Secured Note Sample Contracts

February 2nd, 2021 · Common Contracts · 4 similar
Community Health Systems IncCHS/COMMUNITY HEALTH SYSTEMS, INC., as Issuer the GUARANTORS party hereto, REGIONS BANK, as Trustee AND REGIONS BANK, as Junior-Priority Collateral Agent, 6.875% Junior-Priority Secured Notes due 2029 INDENTURE Dated as of February 2, 2021

INDENTURE dated as of February 2, 2021, among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation, the Guarantors party hereto from time to time, REGIONS BANK, an Alabama banking corporation, as trustee, and REGIONS BANK, an Alabama banking corporation, as collateral agent.

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July 1st, 2014 · Common Contracts · 3 similar
Cenveo, IncCENVEO CORPORATION, as Issuer, the GUARANTORS named herein and THE BANK OF NEW YORK MELLON, as Trustee and as Collateral Agent INDENTURE Dated as of June 26, 2014 8.500% Junior Priority Secured Notes due 2022

INDENTURE dated as of June 26, 2014 among Cenveo Corporation, a Delaware corporation (the “Company”), the Guarantors (as defined herein) listed on Schedule A hereto, and The Bank of New York Mellon, a New York banking corporation, as trustee (together with its successors in such capacity, the “Trustee”) and as collateral agent (together with its successors in such capacity, the “Collateral Agent”).

January 19th, 2021 · Common Contracts · 3 similar
Amc Entertainment Holdings, Inc.AMC ENTERTAINMENT HOLDINGS, INC. AND U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE AND NOTES COLLATERAL AGENT 15%/17% CASH/PIK TOGGLE FIRST LIEN SECURED NOTES DUE 2026 INDENTURE DATED AS OF JANUARY 15, 2021

INDENTURE dated as of January 15, 2021, among AMC ENTERTAINMENT HOLDINGS, INC., a Delaware corporation (the “Company”), the Guarantors party hereto from time to time and U.S. Bank National Association, as Trustee (in such capacity, the “Trustee”) and Collateral Agent (in such capacity, the “Notes Collateral Agent”).

March 26th, 2007 · Common Contracts · 3 similar
McLeodUSA Holdings IncINDENTURE Dated as of September 28, 2006 AMONG MCLEODUSA INCORPORATED, as Issuer, THE GUARANTORS NAMED HEREIN, as Guarantors, AND U.S. BANK NATIONAL ASSOCIATION, as Trustee and Collateral Agent 10½% Senior Second Secured Notes Due 2011

INDENTURE, dated as of September 28, 2006, among McLeodUSA Incorporated, a Delaware corporation (the “Company”), the Guarantors (as herein defined) and U.S. Bank National Association, as Trustee (in such capacity, the “Trustee”) and Collateral Agent (in such capacity, the “Collateral Agent”).

June 11th, 2013 · Common Contracts · 3 similar
Central European Distribution CorpCEDC FINANCE CORPORATION INTERNATIONAL, INC. as the Issuer, CENTRAL EUROPEAN DISTRIBUTION CORPORATION as the Parent, The entities listed on Schedule I hereto as the Guarantors, U.S. BANK NATIONAL ASSOCIATION as Trustee, DEUTSCHE BANK TRUST COMPANY ...

INDENTURE, dated as of June 5, 2013 among (i) CEDC FINANCE CORPORATION INTERNATIONAL, INC., a company incorporated under the laws of Delaware (the “Issuer”), (ii) CENTRAL EUROPEAN DISTRIBUTION CORPORATION, a company incorporated under the laws of Delaware, as a Guarantor (the “Parent”), (iii) the entities listed on Schedule I hereto (as “Initial Guarantors”), (iv) U.S. BANK NATIONAL ASSOCIATION (the “Trustee”), (v) DEUTSCHE BANK TRUST COMPANY AMERICAS (as, “Paying Agent”, “Registrar”, “Transfer Agent” and “Conversion Agent”), (vii) DEUTSCHE BANK AG, London Branch (as “Polish Security Agent”) and (viii) TMF TRUSTEE LIMITED (as “Security Agent”).

