CB Agreement definition
Examples of CB Agreement in a sentence
Capitalized terms used but not defined herein shall have the meaning ascribed to them in the CB Agreement.
C Upon conversion of the Convertible Loan in accordance with the CB Agreement, each CB Investors will execute a Deed of Adherence, substantially in the form attached hereto as Exhibit A, to this Agreement, reflecting that it has become a Party to this Agreement as the Series F Investor.
The CB Agreement generally remains in place as long as Commission bonds are outstanding for the benefit of the CCRC Borrower.
Unless otherwise defined in this deed, capitalized terms used herein shall have the meanings assigned to them in the CB Agreement.
Each of the Company and the Security Providers agrees to be jointly and severally liable for any Material Breach and further acknowledges that the aggregate amount of the CB Principal then outstanding and any and all unpaid accrued interest thereon pursuant to the CB Agreement (the “Liquidated Damage Amount”) is a reasonable approximation of the damages for a Material Breach, and such amount shall be deemed to be liquidated damages and not a penalty.
All prepayment requests from the Company shall be made to all holders of the Notes issued pursuant to the CB Agreement concurrently and pro rata to their respective outstanding principal amounts.
SDL may at any time amend, modify, supplement, alter, waive or extend this Clause 2 for the purpose of effecting the Transactions and with the ultimate goal of ensuring that the outstanding amounts under the CB Agreement is repaid to SDL, and any such amendment, modification, supplementation, alteration, waiver or extension will be binding on each other Party to this deed.
In the event that, the maturity date of the convertible loan provided by any Investor to Beijing Entity or the Company arrives prior to the Closing in accordance with the Onshore CB Agreement or the Offshore CB Agreements (as the case may be), this Agreement shall automatically be terminated between such Investor and the Warrantors, without affecting the effectiveness of this Agreement among the Warrantors and other Investors.
This Note can only be amended with the written consent of the Company and the Notes Majority, provided that no amendment shall be effective or enforceable if such amendment or waiver affects the Holder disproportionately and adversely differently from the other holders of the Notes issued pursuant to the CB Agreement, unless the Holder consents in writing to such amendment or waiver.
Fourth, to the extent there is any available cash remaining after the payment pursuant to sub-clause (iii) above, the balance of the Sale Proceeds shall be distributed to SDL to repay the interest for the CB Principal pursuant to the CB Agreement and the Notes.