Secured Notes Sample Clauses
The 'Secured Notes' clause defines the terms under which a debt instrument, known as a note, is backed by specific collateral to provide security for the lender. In practice, this clause outlines what assets are pledged as security, the rights of the noteholders in the event of default, and the procedures for enforcing the security interest. By establishing a clear framework for collateralization, the clause protects lenders by reducing their risk and ensuring they have a claim to certain assets if the borrower fails to meet repayment obligations.
Secured Notes. (i) The Notes sold to Persons that are not “U.S. Persons” (as defined in Regulation S) shall each be issued initially in the form of one permanent global Note per Class in definitive, fully registered form without interest coupons substantially in the form attached as Exhibit A hereto (each, a “Regulation S Global Note”), and shall be deposited on behalf of the subscribers for such Notes represented thereby with the Trustee as custodian for, and registered in the name of a nominee of, DTC for the respective accounts of Euroclear and Clearstream, duly executed by the Issuers and authenticated by the Trustee or the Authenticating Agent as hereinafter provided.
(ii) The Notes sold to Persons that are QIB/QPs shall each be issued initially in the form of one permanent global Note per Class (unless such Persons elect to receive a Certificated Note) in definitive, fully registered form without interest coupons substantially in the form attached as Exhibit A hereto (each, a “Rule 144A Global Note”) and shall be deposited on behalf of the subscribers for such Notes represented thereby with the Trustee as custodian for, and registered in the name of Cede & Co., a nominee of, DTC, duly executed by the Issuers and authenticated by the Trustee or the Authenticating Agent as hereinafter provided.
(iii) The Secured Notes sold to persons that are a QIB/QP, may upon request be issued in the form of one or more definitive, fully registered notes without coupons substantially in the form attached as Exhibit A hereto (a “Certificated Note”) which shall be registered in the name of the beneficial owner or a nominee thereof, duly executed by the Issuers and authenticated by the Trustee or Authenticating Agent as hereinafter provided.
(iv) The aggregate principal amount of the Regulation S Global Notes and the Rule 144A Global Notes may from time to time be increased or decreased by adjustments made on the records of the Trustee or DTC or its nominee, as the case may be, as hereinafter provided.
Secured Notes. 6 SECTION 2.02. Payment from Indenture Estate Only........... 7 SECTION 2.03.
Secured Notes. The Series ----------------------------- 1997-C-1 Secured Notes shall:
Secured Notes. Evidence that the Secured Notes shall have been or shall substantially concurrently with the effectiveness of this Agreement be funded in an aggregate principal amount of not less than $500,000,000.
Secured Notes. Such Secured Noteholder is the holder of the Secured Note(s) set forth opposite its name on Schedule 1 hereto, and such Secured Note(s) constitute all of the secured indebtedness owed by the Company to such Secured Noteholder. Such Secured Noteholder has not granted any other Person a security interest, lien or other Encumbrance with respect to such Secured Note(s), the Company or any of its Affiliates or any of its or their respective assets.
Secured Notes. “Secured Notes” shall have the meaning given such term in the definition of “Transactional Agreements.”
Secured Notes. Pursuant to that certain Indenture for the PIK Toggle Senior Secured Notes due 2030 (the “Secured Notes”), dated as of March 12, 2025 (as amended by that certain First Supplemental Indenture, dated as of March 12, 2025, and as further amended, restated, amended and restated, supplemented, or otherwise modified from time to time, the “Secured Notes Indenture”), by and among Spirit IP Cayman Ltd. and Spirit Loyalty Cayman Ltd. as co-issuers (together, the “Secured Notes Issuers”), Spirit Airlines, LLC (as successor-in-interest to Spirit Airlines, Inc.) as parent guarantor, Spirit Aviation Holdings, Inc. as guaranteeing parent, the other guarantors from time to time party thereto (collectively, the “Secured Notes Guarantors”), and Wilmington Trust, National Association, as trustee and collateral custodian (in such capacities, the “Secured Notes Trustee”), for the benefit of the holders of the Secured Notes (collectively, the “Secured Noteholders”), the Secured Notes Issuers issued the Secured Notes to the Secured Noteholders, and the Secured Notes Guarantors guaranteed on a joint and several basis the obligations of the Secured Notes Issuers under the Secured Notes Indenture. Pursuant to that certain Amended and Restated Collateral Agency and Accounts Agreement dated as of March 12, 2025 (as amended, restated, amended and restated, supplemented, or otherwise modified from time to time in accordance with its terms, the “Secured Notes Collateral Agency & Accounts Agreement”; and, together with the Secured Notes Indenture and the other Senior Secured Debt Documents (as defined in the Secured Notes Collateral Agency & Accounts Agreement), the “Secured Notes Documents”), by and among the Secured Notes Issuers, the other grantors from time to time party thereto, the Secured Notes Trustee, Wilmington Trust, National Association, as depositary (in such capacity, the “Secured Notes Depositary”) and collateral agent (in such capacity, the “Secured Notes Collateral Agent” and, together with the Secured Notes Trustee, the Secured Noteholders, the Secured Notes Depositary, and each of the other Senior Secured Parties (as defined in the Secured Notes Collateral Agency & Accounts Agreement), collectively the “Secured Notes Parties”), and the other senior secured debt representatives from time to time party thereto, the Secured Notes Collateral Agent was appointed to act as collateral agent for the Secured Notes Parties, including with respect to holding, maintaining, admini...
Secured Notes. Delivery to each Seller of a secured promissory note of Buyer in a principal amount which represents each such Seller's Proportionate Share, of a principal sum totaling One Million Five Hundred Thousand Dollars ($1,500,000). Each of such secured promissory notes (a "Note" or, collectively, the "Notes") shall be in the form attached hereto as EXHIBIT A and shall be secured, in accordance with the terms and provisions contained in a security agreement, in the form attached hereto as EXHIBIT B (each, a "Security Agreement"), granting to Sellers a security interest in all present and future accounts receivable of Mercy, more fully described in Section 8 below; and
Secured Notes. The Debtors acknowledge that after the Foreclosure, the full principal and interest accrued on the Alpha Note and the balance of the KGN Note not tendered in the Foreclosure shall be valid outstanding debts of the Debtors.
Secured Notes. (a) the Company and Financeco’s 7.750% senior secured notes due 2025 issued pursuant to the Existing Indenture and (b) the Company and Financeco’s 12.875% senior secured notes due 2026 issued pursuant to the 2026 Notes Indenture.