December 16th, 2003 · Common Contracts · 3 similar
Superior Essex IncINDENTURE Dated as of November 10, 2003 by and among SUPERIOR ESSEX COMMUNICATIONS LLC and ESSEX GROUP, INC., as Issuers, THE GUARANTORS (as defined herein), as Guarantors, and THE BANK OF NEW YORK, as Trustee Second Priority Secured Notes due 2008

THIS INDENTURE is dated as of November 10, 2003 (the “Effective Date”), among SUPERIOR ESSEX COMMUNICATIONS LLC, a Delaware limited liability company, (the “Company”), ESSEX GROUP, INC., a Michigan corporation (the “Co-Issuer” and, together with the Company, the “Issuers”), SUPERIOR ESSEX INC., a Delaware corporation (“Holdings”), SUPERIOR ESSEX HOLDING CORP., a Delaware corporation and wholly-owned subsidiary of Holdings (“Primary Intermediate Holdco”), ESSEX INTERNATIONAL INC. (“Secondary Intermediate Holdco”), each subsidiary of the Issuers listed in the signature pages hereto (each a “Subsidiary Guarantor”, and together with Holdings, Primary Intermediate Holdco and Secondary Intermediate Holdco, the “Guarantors”), and The Bank of New York, a New York banking corporation, as trustee (the “Trustee”).

August 27th, 2004 · Common Contracts · 2 similar
American Airlines IncRELATING TO AMERICAN AIRLINES, INC. 7.25% CLASS A SECURED NOTES DUE 2009
October 24th, 2003 · Common Contracts · 2 similar
American Business Financial Services Inc /De/SECURED NOTES SERIES 2000-2
May 1st, 2017 · Common Contracts · 2 similar
Banro CorpINDENTURE Dated as of April 19, 2017 Among BANRO CORPORATION and THE GUARANTORS AND OBLIGORS NAMED ON THE SIGNATURE PAGES HERETO and TSX TRUST COMPANY as Canadian Trustee and Collateral Agent and THE BANK OF NEW YORK MELLON as U.S. Trustee 10% SECURED ...
December 8th, 1999 · Common Contracts · 2 similar
Transition Auto Finance Iii IncTRANSITION AUTO FINANCE II, INC. SUBSCRIPTION $20,000,000 - 11% SECURED NOTES DUE AUGUST 31, 2004 AGREEMENT ------------------------------------------------- ------------------------------------------------------------------------------- ---- BY ...
August 12th, 1999 · Common Contracts · 2 similar
Cronos GroupCRONOS FINANCE (BERMUDA) LIMITED SECURED NOTE
March 5th, 2010 · Common Contracts · 2 similar
Morris Publishing Group LLCMORRIS PUBLISHING GROUP, LLC and MORRIS PUBLISHING FINANCE CO., as Issuers, THE GUARANTORS PARTY HERETO, as Guarantors Floating Rate Secured Notes due 2014 INDENTURE Dated as of March 1, 2010 Wilmington Trust FSB, as Trustee and Collateral Agent

INDENTURE dated as of March 1, 2010 among Morris Publishing Group, LLC, a Georgia limited liability company (the “Company” or “Morris Publishing”), and Morris Publishing Finance Co., a Georgia corporation, (“Morris Finance,” each an “Issuer” and together, the “Issuers”) as joint and several obligors, the Guarantors (as defined herein) listed on Schedule A hereto, and Wilmington Trust FSB, a federal savings bank, as trustee (the “Trustee”).

November 3rd, 2017 · Common Contracts · 2 similar
Global Ship Lease, Inc.GLOBAL SHIP LEASE, INC., AS ISSUER, THE GUARANTORS PARTY HERETO, AS GUARANTORS, CITIBANK, N.A., LONDON BRANCH AS TRUSTEE, SECURITY AGENT, PAYING AGENT, REGISTRAR AND TRANSFER AGENT INDENTURE Dated as of October 31, 2017 9.875% First Priority Secured ...

INDENTURE dated as of October 31, 2017 among Global Ship Lease, Inc., a corporation organized under the laws of the Marshall Islands, as Issuer (the “Issuer”), certain subsidiaries of the Issuer named herein, as Guarantors (the “Guarantors”), Citibank, N.A., London Branch as Trustee (the “Trustee”) and, as applicable, as Security Agent (the “Security Agent”), Paying Agent (as defined herein), and Registrar and Transfer Agent (each as defined herein).

November 13th, 2014 · Common Contracts · 2 similar
Essar Steel Canada Inc.1839688 ALBERTA ULC, the GUARANTORS party hereto AND WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee and Collateral Agent $252,103,398.42 14% Junior Secured Notes due 2020

INDENTURE dated as of November [14], 2014, among 1839688 ALBERTA ULC, an Alberta unlimited liability corporation (the “Issuer”), ESSAR STEEL ALGOMA INC., a Canadian corporation, ALGOMA HOLDINGS B.V., a Netherlands corporation (“Netherlands Holdings”), ESSAR TECH ALGOMA INC., a Canadian corporation (“Canadian Holdings”), ESSAR STEEL ALGOMA INC. USA, a Delaware corporation, CANNELTON IRON ORE COMPANY, a Delaware corporation, and ESSAR STEEL CANADA INC., a Canadian corporation, as Guarantors, the other Guarantors party hereto from time to time and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”).

