Examples of Exchanged Debentures in a sentence
The Exchanged Debentures will count towards the Minimum and Maximum Offering.
The Subordinated Noteholder Representative shall have no duties or responsibilities except those expressly set forth in the Indenture, the Exchanged Debentures, this Agreement and the other Transaction Documents.
Until the Debentures are exchanged for Exchanged Debentures, the form of Notice of Conversion included in the Debentures set forth the totality of the procedures required of the Purchasers in order to convert the Debentures.
Assuming that the Investor’s representations and warranties in Section 2 are true, the Exchange, the conversion of the Exchanged Debentures into the Exchanged Conversion Shares in the manner contemplated by the Exchanged Indenture and the exercise of the Exchanged Warrants for the Exchanged Warrant Shares in the manner contemplated by the Exchanged Warrant, are exempt from the registration requirements of the Securities Act.
The Holder has not, in whole or in part, (a) assigned, transferred, hypothecated, pledged or otherwise disposed of any of the Exchanged Debentures or its rights in the Exchanged Debentures, or (b) given any person or entity any transfer order, power of attorney or other authority of any nature whatsoever with respect to the Exchanged Debentures.
The Company agrees to comply with all the terms and conditions of all agreements set forth in the representation letters of the Company to DTC, in each case relating to the approval of the Exchanged Debentures, the Exchanged Conversion Shares and the Exchanged Warrant Shares by DTC for “book entry” transfer.
At the Closing, the Investors, severally and not jointly, agree to exchange with the Buyer, in the aggregate, US$450,000 principal amount of the Convertible Debentures (the "Exchanged Debentures") for, in the aggregate, all of the Buyer's Class B Membership Interests in the manner set forth in the Operating Agreement.
At the Closing, each Investor shall deliver to the Buyer the principal amount of Exchanged Debentures set forth on the signature pages hereto, the Buyer and the Investors shall deliver the fully executed Operating Agreement and the Investors shall each receive a receipt evidencing each such Investor's Class B Membership Interest.
The Company further acknowledges that any dilutive effect that the issuance of the Exchanged Conversion Shares upon conversion of the Exchanged Debentures in accordance with this Agreement and the Exchanged Indenture may have on the ownership interests of other stockholders of the Company shall have no effect on the Company’s obligation to issue Exchanged Conversion Shares upon conversion of the Exchanged Debentures in accordance with this Agreement and the Exchanged Indenture.
The Company will use its reasonable best efforts to cause the Exchanged Debentures to be designated as PORTAL securities in accordance with the rules and regulations adopted by the Financial Industry Regulatory Authority (“FINRA”) relating to trading in PORTAL and to permit the Securities to be eligible for clearance and settlement through DTC.