Exchange Offering definition
Examples of Exchange Offering in a sentence
In connection with the Initial Offering and the Exchange Offering, the Management Company shall be entitled to receive the fees provided for in Section 4.2 of the Declaration and permitted under the Agreement of Limited Partnership of the Operating Partnership (the "Partnership Agreement"), as applicable.
This Agreement shall not be deemed to represent a pledge of any interest in the Loan or any Underlying Asset by NW Capital to Exchange Offering Indenture Trustee or any Exchange Offering Noteholder.
Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Exchange Offering Indenture Trustee: U.S. Bank National Association Global Corporate Trust Services ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Mailstop LM-AZ-16P ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇, Vice President Email: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇, Esq.
Except as otherwise expressly permitted by this Agreement, any and all action taken by any Exchange Offering Noteholder and/or the Exchange Offering Indenture Trustee in respect of or relating to the Exchange Offering Indenture Note, the Borrower, any Borrower Subsidiary and/or any property owned by any Borrower Entity shall be treated as invalid unless such action is taken pursuant to, and in accordance with, the express terms of this Agreement.
Every document and instrument included within or executed in connection with the Exchange Offering Trust Indenture and the Exchange Offering Indenture Note, including, without limitation, this Agreement, shall be automatically subject and subordinate to each and every document and instrument included within the Senior Documents including, without limitation, any and all extensions, modifications, consolidations, supplements, amendments, replacements and restatements of and/or to the Senior Documents.
Payments to NW Capital, the Rights Offering Indenture Trustee and the Exchange Offering Indenture Trustee shall be made by the Cash Management Agent on each Distribution Date, pursuant to the terms of the Cash Management Agreement for so long as such agreement is in effect.
Exchange Offering Indenture Trustee, on behalf of itself and the Exchange Offering Noteholders, agrees that all costs and expenses incurred by NW Capital (including, without limitation, the fees and disbursements of counsel) incident to its enforcement, exercise, protection or preservation of any of its rights, remedies or claims under this Agreement shall be part of the Senior Obligations and the obligations arising hereunder.
In the event the purchaser fails to pay for the Subordinate Collateral, NW Capital may resell the Subordinate Collateral and Exchange Offering Indenture Trustee and the Exchange Offering Noteholders shall be credited with the proceeds of the sale.
Any action or proceeding to enforce the rights of NW Capital upon the occurrence of a Trigger Event may be taken by NW Capital either in Exchange Offering Indenture Trustee’s and the Exchange Offering Noteholders’ name or in NW Capital’s name, as NW Capital may deem necessary, in its sole discretion.
No original purchaser of Units or Common Shares in the Exchange Offering or the Cash Offering, as the case may be, shall have benefit of this provision if such purchaser voted in favor of the Capital Event at a meeting held for such purpose, unless the Security Holders also voted in favor of such Capital Event.