1998 Notes Clause Samples

The "1998 Notes" clause defines and references a specific set of debt securities issued in 1998, typically by the company or entity party to the agreement. This clause clarifies which notes are being discussed, often by specifying their principal amount, interest rate, maturity date, or other identifying features. By precisely identifying these financial instruments, the clause ensures that all parties are clear about the obligations, rights, or transactions related to these particular notes, thereby preventing confusion or disputes over which securities are covered by the agreement.
1998 Notes. Until the 1998 Notes shall be paid in full, the Company shall apply to the prepayment of the 1998 Notes, without premium, the sum of Four Million Five Hundred Thousand Dollars ($4,500,000) on November 22, 2006 and November 22, 2007 and such principal amounts of the 1998 Notes, together with interest thereon to the prepayment dates, shall become due on such prepayment dates. The remaining principal amount of the 1998 Notes, together with interest accrued thereon, shall become due on the maturity date of the 1998 Notes.
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1998 Notes. Until the 1998 Notes shall be paid in full, the Company shall apply to the prepayment of the 1998 Notes, without premium, the sum of Four Million Five Hundred Thousand Dollars ($4,500,000) on November 22, 2006 and November 22, 2007, and such principal amounts of the 1998 Notes, together with interest thereon to the prepayment dates, shall become due on such prepayment dates. In addition, on the first anniversary of the Amendment No. 4 Effective Date, the Company shall prepay an amount equal to the result of (a) all Capitalized Interest Amounts (as defined in the 1998 Notes) added to the principal amount of the 1998 Notes during the period commencing on the Amendment No. 4 Effective Date and ending on (and including) the first anniversary thereof minus (b) an amount equal to 2% per annum on the outstanding principal amount of the 1998 Notes during such period, the amount of such prepayment to be made together with interest thereon to such date, but without premium. The remaining principal amount of the 1998 Notes, together with interest accrued thereon, shall become due on the maturity date of the 1998 Notes.
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1998 Notes. Section 1.3.
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1998 Notes. During the related Series Initial Period, each Series shall bear interest at the Series Initial Rate for such Series. Thereafter, except with respect to an Auction Period Adjustment, the 1998 Notes (other than the Subordinate Series B Notes) shall bear interest at a Series Interest Rate based on a 28-day Auction Period and, with respect to the Subordinate Series B Notes, at a Series Interest Rate based on an Auction Period of approximately one year, as determined pursuant to this Section 2.4. For each Series of 1998 Notes during the Series Initial Period for such Series and each Auction Period thereafter interest at the Series Interest Rate shall accrue daily and shall be computed for the actual number of days elapsed on the basis of a year consisting of 360 days. The Series Interest Rate to be borne by each Series of 1998 Notes (other than the Subordinate Series B Notes) after such Series Initial Period for each Auction Period prior to an Auction Period Adjustment, if any, shall be determined as herein described. Each such Auction Period shall commence on and include the day following the expiration of the immediately preceding Auction Period and terminate on and include the Auction Date for the next succeeding Auction Period, subject to adjustment as described below; provided, however, that in the case of the Auction Period that immediately follows the Series Initial Period for a Series of 1998 Notes, such Auction Period shall commence on the Series Initial Rate Adjustment Date for such Series. The Series Interest Rate on each Series of 1998 Notes for each Auction Period shall be the lesser of the (i) Net Loan Rate in effect for such Auction Period and (ii) the Auction Rate in effect for such Auction Period as determined in accordance with Section 2.5.1 hereof; provided, however, that such Series Interest Rate shall in no event exceed the Series Interest Rate Limitation, and further provided, that if on any Series Rate Determination Date an Auction is not held for any reason, then the Series Interest Rate on such Series of 1998 Notes for the next succeeding Auction Period shall be the Net Loan Rate. Notwithstanding the foregoing: (a) if the ownership of a Series of 1998 Notes is no longer maintained in Book Entry Form, the Series Interest Rate on the 1998 Notes of such Series for any Series Interest Period commencing after the delivery of certificates representing 1998 Notes of such Series, pursuant to Section 2.1.5 of the Trust Agreement, shall equal th...
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1998 Notes the 7.33% Senior Secured Notes due January 31, 2013, in the aggregate original principal amount of $85,000,000 issued by the Operating Partnership pursuant to the 1998 Note Agreements and any extension, renewal, refunding, refinancing or replacement thereof containing terms no more restrictive than those contained in the 1998 Notes and the 1998 Note Agreements on the date hereof and otherwise permitted to be incurred and remain outstanding under SECTION 10.2(o). 1996 NOTE AGREEMENTS: the separate Note Agreements dated as of December 11, 1996, as amended by First Amendment dated as of September 1, 1998 and Second Amendment dated as of December 11, 1998, among the Operating Partnership, the General Partners and the purchasers listed in SCHEDULE A attached thereto and any agreement or agreements entered into in connection with any extension, renewal, refunding, refinancing or replacement of the 1996 Notes containing terms no more restrictive than those contained in the 1996 Note Agreements and the 1996 Notes on the date hereof and otherwise permitted to be incurred and remain outstanding under SECTION 10.2(o). 1996 NOTES: the 7.53% Senior Secured Notes due December 30, 2010, in the aggregate original principal amount of $220,000,000, issued by the Operating Partnership pursuant to the 1996 Note Agreements and any extension, renewal, refunding, refinancing or replacement thereof containing terms no more restrictive than those contained in the 1996 Notes and the 1996 Note Agreements on the date hereof and otherwise permitted to be incurred and remain outstanding under SECTION 10.2(o). NOTES: the meaning specified in SECTION 1.
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1998 Notes. The March 23, 1998 Notes have been cancelled and surrendered simultaneously with the execution and delivery of this Note Exchange Agreement in exchange for new notes dated June 30, 1999 (the "Notes") issued by the Company, which are issued under the terms and provisions of, and shall be governed in all respects by, this Note Exchange Agreement. All references to the Notes in this Note Exchange Agreement and the Purchase Agreement shall refer to the new notes dated June 30, 1999 issued pursuant to this Note Exchange Agreement
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1998 Notes. 10 Section 2.5 Series Interest Rate...............................
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1998 Notes. Interest and supplemental interest, if any, on the unpaid balance of each Note shall be payable quarterly on January 1, April 1, July 1 and October 1 in each year, commencing with the April 1 next succeeding the date hereof, until the principal hereof shall have become due and payable.
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1998 Notes 
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Related to 1998 Notes

