Tender Exchange means that secured debt and preferred equity exchange memorialized by the letter of intent dated [month, day, year] between the Corporation and holders of the secured debt and preferred equity ("Letter of Intent").
Examples of Tender Exchange in a sentence
To the extent the Supporting Noteholders elect to participate in the Tender/Exchange Offer, such Existing Unsecured Notes will be exchanged in the Tender/Exchange Offer free and clear of any and all Liens.
At the Closing, to the extent there exists a dealer manager agreement containing representations and warranties, the representations and warranties of the Company in the dealer manager agreement between the Company and the entity acting as dealer manager in connection with the Tender/Exchange Offer will be true and correct and shall be affirmed as though fully set forth herein (it being understood, for the avoidance of doubt, that they may be qualified by materiality and references to time, as applicable).
Each of AMBS and the Holder will be solely responsible for its own expenses, including legal fees, incurred in connection with the Tender Exchange, including the negotiation and execution of the Legal Agreements.
Each of AMBS and the Holder will disclose the Due Diligence Information only to those its' respective Representatives who need to know such information for the purpose of consummating the Tender Exchange.
In connection with the due diligence hereunder, during the Stand Still Period, the Holder and AMBS will cause its representatives to make available the necessary data, information and materials required to understand the rationale of the Tender Exchange and to complete the Legal Agreements ("Due Diligence Information") to the other party or its Representatives as they may reasonably request, in all cases subject to the confidentiality obligations specified in clause 5.