Collateralized Note definition
Examples of Collateralized Note in a sentence
Without limiting the generality of the foregoing clause (iii), but subject to any restrictions on transfer of the Senior Notes contained in the Collateralized Note Indenture, each Secured Party may assign or otherwise transfer any Senior Note held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party herein or otherwise.
Pursuant to Section 307(d) of the Collateralized Note Indenture, Huntway has established and will maintain with Bankers a CDSA Account which is described on Schedule I attached hereto (the "CDSA Account").
After the Company has paid in full the principal of and all accrued interest (including Secondary Securities, as defined in the Collateralized Note Indenture, issued with respect thereto) on the Senior Securities, the Securities may be redeemed at the election of the Company as a whole or from time to time in part, subject to the conditions and at the Redemption Prices specified in the form of Security, together in each case with accrued interest to the Redemption Date.
The Company shall not pay any principal payments with respect to the Securities until the accrued interest (including Secondary Securities as defined in the Collateralized Note Indenture) on and the principal amount of the Senior Securities has been paid in full and the Convertible Notes have been converted pursuant to the Senior Subordinated Indenture or the principal amount of and all accrued interest on the Convertible Notes has been paid in full.
Upon any default of the Trustor hereunder, the Beneficiary shall be entitled to exercise with respect to all such collateral all of the rights and remedies set forth herein, in the Collateralized Note Indenture or otherwise afforded to a secured party in default under the terms of Article 9 of the California Uniform Commercial Code, any or all of which may be pursued and exercised concurrently, consecutively, alternatively or otherwise.
After the Company has paid in full the principal of and all accrued interest (including Secondary Securities, as defined in the Collateralized Note Indenture issued with respect thereto) on the Senior Securities, the Company and its Subsidiaries will not, directly or indirectly, declare, order, pay, make or set apart any sum for any Restricted Junior Payment prior to the payment in full of the principal of and interest on the Securities.
Pledgor further agrees that it will not permit any amendment or alteration to Huntway's limited partnership agreement that would result in a breach or violation of the Collateralized Note Indenture, without the express prior written consent of Collateral Agent.
This Indenture amends, restates and supersedes in its entirety the Collateralized Note Indenture dated as of June 22, 1993, as amended, between the Company and the Trustee (then known as Shawmut Bank, N.A.).
Guarantor is the Huntway Managing General Partner and will remain the Huntway Managing General Partner unless and until the Secured Parties consent to an alteration of Guarantor's status as the Huntway Managing General Partner in accordance with the terms of the Collateralized Note Indenture.
The Securities issued hereunder represent a continuation of certain indebtedness outstanding under such Collateralized Note Indenture.