Remaining Notes Clause Samples
Remaining Notes. Any portion of the Notes not exchanged by the Noteholders (including, without limitation, any interest accrued on the Notes, including the Exchanged Notes, after the most recent PIK Interest Payment Due Date up to and including the Closing Date) will be re-issued to the applicable Noteholder in accordance with Section 21 of the Note (the “New Notes”) and in the amount set forth on the Noteholder’s applicable Schedule A, except as noted in Section 1.3(c).
Remaining Notes. At Closing JLLM would have no material assets and no liabilities, except for the Remaining Notes and accounts payable as set forth in Schedule 6.11.
Remaining Notes a. As soon as practicable following the closing of the Asset Purchase and other transactions contemplated by the APA (the “APA Closing”), but in any event within one (1) business day of the APA Closing, the Company shall pay $12,000,000 in cash (the “Closing Cash Amount”) to the Trustee as paying agent under the Indenture for the benefit of the holders of the Remaining Notes in partial redemption of $12,000,000 in aggregate principal amount of such Remaining Notes (the “Redeemed Notes”) prior to any other payments to the holders of Preferred Stock or Junior Stock (as defined in the Certificate of Designation). Immediately upon such payment, all such redeemed aggregate principal amount of the Redeemed Notes shall be deemed satisfied and discharged in its entirety and no longer outstanding, in force and in effect. The portion of the Closing Cash Amount payable to each Noteholder pursuant to this Section 2(a) is set forth opposite such Noteholder’s name on Schedule 1 attached hereto.
b. The Company shall deliver or cause to be delivered to the Trustee all notices, legal opinions and other officer’s certificates, and shall execute such supplemental indenture as may be necessary to effectuate such partial redemption of the Remaining Notes under the Indenture.
c. The Company and each Noteholder shall execute and/or deliver such other documents and agreements as are mutually acceptable and take such other actions as are customary, reasonably necessary and mutually acceptable to effectuate the partial redemption of the Remaining Notes contemplated by this Agreement, including consenting to any amendments to the Indenture or the entry into of a supplemental indenture to permit such partial redemption.
Remaining Notes. The 2011 Floating Rate Notes not tendered or purchased pursuant to the Offer shall be referred to herein as “Unmodified Notes”.