Notes Purchasers definition
Examples of Notes Purchasers in a sentence
For the avoidance of doubt, this Section 2(f) does not relate to any Equity Securities which may be issued to the Senior Notes Purchasers in respect of the Senior Notes Commitment Fee.
Pursuant to the terms of the Original Agreement, the Company has issued and sold to the 2010 Notes Purchasers $50,000,000 aggregate original principal amount of its 7.75% Senior Secured Notes due September 17, 2017 (as amended, restated, supplemented or otherwise modified from time to time, the “2010 Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13).
Every power and remedy given by the Notes or by law may be exercised from time to time, and as often as shall be deemed expedient, by each Notes Purchaser (unless the provisions of this Agreement shall expressly condition such right or remedy upon prior approval of the Majority Notes Purchasers).
Pursuant to the terms of the Prior Agreement, the Company has issued and sold to the 2011 Notes Purchasers $25,000,000 aggregate original principal amount of its 7.375% Senior Secured Notes due February 10, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “2011 Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13).
In furtherance of the foregoing, any registration rights provided to the Additional Notes Purchasers shall not be inconsistent with the registration rights provided by Article V.
The Company shall not enter into, or amend or modify, any agreements or terms with respect to the Additional Notes Offering (including with respect to the Bridge Notes) in a manner that has the effect of establishing rights or otherwise benefiting the Additional Notes Purchasers in a manner that is more favorable to any Additional Notes Purchaser than the rights and benefits established in favor of the Purchaser by this Agreement.
In the event Seller desires to sell, transfer or otherwise negotiate the above Notes, Purchasers and/ or Guarantors shall execute any and all documents necessary to effectuate such sale, transfer or negotiation at closing.
The Revolving Agent expressly waives all notice of the acceptance of and reliance on this Agreement by the Notes Agent and the Notes Purchasers.
All obligations of the Company and all rights, powers and remedies of the Agent and the Convertible Notes Purchasers expressed herein are in addition to all other rights, powers and remedies possessed by them, including, without limitation, those provided by applicable law or in any other written instrument or agreement relating to any of the Liabilities or any security therefor.
On December 18, 2003, Southwall, ▇▇▇▇▇▇▇ & Company and the Convertible Notes Purchasers entered into an Investment Agreement, as amended (the "Previous Agreement") which provided for, among other things, the provision of certain guaranties by ▇▇▇▇▇▇▇ & Company and for the purchase of shares of preferred stock of Southwall, each subject to the terms and conditions of the Previous Agreement.