New Notes Indenture Clause Samples
The New Notes Indenture clause establishes the terms and conditions governing the issuance and management of new debt securities, known as notes, by the issuer. It typically outlines the rights and obligations of both the issuer and the noteholders, including payment schedules, interest rates, covenants, and events of default. By clearly defining these parameters, the clause ensures that all parties understand their responsibilities and protections, thereby reducing the risk of disputes and providing a structured framework for the administration of the new notes.
New Notes Indenture. Immediately prior to the consummation of the Exchange Offer, the Company will enter into the New Notes Indenture, which shall be substantially identical to the Existing Notes Indenture (and otherwise on terms reasonably acceptable to the Noteholder and the Company), except that the final maturity of the New Notes shall be May 1, 2013, the conversion price shall be $0.68 per Share which shall be convertible into 1,470.5882 Shares per $1,000 principal amount of the New Notes and interest on the New Notes shall begin to accrue commencing on the date following the consummation of the Exchange Offer.
New Notes Indenture. The New Notes Indenture has been duly authorized by the Company; the New Notes Base Indenture has been and, at the Closing Date, the New Notes Supplemental Indenture will have been duly executed and delivered by the Company; assuming due authorization, execution and delivery by the New Notes Trustee, the New Notes Base Indenture constitutes and, as of the Closing Date, the New Notes Supplemental Indenture will constitute a valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except as enforcement thereof may be limited by the Enforceability Exceptions; and the New Notes Indenture was duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”).
New Notes Indenture. The New Notes Indenture has been duly authorized and will be duly executed and delivered following the completion of the Rights Offering by the Company and, when duly executed and delivered in accordance with its terms by the New Trustee, will constitute a valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting creditors’ rights generally or by equitable principles relating to enforceability. The New Notes Indenture will conform in all material respects to the requirements of the Trust Indenture Act of 1939, as amended, and the regulations of the Commission applicable to an indenture that is qualified thereunder (collectively, the “Trust Indenture Act”).
New Notes Indenture. The New Notes Indenture has been duly authorized by the Company and, when executed and delivered by the Company and, assuming due execution and delivery thereof by the trustee party to the New Notes Indenture, the New Notes Indenture will constitute a valid and legally binding instrument, enforceable against the Company in accordance with its terms, subject to the Enforceability Exceptions. The New Notes have been duly authorized by the Company and, when issued and delivered pursuant to the terms of the New Notes Indenture, will have been duly executed, authenticated, issued and delivered and will constitute valid and legally binding obligations of the Company, enforceable against the Company in accordance with their terms, subject to the Enforceability Exceptions, and the New Notes will be in the form contemplated by, and entitled to the benefits provided by, the New Notes Indenture. The New Notes and New Notes Indenture conform in all material respects to the descriptions thereof in the Materials.
New Notes Indenture. The Second Supplemental Indenture has been duly authorized by the Company and, when executed and delivered by the Company and the New Notes Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by bankruptcy, fraudulent conveyance, insolvency, reorganization, moratorium, and other laws relating to or affecting creditors’ rights generally and by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law).
New Notes Indenture. Agree to any amendment of the New Notes Indenture or any waiver of the terms of the New Notes Indenture without obtaining the consent of the Required Lenders to such amendment or waiver, except in the case of any such amendment or waiver that seeks the consent of any of the Required Second Lien Secured Parties (as defined in the Intercreditor Agreement) to do only one or more of the following: (i) amend the maturity date of the New Notes to a date later than the date set forth in the New Notes Indenture as in effect on the date hereof, or decrease the amount of any scheduled principal amortization payment on or any interest rate applicable to the New Notes, or delete any mandatory prepayment provision with respect to the New Notes; (ii) amend or modify any covenant in the New Notes Indenture or any Second Lien Collateral Document (as defined in the Intercreditor Agreement) in such a manner as to make such covenant less restrictive to the Loan Parties; (iii) delete or waive any “Default” (as defined therein) under the New Notes Indenture; or (iv) cure any ambiguity, defect or inconsistency of a technical nature in the Indenture.