Required Holders Clause Samples

Required Holders. The Indenture also contains provisions permitting the Holders of the Notes representing specified percentages of the Outstanding Amount of the Notes, on behalf of the Holders of all the Notes, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder of this Note (or any one of more Predecessor Notes) shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange hereof or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The Indenture also permits the Indenture Trustee to amend or waive certain terms and conditions set forth in the Indenture without the consent of Holders of the Notes issued thereunder. Each Noteholder, by acceptance of a Note or a beneficial interest in a Note, is deemed to represent that (i) it is not, and is not acquiring and will not hold a Note or a beneficial interest in a Note on behalf of or with “plan assets” (as determined under Department of Labor Regulations Section 2510.3-101 or otherwise) of a Plan, or any employee benefit plan subject to Similar Law, or (ii) its acquisition, holding and disposition of a Note or a beneficial interest in a Note do not give rise to a nonexempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code, or any Similar Law. Each Noteholder, by acceptance of a Note or a beneficial interest in a Note is deemed to make one of the foregoing representations. The Notes are issuable only in registered form in denominations as provided in the Indenture, subject to certain limitations therein set forth. This Note and the Indenture shall be construed in accordance with the laws of the State of Illinois, and the obligations, rights and remedies of the parties hereunder and thereunder shall be determined in accordance with such laws. No reference herein to the Indenture and no provision of this Note or of the Indenture shall alter or impair the obligation of the Issuer, which is absolute and unconditional, to pay the principal of and interest on this Note at the times, place, and rate, and in the coin or currency herein prescribed. Unless the certificate of authentication hereon has been executed by the Indenture Trustee whose name appears below by manual signature, this Note shall not be entitled to any benefit under th...

Required Holders. The term "Required Holders" shall mean, with respect to any class or type of Investor Securities, the holder or holders at the relevant time (excluding the Subject Entities) of more than 50% of the number of outstanding shares, as the case may be, of the specified class or type of Investor Securities.

Required Holders. 37 Section 5.14 Section 16 Matters .................................................................................... 37 Section 5.15 Maintenance of Listing ............................................................................. 38 Section 5.16 Related Party Transactions ....................................................................... 38 ARTICLE VI Conditions to Consummation of the Transactions ................................................. 39 Section 6.01 Conditions of the Investor ......................................................................... 39 Section 6.02 Conditions of the Company ...................................................................... 40

Required Holders. Holders holding not less than $52,190,000 of the principal amount outstanding of the Exchanged Notes shall have executed this Agreement and shall have delivered such principal amount of Exchanged Notes through the book-entry facilities of DTC to the Company (or its designee which may be the Trustee for the benefit of the Company) in accordance with Section 2.2 hereof. The Company may, in its sole discretion, waive the condition set forth in this Section 6.9 if (a) the Holders have delivered $45,690,000 in principal amount of Exchanged Notes through the book-entry facilities of the DTC to the Company (or its designee which may be the Trustee for the benefit of the Company), and (b) TRP has instructed the custodians for those accounts holding the remaining $6,500,000 in principal amount of Exchanged Notes to deliver such Exchanged Notes through the book-entry facilities of DTC to the Company (or its designee which may be the Trustee for the benefit of the Company) as soon as practicable. The foregoing waiver shall not relieve TRP (and the funds and/or accounts for which TRP acts as investment advisor) of their obligations to deliver the entire principal amount of Exchanged Notes set forth opposite TRP’s name on Schedule I hereto in accordance with the terms of this Agreement.

Required Holders. Section 13.4.

Required Holders. Each of the undersigned holders of Securities represents and warrants (as to itself only) to the Company that it has not sold any of its Notes or Warrants.

Required Holders. The waiver of any breach or default shall not constitute a waiver of any other right hereunder.

Required Holders. The provisions of this Section shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied without regard to any limitations on the exercise of this Warrant.

Required Holders. Whenever any action, waiver or consent hereunder (collectively "Action") is required to be done, made or given by the Required Holders, such Action shall have been duly approved in accordance with the terms of this Agreement if the holders of a majority in principal amount of the outstanding Convertible Notes consent to or approve such Action. No meeting of holders of Convertible Notes shall be required in connection with any consent or approval hereunder and any or all such Actions may be taken by written consent signed by the Required Holders.