Common use of Solicitation of Holders Clause in Contracts

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder of Notes as consideration for or as an inducement to entering into by any Holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid on the same terms, ratably to each Holder of Notes then outstanding even if such Holder did not consent to such waiver or amendment.

Appears in 6 contracts

Samples: Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp)

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Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid on the same terms, ratably to each Holder of Notes then outstanding even if such Holder did not consent to such waiver or amendment.

Appears in 3 contracts

Samples: Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp), Allied Capital Corp

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient the same information and opportunity to enable it obtain information as furnished by or on behalf of the Company to make an informed decision with respect theretoany other holder of the Notes. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid paid, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to such waiver outstanding. Nothing contained in this Section 7.2 shall restrict or amendmentlimit the Company in making any prepayment on the Notes in accordance with Section 2.

Appears in 2 contracts

Samples: Note Agreement (Cleveland Cliffs Inc), Note Agreement (Cleveland Cliffs Inc)

Solicitation of Holders. So long as there are any Notes outstanding, the Company no Obligor will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company such Obligor and shall be afforded the opportunity of considering the same and shall be supplied by the Company Obligors with sufficient information to enable it to make an informed decision with respect thereto. The Company No Obligor will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to the entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to such waiver or amendmentoutstanding.

Appears in 2 contracts

Samples: Intertape Polymer Group Inc, Intertape Polymer Group Inc

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered and paid, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to such waiver or amendmentoutstanding.

Appears in 2 contracts

Samples: Note Agreement (Nash Finch Co), Note Agreement (Nash Finch Co)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes or the other Note Documents unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectlyindirectly through any subsidiary, affiliate or otherwise, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder of Notes holder as consideration for or as an inducement to entering into by any Holder of Notes holder of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes or the other Note Documents unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to such waiver or amendmentoutstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Kmart Corp)

Solicitation of Holders. So long as there are any Notes outstanding, the Company no Obligor will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company such Obligor and shall be afforded the opportunity of considering the same and shall be supplied by the Company Obligors with sufficient information to enable it to make an informed decision with respect thereto. The Company No Obligor will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to such waiver or amendmentoutstanding.

Appears in 1 contract

Samples: Note Agreement (Intertape Polymer Group Inc)

Solicitation of Holders. So long as there are any Notes outstanding, the Company and its Affiliates will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes Original Notes, as the case may be (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company and its Affiliates will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably pro rata based on the principal amount outstanding to each Holder the holders of Notes the then outstanding even if such Holder did not consent to such waiver or amendmentOriginal Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Panther Expedited Services, Inc.)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes of a Series unless each Holder of the Notes of such Series (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder of Notes a Series as consideration for or as an inducement to entering into by any Holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement Agreement, a Supplement or the Notes of such Series unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder all Holders of Notes then outstanding even if such Holder did not consent to such waiver or amendmentSeries.

Appears in 1 contract

Samples: Note Agreement (California Water Service Group)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder of Notes as consideration for or as an inducement to entering into by any Holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the Holders of all Notes then outstanding even if such Holder did not consent to outstanding. Promptly and in any event within 30 days of the date of execution and delivery of any such waiver or amendment, the Company shall provide a true, correct and complete copy thereof to each of the Holders of the Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Value Partners LTD /Tx/)

Solicitation of Holders. So long as there are any Notes outstanding, the Company and its Affiliates will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder the holders of Notes (irrespective a majority of the aggregate principal amount of the Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it such holders to make an informed decision with respect thereto. The Company and its Affiliates will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably pro rata based on the principal amount outstanding to each Holder the holders of Notes the then outstanding even if such Holder did not consent to such waiver or amendmentNotes.

Appears in 1 contract

Samples: Note Purchase Agreement (Bare Escentuals Inc)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes or Warrants of any waiver or amendment of any of the terms and provisions of this Agreement Agreement, the Notes or the Notes Warrants unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the holders of all Notes and Warrants then outstanding even if such Holder did not consent to outstanding. Promptly and in any event within 30 days of the date of execution and delivery of any such waiver or amendment, the Company shall provide a true, correct and complete copy thereof to each of the holders of the Notes and the Warrants.

