Existing Bonds Sample Clauses

Existing Bonds. Not less than $75,000,000 in aggregate principal amount of the Subordinated Bonds (2003 Series) shall have been defeased, exchanged for Subordinated Bonds, redeemed or otherwise retired, and a notice of redemption for the remaining balance of the Subordinated Bonds (2003 Series) shall have been issued to the trustee for the Subordinated Bonds (2003 Series) in accordance with the provisions of the “Subordinated Bond Indenture” as defined in the Original Loan Agreement and shall provide for a redemption no later than February 15, 2007. All of the Secured Bonds (2003 Series) shall have been repurchased by Neenah pursuant to the tender offer documents issued by Neenah on December 15, 2006.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Existing Bonds. Prepay, redeem or repurchase the Existing Bonds unless (a) prior to and after giving effect to such prepayment, redemption or repurchase, there shall be no Default or Event of Default, (b) the Borrower has delivered to the Administrative Agent not less than five (5) Business Days prior notice of such proposed prepayment, redemption or repurchase accompanied by calculations demonstrating, in a format satisfactory to the Administrative Agent, that (i) the making of such prepayments, redemption or repurchase will not cause a Default or Event of Default on a projected basis for the next two fiscal quarters of the Borrower and (ii) during the thirty (30) days prior to the making of such prepayment, redemption or repurchase and immediately thereafter, the lesser of the Borrowing Base and the Total Commitment shall exceed the sum of Loans, the Maximum Drawing Amount and all Unpaid Reimbursement Obligations by not less than $25,000,000, and (c) such prepayment, redemption or repurchase is otherwise permitted under the Indenture.
Sample 1
Existing Bonds. 17.1. The Bidder undertakes to arrange for the cancellation of all and any mortgage bonds, collateral mortgage bonds, notarial bonds or collateral notarial bonds registered against the Property at the cost of the Bidder, simultaneously with the transfer to be effected into the name of the NGB.
Sample 1
Existing Bonds. Schedule 3.23 contains a true and complete list of all Existing Bonds and, to the Knowledge of Seller, the Existing Bonds are all bonds necessary to operate the Business as conducted by the Company on the date hereof.
Sample 1
Existing Bonds. Review and evaluate existing bonds that the Town holds on previous developments. This would include historical records research as well as field observations of current conditions that would result in providing options to the Town on feasible alternatives for moving forward with closing out these bonds/developments. Attendance at Town meetings would be anticipated to assist the Staff in summarizing the findings to the BOMA or PC as appropriate.
Sample 1
Existing Bonds. Buyer understands that as at the date hereof, -------------- Sellers have posted bonds in the aggregate amount of $3,100,000 with applicable governmental agencies or authorities in order to secure its reclamation obligations in respect of the Property. Buyer further understands that, as of the date hereof, Sellers have also posted with the issuing surety company, as collateral, cash in the amount of approximately $2,100,000 with such issuing surety in order to secure its obligations under those bonds.
Sample 1
Existing Bonds. Section 3.01. Pursuant to the provisions of the Existing Indenture, bonds that have been duly issued and are presently Outstanding and secured by the Existing Indenture, and which will, pursuant to Section 18.12 continue to be secured by this Indenture are as follows:
Sample 1
AutoNDA by SimpleDocs
Existing Bonds. To Atlas' knowledge, the amount of the Existing Bonds is sufficient to cover the existing reclamation obligations pertaining to the Property as set forth in the Exploration Permits (using current cost and pricing assumptions).
Sample 1
Existing Bonds. On 10 June 2008, the Company completed its acquisition of (i) 49% interest in Inner Mongolia Mengxi Minerals Company Limited, a Sino-foreign joint venture company set up to own and operate a coking coal mine in Inner Mongolia in the People’s Republic of China; and (ii) 70% stake in Ordos GEM Coal & Chemical Co., Ltd., another Sino-foreign joint venture company established to build and operate coal processing plants. Details of such acquisition are set out in the Company’s circular dated 30 April 2008. The acquisition was financed in part by the issue of Existing Bonds in the aggregate principal amount of HK$770,000,000. The Existing Bonds were created in the original aggregate principal amount of up to HK$920,000,000 but at completion of the acquisition, only HK$770,000,000 aggregate principal amount of the Existing Bonds were issued. At as the date hereof, the aggregate outstanding principal amount of the Existing Bonds in respect of which no conversion right has been exercised is HK$340,000,000 and are held by Glimmer and Pacific Top in the proportion shown below: Principal Amount of Outstanding and Unconverted Bondholder Existing Bonds held Glimmer HK$211,000,000 Pacific Top HK$129,000,000 Total HK$340,000,000 Currently interest on the Existing Bonds is charged at the rate of 1% per annum and is payable at the time of conversion or redemption. The Existing Bonds are convertible into Shares at a floating conversion price (but not less than HK$0.01 per Share, being the par value of one Share) subject to the cap of HK$1.30 per Share. Under the Conditions, each Existing Bond may be converted into a maximum of 1,000,000 Shares (being the Conversion Cap), which is subject to increase and adjustment in the manner stipulated in the Conditions. If upon conversion of an Existing Bond, the number of Shares required to be issued by the Company exceeds the Conversion Cap, only the amount of Shares up to the Conversion Cap will be issued and the balance of the principal amount of such Existing Bond not so converted (being the Unconverted Principal) shall be redeemed by the Company by payment in cash of the Conversion Cap Payment. Currently, the Company is entitled to cancel and to redeem in cash all the Existing Bonds at any point in time after the third anniversary of the date of issue of the Existing Bonds and prior to the Maturity Date of 10 June 2013 at 135% of their principal amount together with accrued interest.
Sample 1

