Issuance of Subordinated Notes. The aggregate principal amount of Subordinated Notes which may be outstanding at any time under this Indenture may not exceed $24,679,000 at any time, except to the extent permitted by Sections 2.08 and 2.17. Upon the execution and delivery of this Indenture, Subordinated Notes in an aggregate principal amount of $24,679,000, and such additional amount as provided for in Section 2.17, may be executed by Alderwoods and delivered to the Trustee for authentication. The Subordinated Notes under this Indenture are being issued in accordance with the Settlement Agreement and pursuant to the Plan of Reorganization which provides, among other things, that the Subordinated Notes and certain other securities are being issued in exchange for and in satisfaction of certain claims against Alderwoods, The Loewen Group Inc. (the former parent company of Alderwoods) or certain Xxxxxr Subsidiaries (as defined in the Plan of Reorganization) of Alderwoods or The Loewen Group Inc. No Subordinated Note will be deemed outstanding for xxxxxxes of exercising voting or similar rights of a Holder pursuant to this Indenture unless and until it or a Predecessor Note has been issued to the Holder in compliance with such conditions of issuance as may be set forth in the Settlement Agreement or in the Plan of Reorganization or the confirmation order relating thereto. Receipt by the Trustee of an authentication order from Alderwoods or the Disbursing Agent (as defined in the Plan of Reorganization) will be sufficient evidence of compliance with such conditions. The Subordinated Notes and the Trustee's certificate of authentication thereon shall be in substantially the form of Exhibit A or B hereto, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with any applicable law or with the rules of any securities exchange or as may, consistently herewith, be determined by the Officers executing such Subordinated Notes, as evidenced by their execution thereof. The Subordinated Notes shall be issuable only in registered form without coupons and only in denominations of $100 and integral multiples thereof. The definitive Subordinated Notes shall be printed, typewritten, lithographed or engraved or produced by any combination of these methods or may be produced in any other manner...
Issuance of Subordinated Notes. Subject to the terms and conditions of this Agreement, the Company will issue to you and you will receive from the Company, at the Closing provided for in Section 3, (i) the $80,000,000 Note and the Collateral Deposit Note.
Issuance of Subordinated Notes. On or prior to the Closing Date, Company shall have issued and sold the Subordinated Notes in an aggregate face amount of not less than $175,000,000. The Subordinated Notes shall be unsecured and shall have terms, including without limitation, maturity, interest rates, covenants and subordination provisions substantially as set forth in the Indenture dated as of November 21, 1997 with such changes thereto, if any, that have been approved by Arranger and Administrative Agent. Company shall deliver to Administrative Agent true and complete copies of all documentation relating to the Subordinated Notes, all of which shall be in form and substance satisfactory to Administrative Agent.
Issuance of Subordinated Notes. The Borrower will use commercially reasonable efforts to issue the Subordinated Notes as soon as reasonably practicable following the Closing Date.
Issuance of Subordinated Notes. On or before the Closing Date, ------------------------------ Company shall have (x) issued and sold not less than $390,000,000 in aggregate principal amount of Subordinated Notes having an interest rate not in excess of 10%, and (y) arranged and obtained not less than $565,000,000 in total financing (including the Subordinated Notes and the Obligations hereunder) to finance the Offer and Consent Solicitation and the other transactions contemplated by the Loan Documents and Related Agreements, in each case on terms and conditions satisfactory to Administrative Agent.
Issuance of Subordinated Notes. Issuance of 8% PIK Notes and Application of Proceeds Thereof. The Borrower will use commercially reasonable efforts to issue the Subordinated Notes in an aggregate principal amount of up to $125,000,000 not later than the Redemption Completion Date pursuant to documentation reasonably satisfactory to the Administrative Agents. If for any reason the Borrower has not issued the Subordinated Notes as described in the immediately preceding sentence on or before the Redemption Completion Date, then on or before such date (a) Holdings will issue to the Investors $45,000,000 in aggregate principal amount of the 8% PIK Debentures in exchange for the payment by the Investors to Holdings of $45,000,000 in cash and (b) Holdings will apply the proceeds from the issuance of the 8% PIK Debentures to pay principal, premiums and accrued interest, if any, payable in connection with the redemption of (i) Senior Notes that remain outstanding following the consummation of the Debt Tender Offer and (ii)
Issuance of Subordinated Notes. On the Second Restatement Effective Date, in consideration for the reduction of the value of a portion of its Equity by the Equity Owner pursuant to the subscription and exchange agreement entered into between the Borrower and the Equity Owner, the Borrower shall issue Subordinated Notes to the Equity Owner with an initial principal amount equal to $15,000,000. Unless a Subordinated Noteholder requests to receive a definitive Subordinated Note, Subordinated Notes will be uncertificated interests recorded on the Borrower Register. If any Subordinated Noteholder requests a definitive Subordinated Note, the Borrower shall execute a definitive Subordinated Note substantially in the form of Exhibit A-3 hereto and deliver such definitive Subordinated Note to such Subordinated Noteholder.
Issuance of Subordinated Notes. The aggregate principal amount of Subordinated Notes which may be outstanding at any time under this Indenture may not exceed $24,679,000(2) at any time, except to the extent permitted by Sections 2.08 and 2.17. Upon the execution and delivery of this Indenture, Subordinated Notes in an aggregate principal amount of $24,679,000(3), and such additional amount as provided for in Section 2.17, may be executed by LGII and delivered to the Trustee for authentication. The Subordinated Notes and the Trustee's certificate of authentication thereon shall be in substantially the form of Exhibit A hereto, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with any applicable law or with the rules of any securities exchange or as may, consistently herewith, be determined by the Officers executing such Subordinated Notes, as evidenced by their execution thereof. The Subordinated Notes shall be issuable only in registered form without coupons and only in denominations of $1,000 and integral multiples thereof. The definitive Subordinated Notes shall be printed, typewritten, lithographed or engraved or produced by any combination of these methods or may be produced in any other manner permitted by the rules of any securities exchange on which the Subordinated Notes may be listed, all as determined by the Officers executing such
Issuance of Subordinated Notes. Subject to the limitations of this Article Seven, the Issuer shall have the right to issue Subordinated Notes. Any such Subordinated Notes shall be subordinate in right of payment and in all other respects to the Class A-1 Notes and the Subordinated Notes shall not be secured by the lien of the Collateral Agent on the Collateral. Such Subordinated Notes may be issued only for the purpose of financing the purchase of, or purchasing, Inventory under the Contribution and Sale Agreement and financing amounts due under the Inventory Processing and Servicing Agreement. Any such Subordinated Note shall be substantially in the form of Exhibit H to this Agreement.
Issuance of Subordinated Notes. On or before the Restatement Effective Date, Borrower shall have issued and sold the Subordinated Notes in an aggregate principal amount of $100,000,000 and Borrower shall have delivered to Administrative Agent complete, correct and conformed copies of all documents actually delivered in connection with the issuance of the Subordinated Notes and the execution of the Subordinated Indenture, all in form and substance satisfactory to Agents and Requisite Lenders. In addition, all opinions by counsel to Holding, or any of its Subsidiaries (and, if requested by Administrative Agent, any certificates and letters) delivered in connection with the Subordinated Notes and the Subordinated Note Indenture shall be addressed to Agents and Lenders or accompanied by a written authorization from the Person delivering such document 76 stating that Administrative Agent and Lenders may rely on such document as though it were addressed to them.