Appears in 1 contract

Samples: Note Agreement (Shade Acquisition Inc)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to such waiver or amendment.outstanding:

Appears in 1 contract

Samples: Cabela’s Incorporated (Cabelas Inc)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to outstanding. Promptly and in any event within 30 days of the date of execution and delivery of any such waiver or amendment, the Company shall provide a true, correct and complete copy thereof to each of the holders of the Notes. .

Appears in 1 contract

Samples: Carter Wallace Inc /De/

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Solicitation of Holders. So long as there are any Notes outstanding, the Company Obligors will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company Obligors and shall be afforded the opportunity of considering the same and shall be supplied by the Company Obligors with sufficient information to enable it to make an informed decision with respect thereto. The Company Obligors will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to such waiver or amendmentoutstanding.

Appears in 1 contract

Samples: Note Agreement (Quad/Graphics, Inc.)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or payor cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to such waiver or amendmentoutstanding.

Appears in 1 contract

Samples: Note Agreement (Connecticut Water Service Inc / Ct)

Solicitation of Holders. So long as there are any Notes outstanding, the Company and its Affiliates will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes Notes, as the case may be (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company and its Affiliates will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably pro rata based on the principal amount outstanding to each Holder the holders of Notes then outstanding even if such Holder did not consent to such waiver or amendmentNotes.

Appears in 1 contract

Samples: Note Purchase Agreement (Panther Expedited Services, Inc.)

Solicitation of Holders. So long as there any Subject Securities are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes any other Operative Document, unless each Holder holder of Notes Subject Securities (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes Subject Securities as consideration for or as an inducement to the entering into by any Holder of Notes such holder of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes any other Operative Document, unless such remuneration is concurrently paid paid, on the same terms, ratably to each Holder the holders of Notes all of the Subject Securities then outstanding even if such Holder did not consent to such waiver or amendmentoutstanding.

Appears in 1 contract

Samples: Nexell Therapeutics Inc

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement (including any Supplement) or the Notes unless each Holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder of Notes as consideration for or as an inducement to entering into by any Holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement (including any Supplement) or the Notes unless such remuneration is concurrently paid on the same terms, ratably to each Holder of Notes then outstanding even if such Holder did not consent to such waiver or amendment.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, Allied Capital Corporation Note Agreement whether by way of supplemental or additional interest, fee or otherwise, to any Holder of Notes as consideration for or as an inducement to entering into by any Holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid on the same terms, ratably to each Holder of Notes then outstanding even if such Holder did not consent to such waiver or amendment.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment with respect to a Series of any of the provisions of this Agreement or the Notes of such Series unless each Holder of Notes of such Series (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder of the Notes of a Series as consideration for or as an inducement to entering into by any such Holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder all Holders of Notes then outstanding even if of such Holder did not consent to such waiver or amendmentSeries.

Appears in 1 contract

Samples: Note Agreement (Semco Energy Inc)

Solicitation of Holders. So long as there are any Notes outstanding, the Company Issuer will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company Issuer and shall be afforded the opportunity of considering the same and shall be supplied by the Company Issuer with sufficient information to enable it to make an informed decision with respect thereto. The Company Issuer will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered and paid, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to outstanding. Promptly and in any event within 30 days of the date of execution and delivery of any such waiver or amendment, the Issuer shall provide a true, correct and complete copy thereof to each of the holders of the Notes. Section 8.3.

Appears in 1 contract

Samples: Dollar Tree (Dollar Tree Stores Inc)

Solicitation of Holders. So long as there are any Notes outstanding, the Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each Holder holder of Notes (irrespective of the amount of Notes then owned by it) shall be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any Holder holder of Notes as consideration for or as an inducement to entering into by any Holder holder of Notes of any waiver or amendment of any of the terms and provisions of this Agreement or the Notes unless such remuneration is concurrently paid offered, on the same terms, ratably to each Holder the holders of all Notes then outstanding even if such Holder did not consent to such waiver or amendmentoutstanding.

Appears in 1 contract

Samples: Penford Corp

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