Examples of 2011 Note Purchase Agreement in a sentence
Such Purchaser shall have received a fully executed copy of each of the 2011 Note Purchase Agreement and the 2011 NPA Amendment, accompanied by an Officer’s Certificate certifying that such copies are true, correct and complete copies thereof and that the 2011 Note Purchase Agreement is in full force and effect (it being understood that the effectiveness of the 2011 NPA Amendment shall be subject to the satisfaction or waiver of the conditions precedent set forth therein).
Except as expressly amended hereby, the 2011 Note Purchase Agreement shall remain in full force and effect in accordance with its terms, without any waiver, amendment or modification of any provision thereof.
The Borrower has requested that the Bank consent to the Borrower receiving proceeds from the issuance of additional unsecured Subordinated Debt to the December 2011 Creditors, as more fully described in the December 2011 Note Purchase Agreement, in substantially the form attached as Exhibit A hereto (such issuance hereafter referred to as the “Transaction”).
The Company has no outstanding warrants, options, convertible Securities or preemptive or other rights for the purchase, nor is it a party to or is it bound by any agreement or other instrument restricting or affecting the issuance, of capital stock of the Company other than the Company’s charter, under Section 6.6 of the Credit Agreement, under Section 10.4 of the 2011 Note Purchase Agreement under Section 10.4 of the 2012 Note Purchase Agreement and under Section 10.4 of the 2013 Note Purchase Agreement.
Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the 2011 Note Purchase Agreement.