Backstop Notes definition

Backstop Notes has the meaning set forth in the recitals.

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Backstop Notes means the senior unsecured convertible notes in an aggregate principal amount of $120.0 million issued to a lender and its affiliates by a subsidiary of the Company and guaranteed by the Company;

Backstop Notes means the 8.00% senior secured notes issued by the Issuer on the Backstop Issue Date, if any.

Examples of Backstop Notes in a sentence

• As consideration for their commitment to subscribe for such Backstop Notes, the Investors shall be entitled to receive the payments as set forth in, and in accordance with the terms of, the Backstop Commitment Agreement.

• The Company shall endeavor to register such Rollover Notes and/or Backstop Notes, as applicable, in substantially the same manner as, and the Company and the Securities Holder shall be subject to the same terms, conditions and agreements herein provided for, a Demand Registration of Shares, with such appropriate changes to reflect the nature of the security registered, as the parties hereto shall agree, each acting reasonably.

• The issuance of Backstop Notes to the Investors pursuant to the Backstop Commitment Agreement is intended to be exempt from Securities Act registration under Section 4(2) of the Securities Act and exempt from any prospectus requirement under Canadian securities laws.

• A director, officer, employee or incorporator, as such, of the Issuer or the Guarantors, or a member or shareholder, as such, of the Issuer shall not have any liability for any obligations of the Issuer or the Guarantors under this Backstop Note, the other Backstop Notes, any Note Guarantee thereof or the Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation.

• The Issuer shall not give any such notice of redemption earlier than 60 days prior to the earliest date on which the Issuer or the relevant Guarantor would be obligated to make such payment or Additional Amounts if a payment in respect of the Backstop Notes or any Note Guarantee thereof were then due and at the time such notice is given, the obligation to pay Additional Amounts must remain in effect.

More Definitions of Backstop Notes

Backstop Notes means any Notes issued by the Issuers upon consummation of the Exchange Offer as contemplated by, and in accordance with, the Backstop Commitment Letter, to the Holders party thereto.

Backstop Notes means the 18.00% Senior Secured Notes issued by Loan SPV, as in effect on the Closing Date and with such modifications as the holders thereof and Loan SPV may agree, which modifications are immaterial or which reflect corresponding modifications to the Loans in accordance with the terms hereof.

Backstop Notes means the senior unsecured convertible notes in an aggregate principal amount of up to

Backstop Notes means the Unsubscribed Notes in an aggregate principal amount of up to $160,000,000 that will be issued and sold by Exide in the Rights Offering to the Backstop Parties in accordance with their respective Aggregate Commitment Amounts pursuant to this Commitment Agreement.

Backstop Notes means the senior unsecured convertible notes in an aggregate principal amount of up to $120,000,000 to be issued by KORE pursuant to the Backstop Financing.

Backstop Notes means the Company’s senior unsecured exchangeable notes due 2028 issued and outstanding as of the date of this Agreement.

Backstop Notes has the meaning given to such term in Section 1.2(d) hereof.