Series B Notes and Series C Notes Clause Samples

Series B Notes and Series C Notes. (a) The principal --------------------------------- amount of Series B Notes to be issued on the Debt Refinancing Date will equal such amount which, when added to the interest anticipated to accrue thereon from the Debt Refinancing Date to the then anticipated In-Service Date, determined in the reasonable judgment of HCG, will be equal to the Debt Commitment (as of the anticipated In-Service Date). The proceeds of the sale of the Series B Notes or Series G Notes will be used to refund in part the Series A Notes (including payment of accrued interest thereon). (b) If the Debt Refinancing Date occurs prior to the In-Service Date, then on the Debt Refinancing Date, Series C Notes will be issued and sold in a principal amount which is equal to the amount required to refund in full the Series A Notes (including accrued interest thereon) on the Debt Refinancing Date, after application to such refunding of the proceeds from the sale of the Series B Notes as provided above in Section 10.03(a). (c) The Series G Notes may be refinanced with the proceeds of Series B Notes pursuant to Section 2.3(a)(ii) of the Indenture. In connection with any such refinancing, the terms (financial or otherwise) of the Series B Notes used to refinance the Series G Notes shall reflect then current market terms for the type of indebtedness (which may include commercial bank debt) and lender involved, in a leveraged lease context, with borrowers similarly situated to HCG, taking into account the guarantee of GMHE, the credit standards of the lender and the fixed rate feature and maturity date of the Series B Notes, and the Indenture shall be modified, if necessary, including without limitation with respect to debt/equity points, to reflect such market terms.
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Series B Notes and Series C Notes. As provided therein, (i) the entire unpaid principal balance of the Series B Notes shall be due and payable on the stated maturity date thereof; and (ii) the entire unpaid principal balance of the Series C Notes shall be due and payable on the stated maturity date thereof.
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Related to Series B Notes and Series C Notes

  • Term Notes (i) The Term Notes shall be substantially in the form attached as Exhibit A-1, A-2, A-3 or A-4, as applicable; provided, further, that any of the Term Notes may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Base Indenture, as may be required to comply with any law or with rules or regulations pursuant thereto, or with the rules of any securities market in which the Term Notes may be admitted to trading, or to conform to general usage. The Term Notes shall be issuable in book-entry form and in accordance with Section 2.03 beneficial ownership interests in the Book-Entry Notes shall initially be held and transferred through the book-entry facilities of the Depositary; provided, that, if specified in the applicable Series Supplement, all or a portion of any Class or Series of Term Notes may be initially issued in fully registered, certificated form (the “Definitive Term Notes” and together with the Definitive Variable Funding Notes, the “Definitive Notes”). The Notes shall be issued in minimum denominations of $25,000 and in any whole dollar denomination in excess thereof. (ii) The Term Notes shall be executed by manual, electronic or facsimile signature by an Authorized Officer of the Issuer. The Term Notes bearing the manual, electronic or facsimile signatures of individuals who were at any time the Authorized Officers of the Issuer shall be entitled to all benefits under this Base Indenture, subject to the following sentence, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Term Notes or did not hold such offices at the date of such Term Notes. No Term Note shall be entitled to any benefit under this Base Indenture, or be valid for any purpose, however, unless there appears on such Term Note a certificate of authentication substantially in the form provided for herein executed by the Indenture Trustee by manual, electronic or facsimile signature, and such certificate of authentication upon any Term Note shall be conclusive evidence, and the only evidence, that such Term Note has been duly authenticated and delivered hereunder. The Indenture Trustee shall, upon receipt of an Issuer Order, authenticate and deliver any Term Notes executed by the Issuer for issuance pursuant to this Base Indenture. All Term Notes shall be dated the date of their authentication. (iii) The aggregate principal amount of the Term Notes which may be authenticated and delivered under this Base Indenture shall be unlimited.

  • 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.

  • 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.

  • Additional Notes; Repurchases The Company may, without the consent of the Holders and notwithstanding Section 2.01, reopen this Indenture and issue additional Notes hereunder with the same terms as the Notes initially issued hereunder (other than differences in the issue price and interest accrued prior to the issue date of such additional Notes) in an unlimited aggregate principal amount; provided that if any such additional Notes are not fungible with the Notes initially issued hereunder for U.S. federal income tax purposes, such additional Notes shall have a separate CUSIP number. Prior to the issuance of any such additional Notes, the Company shall deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, such Officers’ Certificate and Opinion of Counsel to cover such matters, in addition to those required by Section 17.05, as the Trustee shall reasonably request. In addition, the Company may, to the extent permitted by law, and directly or indirectly (regardless of whether such Notes are surrendered to the Company), repurchase Notes in the open market or otherwise, whether by the Company or its Subsidiaries or through a private or public tender or exchange offer or through counterparties to private agreements, including by cash-settled swaps or other derivatives. The Company shall cause any Notes so repurchased (other than Notes repurchased pursuant to cash-settled swaps or other derivatives) to be surrendered to the Trustee for cancellation in accordance with Section 2.08 and such Notes shall no longer be considered outstanding under this Indenture upon their repurchase.

  • Floating Rate Notes If this Note is specified on the face hereof as a “Floating Rate Note”: