One Class of Notes Sample Clauses

One Class of Notes. The Initial Notes, any Additional Notes and the Exchange Notes shall vote and consent together on all matters as one class; and none of the Initial Notes, any Additional Notes and the Exchange Notes shall have the right to vote or consent as a separate class on any matter. The Initial Notes, any Additional Notes and the Exchange Notes shall together be deemed to constitute a single class or series for all purposes under this Indenture.
Sample 1Sample 2Sample 3See All (34)
One Class of Notes. The Notes and any Additional Notes shall vote and consent together on all matters as one class, and none of the Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter.
Sample 1Sample 2Sample 3See All (22)
One Class of Notes. The Initial Notes and any Additional Notes shall vote and consent together on all matters as one class; and none of the Initial Notes or any Additional Notes shall have the right to vote or consent as a separate class on any matter. The Initial Notes and any Additional Notes shall together be deemed to constitute a single class or series for all purposes, other than for U.S. federal income tax purposes, under this Indenture.
Sample 1Sample 2Sample 3See All (13)
One Class of Notes. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture.
Sample 1Sample 2See All (4)
One Class of Notes. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture; provided, however, that to the extent that any Notes are issued at a discount to their stated redemption price at maturity and bear the legend required by Section 2.01(c)(iii), each group of Notes bearing a given amount of original issue discount shall be treated as a separate class only for purposes of the transfer and exchange provisions of this Section 2.06.
Sample 1
One Class of Notes. The Initial Notes and the ------------------ Additional Notes shall vote and consent together on all matters as one class and none of the Initial Notes or the Additional Notes shall have the right to vote or consent as a separate class on any matter.
Sample 1
One Class of Notes. Pursuant to Section 2.15 of the Indenture, the parties hereby confirm that the Restricted Notes, the Notes represented by Unrestricted Global Notes and any Additional Notes shall vote and consent together on all matters as one class; and none of the Restricted Notes, the Notes represented by Unrestricted Global Notes any Additional Notes shall have the right to vote or consent as a separate class on any matter. Restricted Notes, the Notes represented by Unrestricted Global Notes and any Additional Notes shall together be deemed to constitute a single class or series for all purposes under this Indenture.
Sample 1

Related to One Class of Notes

  • Prepayment of Notes (a) Subject to the provisions of this Section 3.1(a), the Company at its option may, after giving not less than 30 days' prior written notice (the "Company Conversion Notice") to the Purchaser and each Additional Note Purchaser, prepay the unpaid principal balance of the Notes, together with all accrued but unpaid interest on the principal amount being prepaid to the date of such prepayment, in whole or in part (in an aggregate amount of not less than $1,000,000 or any greater amount which is an even multiple of $100,000, or in an amount equal to the aggregate principal balance of all of the Notes) as set forth below; provided, however, that no prepayment shall be permitted under this Section 3.1(a) until such time as the Company shall have obtained the Stockholder/AMEX Conversion Approval. It is also expressly understood and agreed by the Company that, notwithstanding anything to the contrary contained herein or in any other Note Document, each holder of a Note shall have the right to convert such Note as provided in this Agreement notwithstanding the giving by the Company of any 30-day notice of prepayment under Section 3.1(a) hereof if such holder of a Note shall give to the Company the Company Conversion Notice or the Default Conversion Notice, as the case may be. (b) Not later than the second Business Day after any time that the Company or any of its Subsidiaries receives Equity Proceeds, the Company shall, unless waived by written notice given by the Requisite Noteholders, prepay the Notes in an amount equal to the Equity Proceeds received; provided, however, the Company shall have no obligation to prepay the Notes under this Section 3.1(b) if, so long as no Event of Default has occurred and is continuing, (i) the Equity Proceeds are less than $250,000 and (ii) the Equity Proceeds were raised pursuant to the payment of exercise prices of options for shares of Capital Stock of the Company held by any officer, director or employee of the Company or any of its Subsidiaries. The Company shall give the each holder of a Note not less than 30 days' prior written notice of a proposed receipt of Equity Proceeds by the Company or any of its Subsidiaries. (c) The premium to be paid on the principal amount of any prepayment shall be as follows: Payment Date Principal Premiums ------------ ------------------ Closing Date through the one year anniversary of the No Premium-100% of the principal amount of the Note Closing Date 5% Premium-105% of the principal amount of the Note The one year anniversary of the Closing Date through the 15 month anniversary of the Closing Date the 15 month anniversary of the Closing Date through the 2 10% Premium-110% of the principal amount of the Note year anniversary of the Closing Date (d) On the Maturity Date, the unpaid principal balance of the Notes, to the extent not sooner paid or prepaid hereunder, shall be paid in full (such amount to be determined after giving effect to the repayment provisions set forth in clause (a) above), together with accrued interest and fees thereon and all expenses, indemnities and other Obligations payable under the terms of the Notes or this Agreement. (e) The Company shall call Notes for prepayment pursuant to Section 3.1(a) by giving the written notice as called for by Section 3.1(a) to each holder of such Notes, which notice shall specify (i) the date fixed for such prepayment, (ii) the principal amount to be prepaid on such date, and (iii) the amount of accrued interest to be paid or anticipated to be paid on such date. Notice of prepayment having been so given shall be irrevocable, and the aggregate principal amount of the Notes so to be prepaid as specified in such notice, together with interest accrued thereon to such date fixed for prepayment, shall become due and payable on the specified prepayment date.

  • Amount of Notes The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture on the Issue Date is $500,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and the Liens with respect thereto are permitted by Section 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 3.08, 4.06(e), 4.08(c) or Appendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes: (1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture; (2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue; and (3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of Appendix A in which any such Global Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Note or a nominee thereof. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officer’s Certificate or an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.

  • Payment of Notes 30 Section 4.02. Maintenance of Office or Agency..................................................30 Section 4.03. Reports..........................................................................31 Section 4.04.

  • 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 (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (provided that if the holder of such Note is, or is a nominee for, an original Purchaser or another holder of a Note with a minimum net worth of at least $50,000,000 or a Qualified Institutional Buyer, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or (b) in the case of mutilation, upon surrender and cancellation thereof, within ten Business Days thereafter, the Company at its own expense shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

  • Calculation of Principal Amount of Notes The aggregate principal amount of the Notes, at any date of determination, shall be the principal amount of the Notes at such date of determination. With respect to any matter requiring consent, waiver, approval or other action of the holders of a specified percentage of the principal amount of all the Notes, such percentage shall be calculated, on the relevant date of determination, by dividing (a) the principal amount, as of such date of determination, of Notes, the holders of which have so consented, by (b) the aggregate principal amount, as of such date of determination, of the Notes then outstanding, in each case, as determined in accordance with the preceding sentence, and Section 13.06 of this Indenture. Any calculation of the Applicable Premium made pursuant to this Section 2.13 shall be made by the Company and delivered to the Trustee pursuant to an Officers’ Certificate.

  • Redemption of Notes Section 10.01. Redemption...................................................................53 Section 10.02. Form of Redemption Notice....................................................54 Section 10.03. Notes Payable on Redemption Date.............................................54

  • Ranking of Notes No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

  • Acceleration of Notes If payment of the Notes is accelerated because of an Event of Default, the Company shall promptly notify holders of Senior Debt of the acceleration.

  • Special Notes Recommended Clinician: Meet & Greet date and time: Date and time requested: Rate:

  • SUBORDINATION OF NOTES Section 11.01.