  • Senior Notes In order to secure and provide for the repayment and payment of the ABRCF Obligations with respect to the Series 2023-3 Senior Notes, ABRCF hereby grants a security interest in and assigns, pledges, grants, transfers and sets over to the Trustee, for the benefit of the Series 2023-3 Noteholders, all of ABRCF’s right, title and interest in and to the following (whether now or hereafter existing or acquired): (i) the Class A/B/C Reserve Account, including any security entitlement thereto; (ii) all funds on deposit therein from time to time; (iii) all certificates and instruments, if any, representing or evidencing any or all of the Class A/B/C Reserve Account or the funds on deposit therein from time to time; (iv) all investments made at any time and from time to time with monies in the Class A/B/C Reserve Account, whether constituting securities, instruments, general intangibles, investment property, financial assets or other property; (v) all interest, dividends, cash, instruments and other property from time to time received, receivable or otherwise distributed in respect of or in exchange for the Class A/B/C Reserve Account, the funds on deposit therein from time to time or the investments made with such funds; and (vi) all proceeds of any and all of the foregoing, including, without limitation, cash (the items in the foregoing clauses (i) through (vi) are referred to, collectively, as the “Class A/B/C Reserve Account Collateral”). The Trustee shall possess all right, title and interest in and to all funds on deposit from time to time in the Class A/B/C Reserve Account and in all proceeds thereof, and shall be the only person authorized to originate entitlement orders in respect of the Class A/B/C Reserve Account. The Class A/B/C Reserve Account Collateral shall be under the sole dominion and control of the Trustee for the benefit of the Series 2023-3 Noteholders. The Series 2023-3 Agent hereby agrees (i) to act as the securities intermediary (as defined in Section 8-102(a)(14) of the New York UCC) with respect to the Class A/B/C Reserve Account; (ii) that its jurisdiction as securities intermediary is New York; (iii) that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Class A/B/C Reserve Account shall be treated as a financial asset (as defined in Section 8-102(a)(9) of the New York UCC) and (iv) to comply with any entitlement order (as defined in Section 8-102(a)(8) of the New York UCC) issued by the Trustee.

