Tendering Noteholders means holders of Notes who (A) Beneficially Own such Notes as of 4:00 p.m. Central Daylight Time on July 24, 2008 and (B) tender such Notes in the Offer to Exchange and receive the Company's Common Shares as a result of such tender."
Examples of Tendering Noteholders in a sentence
This Agreement, and the obligations of all Parties hereunder, may be terminated by mutual agreement among Callon and Tendering Noteholders.
Upon the occurrence of any termination of this Agreement, any and all tenders by the Tendering Noteholders prior to such termination shall be deemed, for all purposes, to be null and void from the first instance and shall not be considered or otherwise used in any manner by Callon in connection with the Exchange Offer.
This Agreement is the product of negotiations between Callon and the Tendering Noteholders, and in the enforcement or interpretation hereof, is to be interpreted in a neutral manner, and any presumption with regard to interpretation for or against any Party by reason of that Party having drafted or caused to be drafted this Agreement, or any portion hereof, shall not be effective in regard to the interpretation hereof.
Once effective, this Agreement may not be modified, amended, supplemented or otherwise altered (except as expressly provided herein), and no term or condition may be waived, except in a writing signed by Callon and the Tendering Noteholders.
Such Exchange Offer will require that all Old Notes be tendered by not later than 11:00 a.m. (prevailing New York City time) on the last to occur of (i) 9 calendar days after the commencement of the Exchange Offer (or, if such ninth day is not a business day, then the first business day thereafter) or (ii) such later date as may be requested by Callon and consented to by Tendering Noteholders (the date of the last to occur of clause (i) or (ii) being the Outside Date).