Examples of Other Exchange Agreements in a sentence
Defendants admit only that the APA is a written document that speaks for itself.
The obligations of the Holder hereunder are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any of the Other Exchange Agreements or any other similar agreement.
The terms of any Other Exchange Agreements with any Other Holders are not more favorable in any material respect to such Other Holders than to the Holders under the terms of this Agreement; it being understood that any Other Exchange Agreements with any holder of 4.75% Convertible Senior Notes due 2023 do not contain a waiver or release of claims.
This Senior Note (including all Senior Notes issued in exchange, transfer or replacement hereof, this "Note") is one of an issue of Senior Notes issued pursuant to the Exchange Agreement (as defined below) on the Issuance Date (collectively, the "Notes" and such other Senior Notes issued on the same date pursuant to the Other Exchange Agreements (as defined below), the "Other Notes").
The Company, the Holder and various others entered into that certain Securities Purchase Agreement, dated as October 16, 2008 (as amended and modified by this Agreement and the Other Exchange Agreements (as defined below), the “Purchase Agreement”).
The obligations of the Holder hereunder and under the other Transaction Documents are several and not joint with the obligations of any other holder of any Securities (as defined in the Note), and the Holder shall not be responsible in any way for the performance of the obligations of any other holder of any Securities (as defined in the Note) under any of the Other Exchange Agreements, any other similar agreement or any of the Transaction Documents.
Each of the Other 2005 Note Holders shall have (i) executed the Other Exchange Agreements, (ii) satisfied or waived all conditions to the closings contemplated by such agreements and (iii) surrendered their Other 2005 Notes being exchanged at such closings.
The Holder shall be entitled, at its option, to the benefit of any amendment of any other similar warrant issued pursuant to the Other Exchange Agreements.
The Company represents to the Investor that the Company may be entering into one or more Other Exchange Agreements with certain Other Investors.
From the date hereof through the Closing, except as expressly contemplated by this Agreement or the Other Exchange Agreements, without obtaining the prior written consent of BCE, SkyTerra shall not set any record date with respect to any dividend or declare or pay any dividend, either in cash, securities or otherwise, on any shares of its capital stock, repurchase any shares of its capital stock, make any distributions to the holders of its capital stock or take any other similar action.