XCC definition
Examples of XCC in a sentence
Neither the Guarantor nor the Purchaser has any knowledge of any fact relating to XCC or the Guarantor that has not been publicly disclosed and that would be material to an investor in debt or securities of XCC or Ordinary Shares, other than any of the matters contemplated by this Agreement and the Closing Agreements.
Keep, and Xerox will cause each Restricted Subsidiary and XCC will cause each of its Subsidiaries to keep, proper books of record and account in accordance with applicable generally accepted accounting principles consistently applied.
The obligations of XCC under its Subsidiary Guarantee shall be subordinated to the XCC Senior Obligations on the terms set forth in Schedule 2.
Notwithstanding the foregoing, the acceptance by the Lender of payment by wire transfer of immediately available funds in circumstances of a Debenture Delivery Breach shall be without prejudice to any other remedies that the Lender may have hereunder or under the Subscription Agreement, the SPA or any other agreement contemplated by the SPA in connection with the failure by the Guarantor, XCC or a Substitute Issuer to deliver or cause to be delivered the Debenture or a Substitute Debenture.
In the case of Xerox and XCC only, maintain in full force and effect, without amendment, modification or change in any respect, and comply in all material respects with each of the terms, covenants and conditions of, each of the Operating Agreement and the Support Agreement, provided that Xerox and XCC may amend, modify or change the Operating Agreement so long as benefits to XCC substantially similar to those provided for therein on the date hereof continue to be applicable.
The Collateral Agent may continue to make payments on the XCC Subordinated Obligations and will not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than one Business Day prior to the date of such payment, the Collateral Agent receives notice satisfactory to it from XCC or a holder of XCC Senior Obligations that payments may not be made under this Schedule 2.
The subordination provisions are for the benefit of and enforceable by the holders of XCC Senior Obligations or their designated representatives.
The Collateral Agent will not be deemed to owe any fiduciary duty to the holders of XCC Senior Obligations and will not be liable to any such holders if it mistakenly pays over or distribute to the XCC Secured Parties, or to XCC or any other Person, any money or assets to which holders of XCC Senior Obligations are entitled by virtue of this Schedule 2.
If a payment or other distribution is made to the XCC Secured Parties that because of these subordination provisions should not have been made to them, the XCC Secured Parties that receive the distribution shall hold it in trust for holders of XCC Senior Obligations and pay it over to them as their interests may appear.
After all XCC Senior Obligations are paid in full and until the XCC Subordinated Obligations are paid in full, the XCC Secured Parties will be subrogated to the rights of holders of XCC Senior Obligations to receive payments in respect of XCC Senior Obligations, which, to the extent received by the XCC Secured Parties, do not constitute, as between XCC and the XCC Secured Parties, payments by XCC on the XCC Subordinated Obligations.