Senior Note Claims Sample Clauses

Senior Note Claims. On the effective date of the relevant plan of reorganization (the "Effective Date"), all of the Senior Notes shall be cancelled and in exchange therefore, each Senior Noteholder shall receive a pro rata portion of newly authorized and issued TMAR common stock (the "New TMAR Stock") representing 100% of the common stock ownership of TMAR as of the Effective Date. All New TMAR Stock allocations to the Senior Noteholders are subject to dilution from the exercise of (i) options on the re-capitalized equity to be reserved for distribution pursuant to the TMAR LTIP, as described below and (ii) the warrants to be provided to the existing holders of equity interests in TMAR. TMAR will take all reasonably necessary actions to permit the New TMAR Stock to be traded on at least the NASDAQ OTC Bulletin Board market. Following the Effective Date, TMAR will use its reasonable best efforts to obtain listing of the New TMAR Stock on the NASDAQ Small Cap Market. On the Effective Date, TMAR will enter into a Registration Rights Agreement in form, scope and substance reasonably satisfactory to the Ad Hoc Committee providing the Senior Noteholders with customary demand and piggy-back registration rights with respect to the New TMAR Stock.
Sample 1
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Senior Note Claims. The Senior Noteholders shall not receive the interest payment due on November 1, 2005 under the Senior Notes. On the Effective Date, all of the Senior Notes shall be cancelled and in exchange therefor, each Senior Noteholder (together with, if applicable, the holders of the Apex Convertible Note, the DHS Claims (at the DHS Percentage Recovery or as otherwise agreed), the Apex Litigation Claims (at the DHS Percentage Recovery), the Curative Litigation Claims, the Curative Unsecured Claims and the Apex Unsecured Claims (at the DHS Percentage Recovery)) shall receive (a) a pro-rata portion of newly authorized and issued CURE common stock (the “New CURE Stock”) representing 100% of the common stock ownership of CURE as of the Effective Date and (b) a pro-rata portion of the net proceeds of the New Debt (the “Cash Consideration”). The allowance by the bankruptcy court of any claim listed above prior to the Effective Date shall not be a condition to the Effective Date, and any consideration due such claim shall be reserved pending such final resolution by the bankruptcy court. All such New CURE Stock allocations are subject to dilution from the exercise of options on the re-capitalized equity to be reserved for distribution pursuant to the CURE LTIP (as defined below). CURE shall take all reasonably necessary actions to de-register the New CURE Stock under the Securities Exchange Act of 1934. On the Effective Date, CURE shall enter into a Registration Rights Agreement in form, scope and substance reasonably satisfactory to the Ad Hoc Committee providing the Senior Noteholders with customary demand, piggy-back registration rights, and tag along and drag along rights with respect to the New CURE Stock. Curative and the Ad Hoc Committee agree to make reasonable accommodations with respect to the Senior Noteholders if it would be reasonably likely that Curative would be required to register the New CURE Stock under the Securities and Exchange Act of 1934, as amended. CURE shall provide certain information (via website posting), including but not limited to, audited annual financial statements, unaudited quarterly financial statements and disclosures regarding material events.
Sample 1
Senior Note Claims. Claims arising under the Senior Notes Agreement.
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Senior Note Claims. Class 3 shall consist of all Senior Note Claims.
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Related to Senior Note Claims

  • Subordinated Notes The Subordinated Notes have been duly authorized by the Company and when executed by the Company and issued, delivered to and paid for by the Purchasers in accordance with the terms of the Agreement, will have been duly executed, authenticated, issued and delivered, and will constitute legal, valid and binding obligations of the Company and enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally or by general equitable principles.

  • Senior Notes Notwithstanding the foregoing, the following additional provisions shall apply to Senior Notes:

  • Senior Subordinated Notes The subordination provisions contained in the Senior Subordinated Notes and in the other Senior Subordinated Note Documents are enforceable against the Borrower and the holders of the Senior Subordinated Notes, and all Obligations are within the definition of "Senior Debt" included in such subordination provisions.

  • Term Notes The Term Loan made by each Lender and interest accruing thereon shall be evidenced by the records of Agent and such Lender. At the request of any Lender, Borrowers shall deliver a Term Note to such Lender.

  • Subordination of Debentures 51 Section 16.1 Agreement to Subordinate.............................................................51 Section 16.2 Default on Senior Debt, Subordinated Debt or Additional Senior Obligations...........51 Section 16.3

  • SUBORDINATION OF NOTES Section 11.01.

  • Convertible Notes The Convertible Notes are subject to different conversion calculations depending on the event triggering conversion as described in the Notes (e.g., an IPO or other liquidity event). For illustration purposes, assuming the optional conversion right is exercised today, based on the current capitalization and the $50,000,000 assumed valuation specified for an optional conversion in the Notes, there would be 4,705,224 additional shares issued; provided however, that each holder of Notes is subject to a maximum 9.99% ownership of the shares of capital stock of the Company at any one time. This illustration calculation does not account for the 6% interest component.

  • Promissory Notes Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its permitted registered assigns) and in a form attached hereto as Exhibit C. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its permitted registered assigns).

  • Subordination Agreements Subordination Agreements with respect to all Subordinated Debt.

  • Subordination Agreement Each of (i) the subordination of interest payments to the Noteholders of the Class B Notes to the payment of any First Priority Principal Payment to the Noteholders of the Class A Notes and (ii) the subordination of interest payments to the Noteholders of the Class C Notes to the payment of any Second Priority Principal Payment to the Noteholders of the Class A Notes and the Class B Notes under Section 8.2(c) is a subordination agreement within the meaning of Section 510(a) of the Bankruptcy Code.

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