Examples of HIGH TIDES in a sentence
All guarantees and agreements contained in this Guarantee Agreement shall bind the successors, assigns, receivers, trustees and representatives of the Guarantor and shall inure to the benefit of the Holders of the HIGH TIDES then outstanding.
Notwithstanding the foregoing, this Guarantee Agreement will continue to be effective or will be reinstated, as the case may be, if at any time any Holder must repay any sums paid with respect to HIGH TIDES or this Guarantee Agreement.
Except with respect to any changes which do not adversely affect the rights of the Holders in any material respect (in which case no consent of the Holders will be required), this Guarantee Agreement may only be amended with the prior approval of the Holders of not less than a Majority in liquidation amount of the HIGH TIDES.
The Holders of a Majority in liquidation amount of the HIGH TIDES may, by vote, on behalf of all the Holders, waive any past Event of Default and its consequences.
This Guarantee Agreement shall terminate and be of no further force and effect upon (i) full payment of the Redemption Price of all HIGH TIDES, (ii) the distribution of Debentures to the Holders in exchange for all of the HIGH TIDES, (iii) full payment of the amounts payable in accordance with the Declaration upon liquidation of the Trust or (iv) distribution of the Guarantor's common stock to the Holders in respect of the conversion of all of the HIGH TIDES.
This Guarantee Agreement is solely for the benefit of the Holders (subject to the benefits inuring to the holders of Senior Debt pursuant to the subordination provisions hereof) and is not separately transferable from the HIGH TIDES.
MARY’S COUNTY, LLC CHEESEBURGER OF STERLING HEIGHTS, LLC HIGH TIDES OF OMAHA, LLC CHEESEBURGER OF SECAUCUS, LLC CHEESEBURGER OF WALLKILL, LLC CHEESEBURGER OF MYRTLE BEACH, LLC CHEESEBURGER OF FREDERICKSBURG, LLC CHEESEBURGER OF NEWPORT NEWS, LLC CHEESEBURGER OF VIRGINIA BEACH, LLC CHEESEBURGER OF WOODBRIDGE, LLC CHEESEBURGER OF MIDDLETON, LLC Each by: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx President CHEESEBURGER IN PARADISE OF XXXX ARUNDEL COUNTY, INC.
If the HIGH TIDES Redemption has not occurred by the Trigger Date, the Company shall, in accordance with the procedures set forth in Section 3.8 of the Indenture be required to redeem (a “Mandatory Redemption”) all of the outstanding Notes, for a price equal to 101% of their principal amount, plus accrued and unpaid interest thereon through the redemption date (the “Mandatory Redemption Price”).
In addition, we have assumed that (i) each of the Indenture, the Subordinated Debentures, the Declaration, the HIGH TIDES, the Remarketing Agreement, the Preferred Securities Guarantee Agreement and the Common Securities Guarantee Agreement has been validly executed, will be binding and enforceable in accordance with its terms and will not be amended in any material respect; and (ii) the Trust will at all times be operated in accordance with the terms of the Declaration.
All Indebtedness to be repaid pursuant to Section 5.1(p) of the Credit Agreement, together with all interest, all prepayment premiums and other amounts due and payable with respect thereto, has been paid in full from the proceeds of the HIGH TIDES and the Credit Extension made on the Closing Date and the commitments in respect of such Indebtedness have been terminated.