Additional Noteholders definition

Examples of Additional Noteholders in a sentence

• The persons who shall be parties to this Agreement shall be (i) all 1995 Noteholders, (ii) all 2002 Noteholders, (iii) all 2006 Noteholders, (iv) all 2007 Noteholders, (v) all Persons who are signatories and parties to the New Bank Agreement and (vi) all Additional Noteholders.

• Notwithstanding any provision to the contrary contained elsewhere in this Agreement, the Collateral Agent shall not have any duties or responsibilities except those expressly set forth herein, nor shall the Collateral Agent have or be deemed to have any fiduciary relationship with any Bank, any Noteholder or Additional Noteholders, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Collateral Agent.

• For the sake of clarity, (i) until the Closing, the Convertible Note, and the parties’ rights and obligations thereunder, shall remain in effect in accordance with their respective terms, (ii) in the event that this Debt Exchange Agreement is terminated, the Convertible Note, and the parties’ rights and obligations thereunder, shall remain in effect in accordance with their respective terms, and (iii) nothing herein shall alter, diminish or otherwise affect the rights of the Additional Noteholders.

• Neither the Collateral Agent nor any of its employees shall be under any obligation to any Bank, the Issuing Bank, any Noteholder or any Additional Noteholders to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or to inspect the properties, books or records, of any Grantor.

• To the extent permitted by law, the Collateral Agent, any Bank, any Noteholder or any Additional Noteholders may be the purchaser at any such sale.

• Upon delivery of any such counterpart to the Representative Secured Party, notice of which is hereby waived by the Issuer and the other Noteholders, each such Additional Noteholders shall be a Noteholders and shall be as fully a party hereto as if such Additional Noteholders were an original signatory hereof.

• If the Special Event of Default is an Event of Default under the terms of the Bank Credit Agreement, the Note Agreement or any Additional Note Agreement, the Collateral Agent shall not return any payments to the Secured Parties pursuant to (i) above unless the Required Lender Banks under the Bank Credit Agreement or the Required Noteholders or the Required Additional Noteholders, if any, have waived such Special Event of Default.

• To the extent permitted by law, the Collateral Agent, any Lender Bank, any Noteholder or any Additional Noteholders may be the purchaser at any such sale.

• Neither the Collateral Agent nor any of its employees shall be under any obligation to any Lender Bank, the Issuing Lender, any Noteholder or any Additional Noteholders to ascertain or to inquire as to the observance or performance of any of the agreements contained in, or conditions of, this Agreement or to inspect the properties, books or records, of any Grantor.

• The Company further acknowledges that the Noteholder is making no representations, warranties or covenants on behalf of such other holders of the Company’s outstanding convertible promissory notes, including the Additional Noteholders.