or may not be secured by collateral, any pledge or otherwise. Information concerning the Debentures’ securing mechanism, if secured by collateral, any pledge or otherwise, will be provided in the Initial Shelf Offer Report for each of the relevant Series of Debentures.
Sample 1
Securing of the Debentures. 5.1 The Debentures that will be offered pursuant to the shelf offering reports in the framework of the Prospectus may be and may not be secured by any encumbrance. In a case in which the Debentures are secured by any collateral, the Trustee’s remuneration will be increased in accordance with the provisions of Clause 3.4 above. The Company reserves the right to create collateral security in favor of holders of the Debentures that may be issued in accordance with the Shelf Prospectus. Details about the mechanism for securing the Debentures that will be issued in accordance with the Shelf Prospectus, to the extent that they are secured by collateral, will be outlined in the framework of the relevant shelf offering report, and the conditions for the amendment to the Deed of Trust that is required by virtue of the addition of collateral security as aforesaid will be such that shall be agreed in advance with the Trustee. For the avoidance of doubt it is clarified that there shall be no obligation on the Trustee to examine, and at the date of issue of a series from the shelf the Trustee has in practice not examined and will not examine, the necessity for providing collateral security to secure the payments to the debenture holders, and the Trustee will not examine the economic value of the collateral security that will be provided (if any) to secure the payment to the debenture holders. Likewise the Trustee will not be required to carry out, and in practice the Trustee has not carried out, a financial, accounting or legal due diligence examination regarding the state of the business of the Company and/or the subsidiaries, and will not carry out such examination at the time of issue of a series from the shelf. By entering into this Deed of Trust, and by it agreeing to serve as trustee for the debenture holders, the Trustee is not expressing its opinion, whether expressly or impliedly, with regard to the Company’s ability to meet its obligations to the debenture holders. Nothing in the foregoing shall derogate from the duties and obligations of the Trustee according to law and/or under the Deed of Trust, including there being nothing which derogates from the Trustee’s obligation (to the extent that such obligation applies to the Trustee according to any law) to examine the effect of changes in the Company from the date of the Prospectus onwards, where such changes could adversely affect the Company’s ability to meet its obligations to the debenture holders. Nothing...
Sample 1

Related to Securing of the Debentures

  • The Debentures SECTION 2.01.

  • Purchase of Convertible Debentures Subject to the satisfaction (or waiver) of the terms and conditions of this Agreement, each Buyer agrees, severally and not jointly, to purchase at Closing (as defined herein below) and the Company agrees to sell and issue to each Buyer, severally and not jointly, at Closing, Convertible Debentures in amounts corresponding with the Subscription Amount set forth opposite each Buyer's name on Schedule I hereto. Upon execution hereof by a Buyer, the Buyer shall wire transfer the Subscription Amount set forth opposite his name on Schedule I in same-day funds or a check payable to "Wachovia, N.A., as Escrow Agent for MobilePro Corp.,/ Cornell Capital Partners, LP ", which Subscription Amount shall be held in escrow pursuant to the terms of the Escrow Agreement (as hereinafter defined) and disbursed in accordance therewith. Notwithstanding the foregoing, a Buyer may withdraw his Subscription Amount and terminate this Agreement as to such Buyer at any time after the execution hereof and prior to Closing (as hereinafter defined).

  • Subordinated Notes The Subordinated Notes have been duly authorized by the Company and when executed by the Company and issued, delivered to and paid for by the Purchasers in accordance with the terms of the Agreement, will have been duly executed, authenticated, issued and delivered, and will constitute legal, valid and binding obligations of the Company and enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally or by general equitable principles.

  • Purchase and Sale of Convertible Debentures 5 2.1 Purchase and Sale; Purchase Price..........................................................................5 2.2 Execution and Delivery of Documents; the Closing...........................................................6 2.3 The Post-Closing...........................................................................................7

  • Term Notes The Term Loan made by each Lender and interest accruing thereon shall be evidenced by the records of Agent and such Lender. At the request of any Lender, Borrowers shall deliver a Term Note to such Lender.

  • Convertible Notes The Convertible Notes are subject to different conversion calculations depending on the event triggering conversion as described in the Notes (e.g., an IPO or other liquidity event). For illustration purposes, assuming the optional conversion right is exercised today, based on the current capitalization and the $50,000,000 assumed valuation specified for an optional conversion in the Notes, there would be 4,705,224 additional shares issued; provided however, that each holder of Notes is subject to a maximum 9.99% ownership of the shares of capital stock of the Company at any one time. This illustration calculation does not account for the 6% interest component.

  • Public Offering of the Notes The Representatives hereby advise the Company that the Underwriters intend to offer for sale to the public, as described in the Disclosure Package and the Prospectus, their respective portions of the Notes as soon after the Execution Time as the Representatives, in their sole judgment, have determined is advisable and practicable.

  • Debt and Stock Redemption 2. (a) Bancorp and any nonbank subsidiary shall not, directly or indirectly, incur, increase, or guarantee any debt without the prior written approval of the Reserve Bank and the DFCS. All requests for prior written approval shall contain, but not be limited to, a statement regarding the purpose of the debt, the terms of the debt, and the planned source(s) for debt repayment, and an analysis of the cash flow resources available to meet such debt repayment.

  • Form of Debentures Except in respect of the Initial Debentures, the form of which is provided for herein, the Debentures of each series shall be substantially in such form or forms (not inconsistent with this Indenture) as shall be established herein or by or pursuant to one or more resolutions of the Board of Directors (or to the extent established pursuant to, rather than set forth in, a resolution of the Board of Directors, in an Officers’ Certificate detailing such establishment) or in one or more indentures supplemental hereto, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture, and may have imprinted or otherwise reproduced thereon such legend or legends or endorsements, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto or with any rules or regulations of any securities exchange or securities regulatory authority or to conform to general usage, all as may be determined by the directors or officers of the Corporation executing such Debentures on behalf of the Corporation, as conclusively evidenced by their execution of such Debentures.

  • Investments, Loans, Advances, Guarantees and Acquisitions The Borrower will not, and will not permit any of its Subsidiaries to, purchase, hold or acquire (including pursuant to any merger with any Person that was not a wholly owned Subsidiary prior to such merger) any capital stock, evidences of indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any loans or advances to, Guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions) any assets of any other Person constituting a business unit, except:

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