December 2nd, 2020 · Common Contracts · 2 similar
Frontier Communications CorpFRONTIER COMMUNICATIONS CORPORATION (as Issuer) WILMINGTON TRUST, NATIONAL ASSOCIATION, (as Trustee) AND JPMORGAN CHASE BANK, N.A. (as Collateral Agent) 5.000% First Lien Secured Notes due 2028 INDENTURE Dated as of November 25, 2020

INDENTURE dated as of November 25, 2020, by and among FRONTIER COMMUNICATIONS CORPORATION (“Frontier” or the “Issuer” or the “Company”), a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, the Other Obligors, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code (collectively, the “Bankruptcy Cases”), the Guarantors party hereto from time to time, WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, together with its successors and assigns in such capacity, the “Trustee”) and JPMORGAN CHASE BANK, N.A., as notes collateral agent (in such capacity, together with its successors and assigns in such capacity, the “Collateral Agent”).

June 7th, 2012
Hd Supply, Inc.FIRST LIEN SECURED NOTE GRANT OF SECURITY INTEREST IN COPYRIGHTS

THIS FIRST LIEN SECURED NOTE GRANT OF SECURITY INTEREST IN COPYRIGHTS (this “Agreement”), dated as of April 12, 2012, is made by each of the signatories hereto (each, a “Grantor”) in favor of WILMINGTON TRUST, NATIONAL ASSOCIATION (“Wilmington Trust”), as note collateral agent (in such capacity, the “First Priority Note Collateral Agent”) with respect to the 8 1/8% Senior Secured First Priority Notes due 2019 (the “First Priority Notes”) issued by HD SUPPLY, Inc., a Delaware corporation (the “Issuer”) pursuant to the Indenture, dated as of the date hereof (as amended pursuant to the First Supplemental Indenture, dated as of the date hereof, and as further amended, amended and restated, waived, supplemented or otherwise modified from time to time, the “First Priority Notes Indenture”), among the Issuer, the Subsidiary Guarantors from time to time parties thereto, and Wilmington Trust.

February 19th, 2013
Attitude Drinks Inc.EXHIBIT (10)(93) ALLONGE NO. 7 TO SECURED NOTE ISSUED FEBRUARY 22, 2012

This Allonge No. 7 to Secured Note (“Allonge”) is made as of this 15th day of February, 2013, by Attitude Drinks Inc., a Delaware corporation (“Borrower”) to Alpha Capital Anstalt (“Lender”). Reference is hereby made to that certain Secured Note issued by Borrower to Lender dated February 22, 2012 (“Note”). Except as amended hereby, the terms of the Note remain as originally stated.

March 27th, 2006
as Secured Notes Trustees and

THIS INTER-CREDITOR AGREEMENT, dated as of the 31st day of March, 2006, by and among CIT Business Credit Canada Inc., in its capacity as administrative agent for itself and the lenders from time to time party to the ABL Credit Agreement (as hereinafter defined) (the “ABL Agent”), 1685970 Ontario Inc. in its capacity as agent for itself and the lenders from time to time party to the Term Credit Agreement (as hereinafter defined) (the “Term Agent”), BNY Trust Company of Canada (the “Canadian Trustee”) and The Bank of New York (the “U.S. Trustee”, and together with the Canadian Trustee, the “Secured Notes Trustees”), as co-trustees under the Secured Notes Trust Indenture (as hereinafter defined) (collectively, the “Secured Notes Trustees”), Stelco Inc., as borrower (the “Borrower”), Hamilton Steel Limited Partnership, Hamilton Steel GP Inc., Lake Erie Steel Limited Partnership, Lake Erie Steel GP Inc., Hamilton Coke Limited Partnership, Hamilton Coke GP Inc., Lake Erie Coke Limited Partne

November 5th, 2004
Central Originating Lease TrustSECURED NOTES
September 24th, 2015
Be Active Holdings, Inc.ALLONGE NO. 1 TO SECURED NOTE ISSUED DECEMBER 31, 2014

This Allonge No. 1 to Secured Note (“Allonge”) is made as of this 21st day of September, 2015, by Be Active Holdings, Inc., a Delaware corporation (“Borrower”) to Sandor Capital Master Fund (“Lender”). This Allonge is being issued pursuant to a Consent, Waiver and Modification Agreement dated on or about the date of this Allonge, the terms of which are incorporated herein by this reference. Reference is hereby made to that certain Secured Note issued by Borrower to Lender dated December 31, 2014 (“Note”). Capitalized terms used in this Allonge not otherwise defined herein shall have the meanings ascribed to such terms in the Note. Except as amended hereby, the terms of the Note remain as originally stated.

