21) Courts consistently hold that assumption of the risk precludes a defendant from successfully claiming that fourth amendment rights have been violated when another person
consents to a search of a shared area, even when the other's consent follows the defendant's refusal to do so.
An extension of time for filing
consents to an election may be allowed, provided the requirements set forth in Regs.
Kansas City Southern ("KCS") (NYSE:KSU) today announced that its subsidiary, The Kansas City Southern Railway Company ("KCSR"), in connection with its previously announced solicitation of
consents to amend the indentures, under which KCSR's 9u% Senior Notes due 2008 (the "9u% Notes") and 7u% Senior Notes due 2009 (the "7u% Notes" and together with the 9u% Notes, the "Notes") were issued, has increased the Premium Consent Payment for both series of Notes to $7.
KCSR's obligation to accept consents and pay the consent fee is conditioned, among other things, on the receipt of
consents to the amendments and waivers from holders of at least a majority in aggregate principal amount of Notes of such series.
88089PAC7 and 88089PAD5) (collectively, the "Notes"), the requisite
consents to adopt proposed amendments to the Notes and the indentures governing the Notes.
CHICAGO -- Equity Office Properties Trust (NYSE:EOP) announced today that its subsidiary, EOP Operating Limited Partnership, has now received the requisite
consents to adopt all of the proposed amendments that have been the subject of its consent solicitations and related cash tender offers in respect of its outstanding unsecured debt securities issued under its 1997 Indenture and its 2000 Indenture.
00 per $1,000 principal amount of the Internotes identified in the Offer to Purchase, in each case payable in respect of such Notes validly tendered and not validly withdrawn and as to which
consents to the proposed amendments are delivered on or prior to the Consent Payment Deadline, subject to the terms and conditions of the tender offers and consent solicitations, as amended.
00 per $1,000 principal amount of the Internotes identified in the Offer to Purchase referred to below, in each case payable in respect of such Notes validly tendered and not validly withdrawn and as to which
consents to the proposed amendments are delivered on or prior to the Consent Payment Deadline, subject to the terms and conditions of the tender offers and consent solicitations, as amended.
00 per $1,000 principal amount of the Internotes identified in the Offer to Purchase referred to below, in each case payable in respect of notes validly tendered and not validly withdrawn and as to which
consents to the proposed amendments are delivered on or prior to the Consent Payment Deadline, subject to the terms and conditions of the tender offers and consent solicitations.
00 per $1,000 principal amount of the Internotes identified in the Offer to Purchase, in each case payable in respect of Notes validly tendered and not validly withdrawn and as to which
consents to the proposed amendments are delivered on or prior to the Consent Payment Deadline, subject to the terms and conditions of the tender offers and consent solicitations.
CHICAGO -- Equity Office Properties Trust (NYSE: EOP) announced today that its subsidiary, EOP Operating Limited Partnership, has commenced a solicitation seeking
consents to proposed amendments relating to its 4.
The Company is also soliciting
consents to certain proposed amendments to the indenture governing the Notes to eliminate substantially all of the restrictive covenants, eliminate or modify certain conditions to defeasance of the Notes and certain events of default, eliminate the right of Holders to have their Notes repurchased in the event of a change in control and eliminate or modify related provisions contained in the indenture and the Notes.
00 principal amount of the Notes, payable to holders who validly tender their Notes and provide their
consents to the proposed amendments to the indenture governing the Notes and to the termination of the registration rights agreement relating to the Notes prior to the Consent Payment Deadline.
Each holder who validly tenders its Notes and delivers
consents to the Proposed Amendments (as defined below) prior to 5:00 p.
In connection with the offers, holders of the Notes are being solicited to provide
consents to certain amendments to the indentures for the Notes that would eliminate most of the restrictive covenants and events of default contained in the indentures.
