MHR Representative definition
Examples of MHR Representative in a sentence
Any notice or communication delivered to the MHR Representative shall be deemed to have been delivered to each Holder for all purposes hereof.
With respect to any such Underwritten Offering pursuant to a Demand Registration, the Company and the MHR Representative shall jointly select an investment banking firm of national standing to be the managing underwriter for the offering, which firm shall be reasonably acceptable to the Requesting Holders.
On the last day of any thirty (30) day period following delivery of the Suspension Notice during which the Suspension Period remains in effect, the Company shall deliver a written notice to the MHR Representative that the Suspension Period remains in effect (a “Bring-Down Suspension Notice”).
With respect to any such qualifying Underwritten Offering, the Company and the MHR Representative shall jointly select an investment banking firm of national standing to be the managing underwriter for the offering, which firm shall be reasonably acceptable to the Participating Holders.
The Company shall be entitled to rely upon the written communications of the MHR Representative, acting on behalf of any Holder, relating to matters addressed in this Agreement as communications of the Holders, including, without limitation, elections by Holders to exercise registration rights and any amendments, waivers or consents made pursuant to this Agreement.
Each of the Holders shall use their reasonable efforts to conduct all written communications to the Company pursuant to this Agreement through the MHR Representative.
In furtherance of the foregoing, the Company shall allocate any payments due to the Lenders under this Agreement as the MHR Representative will notify the Company, and such payments, as so directed and when so made, shall discharge pro tanto the Company’s obligations to the Lenders under this Agreement.
To the extent incurred on or prior to the Closing Date, the Company shall, on or prior to the Closing Date, pay all such costs and expenses by wire transfer of immediately available funds to the accounts specified therefor by the MHR Representative.
Any notice, information or communication delivered to the MHR Representative shall be deemed to have been delivered to each Lender for all purposes hereof.
The Commitment and each Borrowing shall be allocated among the Lenders as determined by the MHR Representative in its sole discretion, and the MHR Representative will notify the Company of such allocation at the time of each Borrowing hereunder.