Amendment of the Indenture. In accordance with the Article 9 of the Indenture, the Indenture shall be amended to provide that (i) upon the consummation of the Hexcel Offering or any other registered underwritten public offering of the Hexcel common stock, in each case, occurring prior to the first anniversary of the consummation of the GS Sale, the principal of and accrued interest on all Securities (as such term is defined in the Indenture) shall be due and payable and (ii) upon the consummation of the GS Sale, all of the covenants set forth in Article 4 of the Indenture (other than Sections 4.01 and 4.10 which shall continue in full force and effect) shall be of no further force and effect.
Appears in 2 contracts
Sources: Consent and Termination Agreement (Hexcel Corp /De/), Consent and Termination Agreement (Ciba Specialty Chemicals Holding Inc /Fi/)