Series B Notes. Such Buyer is the legal and beneficial owner of the Company’s 10% Series A Convertible Senior Secured Notes due 2015 (the “Series A Notes”) and/or Series B Notes listed opposite its name on Annex III hereto under the heading “Series A Notes” and “Series B Notes”. Such Series B Notes constitute all of the Company’s Series B Notes beneficially owned by such Buyer to the knowledge of such Buyer’s investment manager. For purposes of this Agreement, beneficial ownership shall be calculated in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”).
Appears in 3 contracts
Sources: Stock Purchase Agreement (Carlyle Group L.P.), Stock Purchase Agreement (Solus Alternative Asset Management LP), Stock Purchase Agreement (Avenue Capital Management II, L.P.)