HTCC definition
Examples of HTCC in a sentence
For the avoidance of doubt (A) such interest is payable by HTCC in respect of each Interest Period on each Interest Payment Date (each such term as defined in the Unsecured Notes) in US dollars in advance and (B) the apportionment set forth in (ii) below shall relate to the Interest Period during which time the Closing shall occur.
Between the execution of this Agreement and Closing, the Parties shall take all actions and do all things necessary in order to implement the Closing Arrangements set forth in Exhibit J attached hereto, including taking all actions within their respective power so that HTCC gives effect to the closing arrangements contemplated therein.
Neither the execution and the delivery of this Agreement, nor the consummation of the transactions contemplated hereby, will violate any agreement or any constitution, statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government, governmental agency, or court to which the Seller or, to the Knowledge of the Seller, to which HTCC is subject or any provision of the Seller's charter or bylaws.
The Seller makes no representation or warranty, express or implied, at law or in equity, in respect of HTCC or any of its assets, liabilities or operations, except that the Seller represents and warrants that to the Knowledge of the Seller there is no fact that specifically applies to the Seller or HTCC that could reasonably be expected to have a Material Adverse Effect and that has not been set forth in this Agreement or in HTCC's public filings.
The Seller need not give any notice to, make any filing with, or obtain any authorization, consent, or approval of any third parties (including HTCC other than with respect to Warrants as provided above), any government or any governmental agency in order to consummate the transactions contemplated by this Agreement, or if such notice, filing, authorization, consent or approval is needed, it has been given or obtained.
Seller is not a party to, or bound by, any document or agreement (other than (A) the Senior Secured Debt Facility, (B) any banking agreements with HTCC that may arise in the course of normal business and (C) Seller's agreement on a best efforts basis to increase its participation in the Senior Secured Debt Facility following the Closing) that could materially and adversely affect the Shares, Unsecured Notes or Warrants or Buyer's rights and remedies under this Agreement.
Except as expressly set forth herein, Buyer hereby acknowledges and agrees that the Buyer is purchasing the Shares having made, to its full and complete satisfaction, a due diligence investigation of HTCC.
Buyer represents that any Seller Excluded Information which is currently known by Buyer would not, in Buyer's reasonable independent judgment, have a Material Adverse Effect, whether as a direct or indirect result of the transactions contemplated by this Agreement or otherwise, on the creditworthiness of HTCC.
Between the execution of this Agreement and Closing, the Seller shall use its reasonable best efforts to ensure that the Agreement set forth in Exhibit G (Agreement Amending the Warrants) shall be executed by HTCC.
Buyer has also provided Seller with all other material information that Seller has requested and all such information that investors in the United States public markets currently have access to in making an investment decision regarding a purchase or sale of HTCC Common Stock.