Additional 2014 Notes definition
Examples of Additional 2014 Notes in a sentence
Additional 2014 Notes issued in this manner shall be consolidated with and shall form a single series with the previously outstanding 2014 Notes.
Any proceeds of the 2014 Notes applied on the Closing Date in order to consummate the Refinancing Transaction and any proceeds of the Senior Unsecured Debt, the Additional 2014 Notes, the Senior Secured Notes, the 2020 Notes and the Additional 2020 Notes applied on the date of issuance thereof to transaction costs related thereto shall not be deemed to be Project Costs with respect to the Phase II Project.
Any Additional 2014 Notes and the Initial 2014 Notes, and any Additional 2019 Notes and the Initial 2019 Notes, as the case may be, shall each constitute a single series under the Indenture and all references to the 2014 Notes shall include the Initial 2014 Notes and any Additional 2014 Notes and all references to the 2019 Notes shall include the Initial 2019 Notes and any Additional 2019 Notes, unless the context otherwise requires.
The Guarantor hereby agrees that the Additional 2014 Notes shall have the benefit of the 2014 Guaranty and that the Additional 2017 Notes shall have the benefit of the 2017 Guaranty.
When paid for and issued in accordance with the terms hereof, the Additional 2014 Notes shall be validly issued and outstanding, free and clear of all liens, encumbrances and rights of refusal of any kind.
The Company has all requisite legal and corporate power to enter into, execute and deliver the Transaction Documents this Agreement, and, upon issuance, the Additional 2014 Notes and Warrants will be, valid and binding obligations of the Company, enforceable in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency, moratorium, and other laws of general application affecting the enforcement of creditors’ rights.
The Company currently anticipates an equity or equity based financing or a series of equity financings following the date of this Agreement resulting in gross proceeds to the Company totaling at least $5,000,000 (inclusive of the Additional 2014 Notes, the 2014 Notes (as defined in the Additional 2014 Note) and the 2013 Notes (as defined in the Additional 2014 Note)) (a “Qualified Financing”).
Any proceeds of the 2014 Notes applied on the Closing Date in order to consummate the Refinancing Transaction and any proceeds of the Senior Unsecured Debt, the Additional 2014 Notes, the Senior Secured Notes, the 2020 Notes, the Additional 2020 Notes or the Additional First Lien Mortgage Notes applied on the date of issuance thereof to transaction costs related thereto shall not be deemed to be Project Costs with respect to the Phase II Project.
After the Initial Closing, the Company may conduct any number of additional closings (each, an “Additional Closing”) until $1,000,000 principal amount of Additional 2014 Notes have been issued and sold to the Lenders.
The aggregate principal amount of each of the Additional 2014 Notes, Additional 2016 Notes and Additional 2021 Notes shall be unlimited.