Unsecured Notes Sample Clauses
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Unsecured Notes. The Notes are general, unsecured obligations, PARI PASSU in right of payment to all of our existing and future senior debt except for any secured indebtedness. Holders of any secured indebtedness would have claims that are superior to your claims as a holder of the Notes to the extent of the value of the assets securing such other indebtedness. If we become insolvent, file for bankruptcy, reorganize our business or close down, the assets which serve as collateral for any secured indebtedness would be available to satisfy the obligations under the secured indebtedness before any payments were to be made on the Notes.
Unsecured Notes. The Seller holds of record and owns the Unsecured Notes free and clear of any restrictions on transfer (other than restrictions under the Securities Act and state securities laws), taxes, Security Interests, options, warrants, purchase rights, contracts, commitments, equities, claims, and demands. Upon transfer of the Unsecured Notes in accordance with the terms of this Agreement, Buyer shall acquire good, valid and marketable title to the Unsecured Notes, free and clear of any Security Interests.
Unsecured Notes. The Notes are “unsecured notes” for the purposes of section 283BH of the Corporations Act.
Unsecured Notes. On April 16, 2013, Realogy Group utilized $201 million of the remaining $218 million of net proceeds from the Company's initial public offering to redeem all of the outstanding Senior Subordinated Notes. On April 23, 2013, Realogy Group utilized the remaining net proceeds from the Company's initial public offering, cash on hand and borrowings under its revolving credit facility to redeem all of the $130 million of its 12.00% Senior Notes at a premium of 106%. On April 26, 2013, Realogy Group issued $500 million of 3.375% senior notes due 2016 (the " 3.375% Senior Notes"). Realogy Group used the net proceeds from the offering of the 3.375% Senior Notes of $494 million, along with borrowings under its revolving credit facility, to redeem all $492 million of its 11.50% Senior Notes at a redemption premium of 106%, plus accrued interest to the redemption date of May 28, 2013. The 3.375% Senior Notes are unsecured senior obligations of Realogy Group that mature on May 1, 2016. Interest on the 3.375% Senior Notes is payable semiannually on May 1 and November 1 of each year, which commenced on November 1, 2013. The 3.375% Senior Notes are guaranteed on an unsecured senior basis by each domestic subsidiary of Realogy Group that is a guarantor under the Senior Secured Credit Facility, the First Lien Notes and the First and a Half Lien Notes. The 3.375% Senior Notes are guaranteed by Realogy Holdings on an unsecured senior subordinated basis.
Unsecured Notes. At any time, directly or indirectly, pay, prepay, repurchase, redeem, retire or otherwise acquire, or make any payment on account of any principal of or premium payable in connection with the repayment or redemption of the Unsecured Notes, except (a) Loan Parties may repurchase, redeem, repay or prepay the Unsecured Notes (i) at any time, to the extent required by the terms of the Unsecured Notes Documents with the proceeds of any sale, lease, transfer or other disposition of, or insurance or condemnation with respect to, any of the Loan Parties’ properties or assets, (ii) prior to or substantially contemporaneously with any Acceptable Unsecured Notes Refinancing, with the proceeds from the sale or other disposition of Designated Assets in accordance with Section 2.7(a)(ii) and (iii) prior to or substantially contemporaneously with any Acceptable Unsecured Notes Refinancing, from any available funds in an amount not to exceed $15,000,000 in the aggregate, in the case of this clause (iii), so long as (x) upon giving pro forma effect thereto, average Undrawn Availability (as defined in the Revolving Credit Agreement as in effect on the Closing Date) is at least $20,000,000 for the 30 days preceding and as of the date of such payment, prepayment, repurchase, redemption, retirement or other acquisition, (y) the Fixed Charge Coverage Ratio (as defined in the Revolving Credit Agreement as in effect on the Closing Date) determined on a Pro Forma Basis after giving effect to such payment, prepayment, repurchase, redemption, retirement or other acquisition, is not less than 1.10 to 1.00, and (z) no Default or Event of Default has occurred and is continuing or would result therefrom, (b) pursuant to an Acceptable Unsecured Notes Refinancing and (c) in the case of any Unsecured Notes that remain outstanding immediately after the consummation of the Acceptable Unsecured Notes Refinancing, such Unsecured Notes may be (i) paid, prepaid, repurchased, redeemed, retired or otherwise acquired (x) with cash proceeds from an issuance of Equity Interests of the Borrower; provided, that such payment, prepayment, repurchase, redemption, retirement or other acquisition occurs within 30 days following the receipt of such cash proceeds and (y) in exchange for a contemporaneous issuance of Equity Interests of Borrower, (ii) pursuant to the refinancing of such Unsecured Notes with Permitted Refinancing Indebtedness or (iii) from any available funds (other than proceeds from the incur...
