Parent Guarantor. In accordance with Section 8.01(B) of the Indenture, Parent Guarantor agrees to become a party to this Supplemental Indenture in order to allow for the issuance of Common Stock upon exchange of the Notes, as may be applicable, and any such exchange shall qualify for an exemption from registration pursuant to Section 3(a)(9) of the Securities Act. From and after the Completion Date, (i) the Notes and all obligations under the Notes and the Indenture shall be fully and unconditionally guaranteed by Parent Guarantor and (ii) references in the Indenture to “Ordinary Shares” shall instead refer to the Common Stock and such references shall apply therein mutatis mutandis.
Appears in 2 contracts
Sources: First Supplemental Indenture (Penguin Solutions, Inc.), First Supplemental Indenture (Penguin Solutions, Inc.)
Parent Guarantor. In accordance with Section 8.01(B) of the Indenture, Parent Guarantor agrees to become a party to this Second Supplemental Indenture in order to allow for the issuance of Common Stock upon exchange of the Notes, as may be applicable, and any such exchange shall qualify for an exemption from registration pursuant to Section 3(a)(9) of the Securities Act. From and after the Completion Date, (i) the Notes and all obligations under the Notes and the Indenture shall be fully and unconditionally guaranteed by Parent Guarantor and (ii) references in the Indenture to “Ordinary Shares” shall instead refer to the Common Stock and such references shall apply therein mutatis mutandis.
Appears in 1 contract
Sources: Second Supplemental Indenture (Penguin Solutions, Inc.)