Extinguished definition
Examples of Extinguished in a sentence
In the event that (i) any such released Guarantor thereafter guarantees any Applicable Debt (or if any released guarantee under any Applicable Debt is reinstated or renewed) or (ii) the Extinguished Covenants cease to be suspended pursuant to Section 4.18 hereof then any such released Guarantor and any other Restricted Subsidiary of Hovnanian then existing (other than KHL, Inc., the Issuer (for so long as it remains the Issuer) and ▇.
Therefore, in order to offset the absence of any payment of cash collections arising in relation to such Deemed Extinguished Receivables, such Deemed Extinguished Receivables shall be considered as a Deemed Collection and shall be paid pursuant to Articles 28.2 and 28.3.
Until surrendered for exchange in accordance with the provisions of Section 3.2, each Certificate or First South Book-Entry Shares theretofore representing shares of First South Common Stock (other than Certificates or First South Book-Entry Shares representing Extinguished Shares), shall from and after the Effective Time represent for all purposes only the right to receive the Merger Consideration, without interest, as provided in Article 3.
Until surrendered for exchange in accordance with the provisions of Section 3.3, each Certificate theretofore representing shares of Carolina Trust Common Stock (other than Certificates representing Extinguished Shares), shall from and after the Effective Time represent for all purposes only the right to receive the Merger Consideration, without interest, as provided in Article 3.
Notwithstanding the execution of the Assignment and the extinguishment of the Extinguished Obligations, Borrower shall remain responsible for all other Indebtedness including, without limitation, the obligations with respect to which Borrower is fully liable as provided in Section 6.03 below.