August 28th, 2012
Attitude Drinks Inc.ALLONGE NO. 1 TO SECURED NOTE ISSUED FEBRUARY 22, 2012

This Allonge No. 1 to Secured Note (“Allonge”) is made as of this 22th day of August, 2012, by Attitude Drinks Inc., a Delaware corporation (“Borrower”) to Alpha Capital Anstalt (“Lender”). Reference is hereby made to that certain Secured Note issued by Borrower to Lender dated February 22, 2012 (“Note”). Except as amended hereby, the terms of the Note remain as originally stated.

November 9th, 2009
Vertex Pharmaceuticals Inc / MaU.S. $155,000,000 VERTEX PHARMACEUTICALS INCORPORATED SECURED NOTES DUE 2012

liability, covenant or order, or any encumbrance, restriction, right or claim of any other Person or Governmental Authority of any kind whatsoever, whether choate or inchoate, filed or unfiled, noticed or unnoticed, recorded or unrecorded, contingent or non-contingent, material or non-material, known or unknown, other than any of the above created solely in favor of the Purchaser by the Transaction Documents.

February 19th, 2013
Attitude Drinks Inc.EXHIBIT (10)(92) ALLONGE NO. 6 TO SECURED NOTE ISSUED FEBRUARY 22, 2012

This Allonge No. 6 to Secured Note (“Allonge”) is made as of this 14th day of January, 2013, by Attitude Drinks Inc., a Delaware corporation (“Borrower”) to Alpha Capital Anstalt (“Lender”). Reference is hereby made to that certain Secured Note issued by Borrower to Lender dated February 22, 2012 (“Note”). Except as amended hereby, the terms of the Note remain as originally stated.

April 23rd, 2002
Bentley Systems IncSECURED NOTE

THIS SECURED NOTE IS SUBJECT TO THE TERMS OF THE STANDSTILL AGREEMENT, DATED AS OF DECEMBER 26, 2000, BY INTERGRAPH CORPORATION IN FAVOR OF PNC BANK, NATIONAL ASSOCIATION, FOR ITSELF AND AS AGENT

February 6th, 2003
Abraxas Petroleum CorpINDENTURE Dated as of January 23, 2003 11-1/2% Secured Notes due 2007 CROSS- REFERENCE TABLE
May 7th, 2009
Attitude Drinks Inc.ALLONGE NO. 1 TO SECURED NOTE ISSUED JANUARY 27, 2009

This Allonge No. 1 to Secured Note (“Allonge”) is made as of this 17th day of February, 2009, by Attitude Drinks Inc., a Delaware corporation (“Borrower”) to Alpha Capital Anstalt (“Lender”). Reference is hereby made to that certain Secured Note issued by Borrower to Lender dated January 27, 2009 (“Note”). Except as amended hereby, the terms of the Note remain as originally stated.

November 19th, 2012
Attitude Drinks Inc.ALLONGE NO. 2 TO SECURED NOTE ISSUED FEBRUARY 22, 2012

This Allonge No. 2 to Secured Note (“Allonge”) is made as of this 18th day of October, 2012, by Attitude Drinks Inc., a Delaware corporation (“Borrower”) to Alpha Capital Anstalt (“Lender”). Reference is hereby made to that certain Secured Note issued by Borrower to Lender dated February 22, 2012 (“Note”). Except as amended hereby, the terms of the Note remain as originally stated.

May 9th, 2005
Capital Auto Receivables Asset Trust 2005-Sn1SECURED NOTES
March 19th, 2014
Attitude Drinks Inc.ALLONGE NO. 14 TO SECURED NOTE ISSUED FEBRUARY 22, 2012

This Allonge No. 14 to Secured Note (“Allonge”) is made as of this 28th day of October, 2013, by Attitude Drinks Inc., a Delaware corporation (“Borrower”) to Alpha Capital Anstalt (“Lender”). Reference is hereby made to that certain Secured Note issued by Borrower to Lender dated February 22, 2012 (“Note”). Except as amended hereby, the terms of the Note remain as originally stated.