Unsecured Notes. (a) At all times from and after the Ninth Amendment Effective Date and until the date on which the Unsecured Notes Deposit Account has been opened in accordance with the first sentence of clause (b) below and such amounts have been transferred to the Unsecured Notes Deposit Account, maintain in B&WC’s operating account number x6015 (the “B&WC Operating Account”) at least amounts necessary to repay, defease and satisfy in full all of the February 2026 Unsecured Notes (including, for the avoidance of doubt, all principal, interest, fees and other amounts in respect thereof) (such amount, the “Minimum February 2026 Unsecured Notes Amount”), and not use such funds except to (i) repay, defease and satisfy the February 20206 Unsecured Notes, or (ii) prepay the Revolving Loans in whole or in part in accordance with Section 2.05(a)(i); provided, that (x) the amount withdrawn for purposes described in the foregoing clause (ii) shall not exceed $10,000,000 in the aggregate from and after the Ninth Amendment Effective Date, and (y) contemporaneously with the withdrawal of any amount for purposes described in the foregoing clause (ii), the Administrative Agent shall establish a Reserve in a like amount. The permitted uses of the Minimum February 2026 Unsecured Notes Amount described in the foregoing sentence are referred to herein as the “Permitted Withdrawal Uses”.
(b) Within fifteen (15) days following the Ninth Amendment Effective Date (or such later date as the Administrative Agent may agree in its discretion), open a new restricted deposit account with Axos Bank, which account (the “Unsecured Notes Deposit Account”) shall hold only the Minimum February 2026 Unsecured Notes Amount. At all times from and after the date on which the Unsecured Notes Deposit Account has been opened in accordance with the immediately preceding sentence, the Loan Parties shall maintain in the Unsecured Notes Deposit Account the Minimum February 2026 Unsecured Notes Amount, as such amount may be reduced by up to $10,000,000 in
Unsecured Notes. Repayment. An "Extension Date" (as defined in each Unsecured Note) has been established pursuant to the terms of Section 2
Unsecured Notes. On April 28, 2016, the Debtors entered into that certain Indenture, by and among ION Geophysical Corporation, as issuer, the other Debtors and GX Mexico, as guarantors, and Wilmington Savings Funds Society, FSB, as trustee (the “Original Second Lien Indenture”). The notes thereunder (the “
Unsecured Notes. The Administrative Agent shall have received payoff letters from the holders of the Unsecured Notes, indicating the amount of the loan obligations of the Borrowers to the holders of the Unsecured Notes to be discharged on the Closing Date and an acknowledgment by the holders of the Unsecured Notes that upon receipt of such funds the Unsecured Notes shall be paid in full and the holders thereof shall forthwith execute and deliver to the Administrative Agent for filing all termination statements and take such other actions as may be necessary to discharge all mortgages, deeds of trust and security interests granted by any of the Borrowers or any of their Subsidiaries in favor of the holders of the Unsecured Notes.
Unsecured Notes. Claims In full and final satisfaction, settlement, release, and discharge of each allowed claim on account of the Unsecured Notes (an “Unsecured Notes Claim”), each holder of such allowed claim shall receive (a) its pro rata share of Remaining Reorganized Common Equity (subject to dilution by the Initial Equity Compensation) in a manner consistent with the provisions of section 1129(a)(9) of the Bankruptcy Code and (b) to the extent such holder is an Eligible Offeree as of the Applicable Times, the right to purchase Reorganized Common Equity (subject to dilution by the Initial Equity Compensation) at the Plan Equity Value in the Equity Rights Offerings in accordance with the Equity Rights Offering Procedures and the Plan.
