Examples of 1995 Note Purchase Agreement in a sentence
The 1995 Note Purchase Agreement shall be, and hereby is, amended and restated in its entirety by this Agreement.
Digi also committed in the 1995 Note Purchase Agreement to purchase an additional convertible secured promissory note in the original principal amount of $1,433,290.
Digi has expressed interest in purchasing, and the Company desires to have Digi purchase, in part for the development and commercial exploitation of V.Mach Technology, convertible promissory notes of the Company, in the aggregate principal amount of $9,000,000, in addition to one for $1,433,290 originally to be issued pursuant to the 1995 Note Purchase Agreement and the 1995 Convertible Note previously issued pursuant to the 1995 Note Purchase Agreement.
Note: The covenant compliance for the 1995 Note Purchase Agreement, the 1999 Note Purchase Agreement and the 2001 Note Purchase Agreement have been calculated based on actual results as of and for the quarter ended September 30, 2002.
Each Lender --------------------------------------- consents and agrees that the 8.02% senior notes issued by Borrower pursuant to the 1995 Note Purchase Agreement comply with the provision of Section 6.2(b)(viii) of the Loan Agreement.
The Company will require each Subsidiary, and each entity that would constitute a Subsidiary but for its being organized under the laws of a jurisdiction outside the United States of America, that guarantees any obligations of the Company under the NCNB Agreement, the Bridge Facility or the 1995 Note Purchase Agreement, or under any replacement or refinancing thereof, immediately to execute and deliver a Guaranty to the holder of each Note.
The Company and each Remaining Holder hereby agree that the Notes will be subject to the terms and conditions of the 1995 Note Purchase Agreement as herein amended and restated.
On or before April 30, 1999, the Company will grant a security interest in the stock of all of its Subsidiaries who are Guarantors (other than Western Gas Resources Storage, Inc.) to Prudential, as collateral agent for the holders of the Notes, to the holders of the notes issued pursuant to the 1995 Note Purchase Agreement and to NCNB, as agent for the Banks parties to the NCNB Agreement and the lender under the Bridge Facility.
During the period from the Effective Date through October 15, 2002, Sections 10.3 through 10.7 and Section 10.9 of the 1995 Note Purchase Agreement and the 1999 Note Purchase Agreement, and Sections 11.3 through 11.7 and Section 11.9 of the 2001 Note Purchase Agreement, shall be suspended and, in lieu thereof, the Company shall, and shall cause its Subsidiaries to, comply with the provisions of Section 5(b) of this Standstill Agreement, provided, however, that no write-down of DDD Energy, Inc.
During the period from the Effective Date through July 17, 2002, Sections 10.3 through 10.7 and Section 10.9 of the 1995 Note Purchase Agreement and the 1999 Note Purchase Agreement, and Sections 11.3 through 11.7 and Section 11.9 of the 2001 Note Purchase Agreement, shall be suspended and, in lieu thereof, the Company shall, and shall cause its Subsidiaries to, comply with the provisions of Section 5(b) of this Standstill Agreement.