SURVIVOR'S OPTION x Yes o No PROSPECT CAPITAL CORPORATION, a Maryland corporation (herein called the "Company," which term includes any successor corporation under the Indenture hereinafter referred to), for value received, hereby promises to pay to CEDE & CO., or registered assigns, the Principal Amount stated above on the Maturity Date shown above, and to pay interest on each payment date and at maturity as follows: • in the case of a Security that provides for monthly interest payments, the Interest Payment Dates shall be the fifteenth day of each calendar month (or, if not a Business Day, the next succeeding Business Day), commencing the first succeeding calendar month following the month in which the Security is issued; • in the case of a Security that provides for quarterly interest payments, the Interest Payment Dates shall be the fifteenth day of every third month (or, if not a Business Day, the next succeeding Business Day), commencing in the third succeeding calendar month following the month in which the Security is issued; • in the case of a Security that provides for semi-annual interest payments, the Interest Payment Dates shall be the fifteenth day of each sixth month (or, if not a Business Day, the next succeeding Business Day), commencing in the sixth succeeding calendar month following the month in which the Security is issued; and • in the case of a Security that provides for annual interest payments, the Interest Payment Date shall be the fifteenth day of every twelfth month (or, if not a Business Day, the next succeeding Business Day), commencing in the twelfth succeeding calendar month following the month in which the Security is issued. The first payment of interest on any Security originally issued between a Record Date and an Interest Payment Date will be made on the Interest Payment Date following the next succeeding Record Date to the registered owner of such Security on such next succeeding Record Date. Unless the applicable pricing supplement states otherwise, interest on the Securities will be computed on the basis of a 360-day year of twelve 30-day months. Interest payments on this Security will include interest accrued from and including the last date in respect of which interest has been paid or duly provided for (or from and including the Original Issue Date if no interest has been paid or provided for) to but excluding the Interest Payment Date or the Maturity Date, as the case may be. If the Interest Payment Date or the Maturity for any S...
SURVIVOR'S OPTION. The Notes shall contain a provision that provides for the optional repayment of the Notes prior to their Stated Maturity, if requested by the authorized representative of the beneficial owner of those Notes (the “Representative”), following the death of the beneficial owner (a “Survivor’s Option”), so long as the Notes were owned by the beneficial owner or his or her estate at least six months prior to the request and certain documentation requirements are satisfied; provided, however, that if the terms of any such Note conflict with any provision of this Article 3, the terms of such Note shall govern. Pursuant to the valid exercise of the Survivor’s Option, the Company shall repay any Note (or portion thereof) properly tendered for repayment by the Representative under the laws of the appropriate jurisdiction (including, without limitation, the personal representative or executor of the deceased beneficial owner or surviving joint owner with such deceased beneficial owner) at a price equal to 100% of the principal amount of the deceased beneficial owner’s beneficial interest in such Note plus accrued and unpaid interest to, but not including, the date of such repayment (or at a price equal to the amortized face amount for Original Issue Discount Securities on the date of such repayment), subject to certain limitations. Any Note (or portion thereof) tendered pursuant to a valid exercise of the Survivor’s Option may not be withdrawn. The Company has the discretionary right to limit the aggregate principal amount of Notes as to which exercises of the Survivor’s Option shall be accepted by the Company from the Representatives of all deceased beneficial owners in any calendar year to an amount equal to the greater of $1,000,000 or 1% of the principal amount of all the Notes outstanding as of the end of the most recent calendar year. The Company also has the discretionary right to limit to $250,000 in any calendar year the aggregate principal amount of Notes as to which exercises of the Survivor’s Option shall be accepted by the Company from the Representative of any individual deceased beneficial owner of Notes in such calendar year. The Company may also limit the exercise of the Survivor’s Option to principal amounts of $1,000 and integral multiples of $1,000. Each of these limitations is referred to herein as a “Put Limitation.” The death of a person holding a beneficial interest in a Note as a joint tenant or tenant by the entirety with another person, or a...
