CEFL definition
Examples of CEFL in a sentence
Unless this Agreement has been terminated pursuant to Section 5.1, CEFL hereby agrees that it shall affirmatively consent by tendering the CEFL Exchanged Notes held by it, and cause each of its respective Affiliates who are holders of 2011 Notes or Springing Lien Notes to consent by tendering the CEFL Exchanged Notes held by it, to the amendments contemplated by this Section 4.10(c).
Unless this agreement has been terminated pursuant to Section 5.1, CEFL hereby agrees that it shall, and shall cause its Affiliates who are holders of 2011 Notes or Springing Lien Notes to, affirmatively consent to the amendments contemplated by this Section 4.10(c) by submitting consents in respect of all 2011 Notes and Springing Lien Notes such that CEFL shall have ensured that more than 50% of the 2011 Notes and the Springing Lien Notes have submitted consents.
The Rights Agreement Amendment shall provide that if CEFL or any of its Affiliates pledge, hypothocate, rehypothocate or otherwise transfer, sell or assign any securities of the Company in connection with any financing or similar transaction effected in the ordinary course, any securities CEFL or such Affiliates receive back in connection therewith shall be deemed to have been “received” by CEFL or its Affiliates in the Exchange Offer for purposes of the Rights Agreement.
CEFL and the Company hereby agree that the Offer to Exchange attached as Exhibit B to this Amendment shall be the Offer Document as defined in the Exchange Agreement.
The Company and CEFL hereby waive any notice requirement with respect to each other under the Exchange Agreement, if any, pertaining to the matters covered by this Amendment.
CEFL hereby agrees to waive the Consent Fee with respect to its 2011 Notes and Springing Lien Notes, whether or not such Notes are tendered in the Exchange Offer; provided, however, that CEFL shall receive the Failed Exchange Offer Consent Fee if such fee is payable.
Section 6.8 of the Exchange Agreement provides that the Exchange Agreement may be amended or modified in whole or in part at any time by an agreement in writing between the Company and CEFL executed in the same manner as the Exchange Agreement.
The Sellers further agree that CEFL shall not be obligated to refrain from using any such Excluded Information in connection with this transaction, and that the parties shall not have any liability to each other with respect to any such non-disclosure or use of Excluded Information in connection with this transaction or any related transaction.
CEFL assigns to the Company, for the term of this Lease, the benefit of all warranties, guarantees or other undertakings (the Company hereby guaranteeing the assignability thereof) made by the supplier or the manufacturer of the Equipment, but CEFL will not be responsible under these warranties, guarantees or undertakings.
In the event that the applicable Estimated Accrued Interest Amount is greater than the applicable Final Accrued Interest Amount, the applicable Seller shall pay CEFL an amount equal to the difference between the applicable Estimated Accrued Interest Amount and the applicable Final Accrued Interest Amount in accordance with Section 4 hereof.