Symphony Fund(s) definition
Examples of Symphony Fund(s) in a sentence
The Company has furnished the Symphony Funds correct and complete copies of any agreements described above in this Section 2.1 requested by the Symphony Funds.
No notice to or demand on any Obligor in any case shall entitle any Obligor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Holders or the Symphony Funds to any other or further action in any circumstances without notice or demand.
This Agreement shall become effective on the date (the "EFFECTIVE DATE") on which each of the Borrower, each other Obligor, the Collateral Agent and the Symphony Funds shall have signed a copy hereof (whether the same or different copies) and shall have delivered the same to one another.
Each of the Symphony Funds hereby consents to the terms and conditions of, and the execution and delivery by the Company and the Warrant Agent of, that certain Amended and Restated Warrant and Registration Rights Agreement dated as of February 21, 2003, by the Company and U.S. Bank National Association, as Warrant Agent.
Each of the Symphony Funds represents, warrants and agrees that it assumes sole responsibility for obtaining from the Obligors all information concerning this Agreement and all other Credit Documents and all other information as to the Obligors and their Affiliates or their properties or management as such Symphony Fund deems necessary or desirable.
All covenants, agreements, representations and warranties made in this Agreement or any other Credit Document or in certificates delivered pursuant hereto or thereto shall be deemed to have been relied on by each Symphony Fund, notwithstanding any investigation made by the Collateral Agent on its behalf, and shall survive the execution and delivery to the Symphony Funds and the Holders hereof and thereof.
All of the certificates, legal opinions and other documents and papers referred to in Section 5, unless otherwise specified, shall be delivered to each of the Symphony Funds and shall be reasonably satisfactory in form and substance to such Symphony Funds.
The Symphony Funds shall have received evidence that all actions necessary or, in the reasonable opinion of the Symphony Funds, desirable, to perfect the security interests created by each of the Collateral Documents have been taken.
Subject to the terms of the letter agreement, dated November 8, 2002, between Symphony Asset Management and the Company (the "FEE LETTER"), the Borrower shall have paid to the Symphony Funds and their representatives all costs, fees and expenses, and all other compensation contemplated by this Agreement and the other Documents (including reasonable legal fees and expenses).
Each of the Symphony Funds hereby appoints and authorizes the Collateral Agent to act for them as their collateral agent in connection with the transactions contemplated by this Agreement and the other Credit Documents on the terms set forth herein and therein, and hereby agrees that all actions in connection with the Credit Security and the enforcement or exercise of any remedies in respect of the Obligations shall be taken by the Collateral Agent pursuant to this Agreement on behalf of the Holders.