SURVIVOR'S OPTION. SECTION 3.01 Survivor’s Option 3
SURVIVOR'S OPTION. If so specified in any Note, the representative of a beneficial owner of such Note shall have the option to elect repayment of such Note following the death of the beneficial owner of such Note (a "Survivor's Option"). Unless otherwise specified in the Note, no Survivor's Option may be exercised if the deceased beneficial owner of the Note held such Note for less than six months prior to the beneficial owner's death. Pursuant to exercise of the Survivor's Option, the Company shall repay any Note (or portion thereof) properly tendered for repayment by or on behalf of the person (the "Representative") that has authority to act on behalf of the deceased beneficial owner of a Note under the laws of the appropriate jurisdiction (including, without limitation, the personal representative, executor, surviving joint tenant or surviving tenant by the entirety of such deceased beneficial owner) at a price equal to 100% of the principal amount of the beneficial interest of the deceased owner in such Note plus accrued interest to the date of such repayment (or at a price equal to the Amortized Face Amount for Original Issue Discount Notes and Zero-Coupon Notes on the date of such repayment), subject to the following limitations:
SURVIVOR'S OPTION. (a) If so specified in any Certificate, the representative of a beneficial owner of such Certificate shall have the option to elect repurchase of such Certificate (or portion thereof) following the death of the beneficial owner of such Certificate (a “Survivor’s Option”); provided however, that the Certificate was acquired by such beneficial owner at least six months prior to the request, and provided, further that the Trust shall only repurchase such Certificate (or portion thereof) to the extent that (i) the Underlying Notes also have survivor’s option provisions that the Trustee, on behalf of the Trust, may elect to exercise on behalf of the beneficial owner of such Certificate and (ii) the issuer of the Underlying Notes honors such election by the Trustee.
SURVIVOR'S OPTION. 19 SECTION 3.06
SURVIVOR'S OPTION. SECTION 3.01 Trustee Acceptance 4 SECTION 3.02 Governing Law 5 SECTION 3.03 Trust Indenture Act 5 SECTION 3.04 Execution in Counterparts 5 SECTION 3.05 Severability 5 SECTION 3.06 Appointment of Paying Agent and Security Rxxxxxxxx 0 SECTION 3.07 Ratification of Original Indenture 5 EXHIBIT FORTY-SIXTH SUPPLEMENTAL INDENTURE, dated as of May 1, 2015 (the “Supplemental Indenture”), between SolarCity Corporation, a Delaware corporation (hereinafter called the “Company”), having its principal executive office located at 3000 Xxxxxxxxx Xxx, Xxx Xxxxx, Xxxxxxxxxx, 00000, and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America, as trustee (in such capacity, the “Trustee”), to the indenture, dated as of October 15, 2014, between the Company and the Trustee (as amended or supplemented from time to time in accordance with the terms thereof, the “Original Indenture”).
SURVIVOR'S OPTION. SECTION 3.01 Trustee Acceptance 4 SECTION 3.02 Governing Law 5 SECTION 3.03 Trust Indenture Act 5 SECTION 3.04 Execution in Counterparts 5 SECTION 3.05 Severability 5 SECTION 3.06 Appointment of Paying Agent and Security Rxxxxxxxx 0 SECTION 3.07 Ratification of Original Indenture 5 EXHIBIT
SURVIVOR'S OPTION. If so specified in any InterNote, the representative of a deceased beneficial owner of the InterNote or a beneficial interest in the InterNote shall have the option to elect repayment of such InterNote or interest following the death of the owner (a "Survivor's Option"). Unless otherwise specifically provided for on the face of the InterNote, no Survivor's Option may be exercised if the deceased owner of the InterNote or a beneficial interest in the InterNote has held such InterNote or interest for less than six months prior to that owner's death. Pursuant to exercise of the Survivor's Option, the Company shall repay any InterNote (or portion thereof) properly tendered for repayment by or on behalf of the person (the "Representative") that has authority to act on behalf of the deceased beneficial owner of such InterNote under the laws of the appropriate jurisdiction (including, without limitation, the personal representative, executor, surviving joint tenant or surviving tenant by the entirety of such deceased beneficial owner) at a price equal to 100 % of the principal amount of the beneficial interest of the deceased owner in such InterNote plus accrued interest to the date of such repayment, subject to the following limitations:
SURVIVOR'S OPTION. 9 SURVIVOR'S OPTION BLACKOUT PERIOD .............................................................