May 15th, 2012
Metal Storm LTD /Adr/Metal Storm Limited Australian Special Opportunity Fund, L.P. Luxinvest Capital Advisors S.A. Hopgood Ganim Umbrella Deed – Secured Notes and Convertible Security © Corrs Chambers Westgarth

F The Company and ASOF have agreed to enter into transactions in relation to the Harmony Notes and the Convertible Security on the terms of this document.

January 23rd, 2019
Hc2 Holdings, Inc.AGREEMENT RE: SECURED NOTES

THIS AGREEMENT RE: SECURED NOTES (this “Agreement”) is made and entered into as of January 22, 2019, among HC2 Station Group, Inc., a Delaware corporation, and HC2 LPTV Holdings, Inc., a Delaware corporation (each a “Borrower” and, together, the “Borrowers”), Great American Life Insurance Company, an Ohio corporation (“GALIC”) and Great American Insurance Company, an Ohio corporation (“GAIC”; each of GALIC and GAIC, a “Lender” and, collectively, the “Lenders” and, together with the Borrowers, each a “Party” and collectively, the “Parties”).

March 19th, 2014
Attitude Drinks Inc.ALLONGE NO. 15 TO SECURED NOTE ISSUED FEBRUARY 22, 2012

This Allonge No. 15 to Secured Note (“Allonge”) is made as of this 15th day of November, 2013, by Attitude Drinks Inc., a Delaware corporation (“Borrower”) to Alpha Capital Anstalt (“Lender”). Reference is hereby made to that certain Secured Note issued by Borrower to Lender dated February 22, 2012 (“Note”). Except as amended hereby, the terms of the Note remain as originally stated.

July 15th, 2013
Attitude Drinks Inc.EXHIBIT (10)(113) ALLONGE NO. 10 TO SECURED NOTE ISSUED FEBRUARY 22, 2012

This Allonge No. 10 to Secured Note (“Allonge”) is made as of this 21th day of June, 2013, by Attitude Drinks Inc., a Delaware corporation (“Borrower”) to Alpha Capital Anstalt (“Lender”). Reference is hereby made to that certain Secured Note issued by Borrower to Lender dated February 22, 2012 (“Note”). Except as amended hereby, the terms of the Note remain as originally stated.

August 1st, 2011
Gryphon Gold CorpNOTE INDENTURE made as of July 27, 2011 Between GRYPHON GOLD CORPORATION as issuer and COMPUTERSHARE TRUST COMPANY OF CANADA as trustee Relating to the issuance of 10% Subordinate Secured Notes Due July 28, 2012

Page SECTION 5 REDEMPTION AND PURCHASE OF SUBORDINATE SECURED NOTES 25 5.1 General 25 5.2 Redemption on Change of Control 25 5.3 Purchase of Subordinate Secured Notes 26 5.4 Cancellation of Subordinate Secured Notes 26 SECTION 6 QUALIFYING CHANGE OF CONTROL PURCHASES 26 6.1 Qualifying Change of Control Purchase 26 6.2 Qualifying Change of Control Notice 26 6.3 Purchase Notice 27 6.4 Procedures for Exercising Qualifying Change of Control Purchase 28 6.5 Consummation of Purchase 28 6.6 Withdrawal of Purchase Notice 28 6.7 Notification by Trustee 29 6.8 Deposit of Qualifying Change of Control Purchase Price 29 6.9 Subordinate Secured Notes Purchased 29 6.10 Covenant to Comply with Securities Laws 29 SECTION 7 WITHHOLDING TAXES 30 SECTION 8 COVENANTS OF THE CORPORATION 30 8.1 Positive Covenants in respect of the Corporation and Borealis Mining Company 30 8.2 Restrictive Covenants in respect of the Corporation and Borealis Mining Company 31 8.3 Maintenance of Offices or Agencies 33 8.4 Mone

April 15th, 2013
Organic Plant Health Inc.ADDENDUM TO SERIES 2011 SECURED NOTE DUE JANUARY 1, 2013

This addendum, dated April 16, 2012 (the "Addendum") is made by and between ORGANIC PLANT HEALTH INC., a Nevada corporation with offices at 9206 Monroe Road, Charlotte, NC 28270 (the “Maker”), and Greentree Financial Group Inc., a Florida corporation, with offices at 7951 SW 6th Street, Suite 216, Plantation, FL 33324 (the "Holder"). This document is to be read in conjunction with the Series 2011 Secured Note due January 1, 2013 (the “Note”) executed by both parties on or about January 1, 2011. This Addendum incorporates by reference and supplements the Note and the parties hereby agree to amend the Note as follows: