Participating Notes definition
Examples of Participating Notes in a sentence
Except as expressly provided in this Agreement, nothing herein is intended to, or does, in any manner waive, limit, impair or restrict the ability of each Party to protect and preserve its rights, remedies and interests, including its Participating Notes and any other claims against the Company or other parties.
Any transfer of Participating Notes by a Support Party that does not comply with the procedures set forth in this Agreement shall be deemed void without the need for further action.
The aggregate principal amount of Participating Notes of each of the initial Support Parties (for avoidance of doubt, giving effect to the proviso to the definition of “Participating Notes”) as of the date hereof is set forth below its name on the signature pages hereof.
Subject to clause (c) below, the Company shall be deemed to have acknowledged such transfer, and any election to exchange or not to exchange Participating Notes made by the Support Party transferor shall be binding upon the transferee.
Notwithstanding (i) any transfer of Participating Notes in accordance with Section 6 or (ii) the termination of this Agreement in accordance with its terms, the agreements and obligations of the Parties in Sections 7(j), 7(l), 12, 13, 14, and 16 through 29 shall survive such sale and/or termination and shall continue in full force and effect for the benefit of the Support Parties and the Company Parties in accordance with the terms hereof.
With respect to the Participating Notes held by the Joining Party, the Joining Party hereby makes the representations and warranties of the Support Parties set forth in Sections 2 and 3 of this Agreement to the other Parties.
The Amortization Payment Amount shall be applied to the Securities and the Participating Notes (pro rata in accordance with Section 3.13).
For the avoidance of doubt, the foregoing restrictions on transfer shall not be violated as a result of Participating Notes currently being out for loan pursuant to a securities lending program so long as the Support Party recalls such Participating Notes prior to the Commencement Date.
CENTRUS ENERGY CORPORATION By: Name: Title: Dated: January 5, 2017 Name of Institution: By: Name: Title: Telephone: Facsimile: Outstanding Notes: $ (all of which are Participating Notes) Signature Page to Support Agreement1 1 NOTE: This signature page may be duplicated for each Support Party executing this Agreement Centrus Energy Corp.
The Holders of a majority in aggregate principal amount of the then outstanding Participating Notes may remove the Trustee by so notifying the Trustee and the Company in writing.