Related to Existing Bonds

  • Replacement Bonds In the event that any Bond is not delivered due to any occurrence, act or event beyond the control of the Depositor and of the Trustee (such a Bond being herein called a "Special Bond"), the Depositor may so certify to the Trustee and instruct the Trustee to purchase Replacement Bonds which have been selected by the Depositor having a cost and an aggregate principal amount not in excess of the cost and aggregate principal amount of the Special Bonds not so delivered. To be eligible for inclusion in the Trust, the Replacement Bonds which the Depositor selects must: (i) for Trusts containing municipal bonds, yield current interest which is exempt from taxation for federal income tax purposes and, if the Trust is a State Trust, exempt from taxation under the personal income tax law of the particular state involved; (ii) have a fixed maturity or disposition date comparable to the bonds replaced; (iii) be purchased at a price that results in a yield to maturity and in a current return, in each case as of the execution and delivery of the applicable Reference Trust Agreement, which is approximately equivalent to the yield maturity and current return of the Special Bonds which failed to be delivered and for which the Replacement Bonds are substituted; (iv) be purchased within twenty days after delivery of notice of the failed contract to the Trustee or to the Depositor, whichever occurs first and (v) be of comparable credit quality to the Special Bond which failed to be delivered. Any Replacement Bonds received by the Trustee shall be deposited hereunder and shall be subject to the terms and conditions of this Indenture to the same extent as other Bonds deposited hereunder. No such deposit of Replacement Bonds shall be made after the earlier of (i) 90 days after the date of execution and delivery of the applicable Reference Trust Agreement or (ii) the first Distribution Date to occur after the date of execution and delivery of the applicable Reference Trust Agreement.

  • Bonds The Contractor shall furnish both a performance bond and a payment bond and shall pay the premiums thereon as a Cost of the Work. The Performance Bond shall guarantee the full performance of the Contract.

  • Corporate Actions, Put Bonds, Called Bonds, Etc Upon receipt of Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar Securities to the issuer or trustee thereof (or to the agent of such issuer or trustee) for the purpose of exercise or sale, provided that the new Securities, cash or other Assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit Securities upon invitations for tenders thereof, provided that the consideration for such Securities is to be paid or delivered to the Custodian, or the tendered Securities are to be returned to the Custodian. Unless otherwise directed to the contrary in Instructions, the Custodian shall comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership of which the Custodian receives notice through data services or publications to which it normally subscribes, and shall promptly notify the appropriate Fund of such action. Each Fund agrees that if it gives an Instruction for the performance of an act on the last permissible date of a period established by the Custodian or any optional offer or on the last permissible date for the performance of such act, the Fund shall hold the Custodian harmless from any adverse consequences in connection with acting upon or failing to act upon such Instructions. If a Fund wishes to receive periodic corporate action notices of exchanges, calls, tenders, redemptions and other similar notices pertaining to Securities and to provide Instructions with respect to such Securities via the internet, the Custodian and such Fund may enter into a Supplement to this Agreement whereby such Fund will be able to participate in the Custodian’s Electronic Corporate Action Notification Service.

  • 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.

  • Surety Bonds No Trustee, officer, employee or agent of the Trust shall, as such, be obligated to give any bond or surety or other security for the performance of any of his duties, unless required by applicable law or regulation, or unless the Trustees shall otherwise determine in any particular case.

  • Replacement Notes If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

  • Performance Bonds Buyer shall have obtained, or caused to be obtained, in the name of Buyer, replacements for Seller’s and/or Seller’s Affiliates’ bonds, letters of credit and guarantees, and such other bonds, letters of credit and guarantees to the extent required by Section 7.05.

  • Construction Bonds In accordance with 153.54, et. seq. of the Ohio Revised Code, the recipient shall require that each of its Contractors furnish a performance and payment bond in an amount at least equal to 100 percent (100%) of its contract price as security for the faithful performance of its contract;

  • The Bonds Each Class of Bonds shall be registered in the name of a nominee designated by the Depository. Beneficial Owners will hold interests in the Bonds through the book- entry facilities of the Depository in minimum initial Bond Principal Balances of $25,000 and integral multiples of $1 in excess thereof. The Indenture Trustee may for all purposes (including the making of payments due on the Bonds) deal with the Depository as the authorized representative of the Beneficial Owners with respect to the Bonds for the purposes of exercising the rights of Holders of the Bonds hereunder. Except as provided in the next succeeding paragraph of this Section 4.01, the rights of Beneficial Owners with respect to the Bonds shall be limited to those established by law and agreements between such Beneficial Owners and the Depository and Depository Participants. Except as provided in Section 4.08 hereof, Beneficial Owners shall not be entitled to definitive certificates for the Bonds as to which they are the Beneficial Owners. Requests and directions from, and votes of, the Depository as Holder of the Bonds shall not be deemed inconsistent if they are made with respect to different Beneficial Owners. The Indenture Trustee may establish a reasonable record date in connection with solicitations of consents from or voting by Bondholders and give notice to the Depository of such record date. Without the consent of the Issuer and the Indenture Trustee, no Bond may be transferred by the Depository except to a successor Depository that agrees to hold such Bond for the account of the Beneficxxx Owners.

  • Replacement of Notes Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 18(iii)) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and

Time is Money Join Law Insider Premium to draft better contracts faster.