Initial Exchange. If this Global Note was originally issued in exchange for part only of a temporary global note representing the Notes, then all references in this Global Note to the principal amount of Notes represented by this Global Note shall be construed as references to the principal amount of Notes represented by the part of the temporary global note in exchange for which this Global Note was originally issued which the Issuer shall procure is entered by the ICSDs in their records.
Initial Exchange. If this Global Security was originally issued in exchange for part only of a temporary global security representing the Securities, then all references in this Global Security to the principal amount of Securities represented by this Global Security shall be construed as references to the principal amount of Securities represented by the part of the temporary global security in exchange for which this Global Security was originally issued which the Issuer shall procure is entered in Schedule 1 (Payments, Exchanges against Temporary Global Security, Delivery of Definitive Securities and Cancellation of Securities) hereto, whereupon the principal amount of Securities represented by this Global Security shall for all purposes be as most recently so entered.
Initial Exchange. As of the date hereof (the “Initial Exchange Date”), the Creditor shall be deemed to have delivered an Exchange Notice to effect an Exchange with respect to the First Tranche Debt Amount.
Initial Exchange. Initial Exchange Date: Effective Date
Initial Exchange. As promptly as practicable following the date hereof, each of Sanofi and BMS shall make available to the SNC Partnership copies of all relevant data, studies and materials comprising Developed Know-How in such Party’s possession that shall be available as of such date.
Initial Exchange. Initial Exchange Date: Closing Date Party A Initial Exchange The A$ Equivalent of the Party B Amount: Initial Exchange Amount, being A$[ ] Party B Initial Exchange The Initial Invested Amount of the Amount: Relevant Notes on the Issue Date, being US$[ ] Notwithstanding Section 2(a)(ii) of the Agreement, Party A must pay the Party A Initial Exchange Amount to Party B by 4.00pm (Sydney time) on the Initial Exchange Date and Party B must pay Party A the Party B Initial Exchange Amount by 4.00pm (New York time) on the Initial Exchange Date. Section 2(a)(v) of the Agreement will not apply to the payments of the Initial Exchange Amounts.
Initial Exchange. 100 per cent.
Initial Exchange. As of the date hereof (the “Initial Exchange Date”), the Creditor shall be deemed to have delivered an Exchange Notice to effect an Exchange with respect to such aggregate initial Debt Exchange Amount and such initial Exchange Price as set forth on the signature page of the Creditor. If the Company fails to deliver the Common Stock with respect to such initial Exchange on or prior to the Share Delivery Deadline with respect thereto, the Creditor shall have the option, by delivery of written notice to the Company, to terminate this Agreement, with no liability to the Company or the Creditor.
Initial Exchange. Immediately following HoldCo’s adoption of the First Amended and Restated HoldCo Certificate of Incorporation and the First Amended and Restated Bylaws pursuant to Section 2.2(b) and at least one (1) Business Day prior to the date on which the HoldCo Recapitalization Effective Time occurs, HoldCo and the Company Shareholders shall consummate the Initial Exchange, pursuant to which, in accordance with the Deed of Irrevocable Undertaking, HoldCo shall acquire from the Company Shareholders, and the Company Shareholders (or, as required pursuant to the Deed of Irrevocable Undertaking, the Company as agent for any Company Shareholder) shall transfer, convey and deliver to HoldCo, all of the Company Shares issued and outstanding as of immediately prior to the Initial Exchange Effective Time, free and clear of all Liens (other than restrictions on transfer under generally applicable securities Laws or any general restrictions under the Organizational Documents of the Company), and each Company Shareholder shall receive, in consideration for the transfer, conveyance and delivery of the Company Shares, HoldCo Stock in accordance with Section 3.2(a). The time at which the Initial Exchange is actually consummated in accordance with this Agreement and the Deed of Irrevocable Undertaking is referred to herein as the “Initial Exchange Effective Time”. Immediately after the Initial Exchange Effective Time, the share register of HoldCo shall be written up in respect of the HoldCo Common Stock and HoldCo Preferred Stock issued to Company Shareholders in exchange for the transfer, conveyance and delivery of the Company Shares.
Initial Exchange. Initial Exchange Date: Closing Date
