Convertible Subordinated Notes. If on December 31, 2013 the aggregate outstanding principal amount of the Convertible Subordinated Notes is greater than $150 million, then, for so long as the aggregate outstanding principal amount of the Convertible Subordinated Notes is in excess of $150 million, permit Liquidity to be less than $300 million.
Convertible Subordinated Notes. The Borrower shall have provided to the Trustee under the Convertible Subordinated Note Indenture written notice that the Obligations arising under the Credit Agreement have been designated by the Borrower as “Designated Senior Indebtedness” for purposes of the Convertible Subordinated Note Indenture.
Convertible Subordinated Notes. Subject to the satisfaction of the conditions precedent set forth in Section 5 below, Agent and Lenders hereby waive any Event of Default arising pursuant to Section 10.12 of the Loan Agreement that may exist as a result of the failure of HTI to comply with the provisions of Section 3.12 of the 3.25% Convertible Subordinated Note Indenture, provided that the 3.25% Convertible Subordinated Notes are optionally redeemed by HTI in accordance with the terms of the 3.25% Convertible Subordinated Note Indenture no later than February 4, 2013.
Convertible Subordinated Notes. Parent, Acquisition and the Company shall take all necessary actions to ensure that the Surviving Corporation shall (i) assume the due and punctual payment of the principal of, premium, if any, and interest (including liquidated damages, if any) on all the Subordinated Notes and the performance or observance of every covenant of the Indenture and in the Subordinated Notes on the part of the Company to be performed or observed, and (ii) have provided for the applicable conversion rights set forth in Section 12.11 of the Indenture and the repurchase rights set forth in Article XIV of the Indenture. The Company shall take no actions that would result in an event of default under the Indenture.
Convertible Subordinated Notes. The Obligations constitute "Senior Indebtedness" and "Designated Senior Indebtedness" under and as defined in the Subordinated Convertible Notes Indenture. No other Indebtedness of any Group Member qualifies as "Designated Senior Indebtedness" under the Subordinated Convertible Notes Indenture, other than Indebtedness under the Second Lien Loan Documents.
Convertible Subordinated Notes. At the Effective Time, by virtue of the Merger and without any further action on the part of the Company or the Holder thereof, the Saks Holdings, Inc. 5 1/2% Convertible Subordinated Notes due September 15, 2006 (the "Convertible Notes") outstanding at the Effective Time shall become obligations of the Surviving Corporation and shall remain outstanding thereafter; and from and after the Effective Time, the holders of the Convertible Notes shall have the right to convert such Convertible Notes into such number of shares of Parent Common Stock and such amount of cash in lieu of fractional shares received in the Merger by a holder of the number of shares of Company Common Stock into which such Convertible Notes were convertible immediately prior to the Effective Time.
Convertible Subordinated Notes. The 2022 Convertible Subordinated Notes or any replacement or refinancing of the 2022 Convertible Subordinated Notes effectuated in accordance with 8.11 herein.
Convertible Subordinated Notes. The occurrence of an “Event of Default” under, and as defined in, the Convertible Subordinated Note Documents.
Convertible Subordinated Notes. Amkor’s 6¼% Convertible Subordinated Notes due 2013, issued pursuant to the Convertible Subordinated Notes (2013) Indenture. Convertible Subordinated Notes Indenture – the Convertible Subordinated Notes (2013) Indenture. Convertible Subordinated Notes (2013) Indenture – that certain Indenture between Amkor and U.S. Bank National Association as Trustee, dated as of November 18, 2005, as such Indenture may be amended or supplemented from time to time, relating to Amkor’s 6¼% Convertible Subordinated Notes due December 1, 2013. Copyright Security Agreement – each copyright security agreement pursuant to which an Obligor grants to the Agent, for the benefit of the Secured Parties, a Lien on such Obligor’s interests in copyrights, as security for the Obligations. Credit Facilities – with respect to Amkor or any Subsidiary, one or more debt facilities or commercial paper facilities with banks or other institutional lenders providing for revolving credit loans, term loans, notes, receivables financing (including through the sale of receivables to such lenders or to special purpose entities formed to borrow from such lenders against such receivables) or letters of credit, in each case, as amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time. CWA – the Clean Water Act (33 U.S.C. §§ 1251 et seq.).
Convertible Subordinated Notes. As set forth in Section 2.2, Buyer shall issue Ten Million and no/100 Dollars ($10,000,000.00) in Notes to Company as part of the Purchase Price. Such Notes shall be transferable only to shareholders of the Company and to their family members, heirs and assigns by operation of law and to other limited transferees. The Notes shall be substantially in the form attached hereto as Exhibit J. The Notes shall bear simple, non-compounding interest at the lowest allowable IRS rate under imputed interest rules in effect as of the Closing Date. Any indebtedness on Notes not previously converted into GCI Shares shall be due and payable in full in a single, lump sum payment on the tenth (10th) anniversary of their initial date of issuance ("Issuance Date"). The Notes shall be subordinated to all of Buyer's now existing and later incurred senior indebtedness, including, without limitation, the Sixty-Two Million Five Hundred Thousand and no/100 Dollars ($62,500,000.00) credit facility from NationsBank of Texas, N.A., pursuant to that amended and restated Credit Agreement dated as of April 26, 1996, as extended, increased, replaced or re-financed, and any and all bank or similar financial institution indebtedness assumed or later incurred as part of, or in furtherance of the purposes of, the transactions referred to in Section 6.4 hereof. Any outstanding Notes shall be convertible by the holders thereof on an annual basis into GCI Shares, during a fifteen (15) day period each year for ten (10) years ("Conversion Period(s)"). The first Conversion Period shall commence on the Issuance Date, and the second through the tenth (10th) Conversion Periods shall commence on each anniversary of the Issuance Date, and shall conclude fifteen (15) days thereafter, respectively. All or any portion of the then-outstanding Notes, including the accrued interest thereon, shall be convertible into GCI Shares. The Conversion Price on the Issuance Date and for the first Conversion Period shall be $6.50 per GCI Share and the Conversion Price for each subsequent Conversion Period shall be an amount equal to $6.50 plus an amount per GCI Share equal to the accrued interest on each $6.50 principal amount of the Note being converted, on a non-compounded basis. For example, assuming a five percent (5%) annual interest rate, the Notes would convert into GCI Shares in the following amounts: Conversion Period Price ----------------- ----- Issuance Date $6.500 Year One (1) $6.825 Year Two (2) $7.150 Yea...