  • Subordinated Notes The Subordinated Notes have been duly authorized by the Company and when executed by the Company and issued, delivered to and paid for by the Purchasers in accordance with the terms of the Agreement, will have been duly executed, authenticated, issued and delivered, and will constitute legal, valid and binding obligations of the Company and enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally or by general equitable principles.

  • Convertible Notes The Convertible Notes are subject to different conversion calculations depending on the event triggering conversion as described in the Notes (e.g., an IPO or other liquidity event). For illustration purposes, assuming the optional conversion right is exercised today, based on the current capitalization and the $50,000,000 assumed valuation specified for an optional conversion in the Notes, there would be 4,705,224 additional shares issued; provided however, that each holder of Notes is subject to a maximum 9.99% ownership of the shares of capital stock of the Company at any one time. This illustration calculation does not account for the 6% interest component.

  • New Notes For so long as a Note is not included in a Securitization, the Holder of such Note (the “Resizing Holder”) shall have the right, subject to the terms of the Mortgage Loan Documents, to cause the Borrower to execute amended and restated notes (“Amended Notes”) or additional notes (“New Notes”) reallocating the principal of the Note or Notes that it owns (but in no case any Note that it does not then own) among Amended Notes and New Notes or severing a Note into one or more further “component” notes in the aggregate principal amount equal to the then outstanding principal balance of the Note or Notes being amended or created, provided that (i) the aggregate principal balance of the Amended Notes and New Notes following such amendments is no greater than the principal balance of the Amended Notes and New Notes prior to such amendments, (ii) all New Notes continue to have the same interest rate as the Amended Note of which it was a part prior to such amendments, (iii) all New Notes pay pro rata and on a pari passu basis with the Amended Notes and such reallocated or component notes shall be automatically subject to the terms of this Agreement and (iv) the Resizing Holder holding the New Notes shall notify each other Holder, as applicable, and, if any other Note has been included in a securitization, the parties under each applicable PSA, in writing (which may be by email) of such modified allocations and principal amounts. In connection with the foregoing, (1) the Master Servicer is hereby authorized to execute amendments to the Loan Agreement and this Agreement (or to amend and restate the Loan Agreement and this Agreement) on behalf of any or all of the Holders for the purpose of reflecting such reallocation of principal or such severing of a Note, (2) if a Note is severed into “component” notes, such component notes shall each have their same rights as the respective original Note, (3) the definition of the term “Securitization” and all of the related defined terms may be amended (and new terms added, as necessary) to reflect the New Notes and (4) if Note A-1 is severed into “component” notes, another note (or one of the New Notes) may be substituted for Note A-1 in the definition of “Designated Holder” and “Directing Holder” and the definitions of “Lead Note” and “Lead Securitization” and “Non-Directing Holder” will be revised accordingly. Neither Rating Agency Confirmation nor approval of the Directing Holder shall be required for any amendments to this Agreement required to facilitate the terms of this Section 18(a). The Resizing Holder whose Note is being reallocated or split pursuant to this Section 18(a) shall reimburse the other Holders for all costs and expenses incurred by the other Holders in connection with the reallocation or split.

  • General Notes The following General Notes apply without exception to this Agreement, including to Annexes 1 through 6.