Draw Note definition
Examples of Draw Note in a sentence
Once drawn, no Delayed Draw Note Commitment may be redrawn, whether or not the Delayed Draw Notes related thereto have been repaid or prepaid.
All of the Note Parties’ obligations under this Article III shall survive any transfer of the Notes, the termination of the Delayed Draw Note Commitments, the repayment, satisfaction or discharge of the Obligations hereunder and the resignation or replacement of the Collateral Agent.
The Indebtedness represented by the Notes and the other Obligations under the applicable Note Documents of each Note Party is intended to constitute senior secured Indebtedness, and accordingly is, and shall be, at all times while the Notes and the other Obligations remain outstanding or the Purchasers have any outstanding Delayed Draw Note Commitments hereunder, pari passu or senior in right of payment with all Indebtedness (if any) of such Note Party.
Subject to compliance with the other provisions of this Section 12.06, any transfer of Notes or Delayed Draw Note Commitments shall be effective upon the execution and delivery, by the transferor and the transferee (to the extent required by Section 12.06(b), with the consent of the Issuers and the Required Purchasers), pursuant to an Assignment and Assumption.
The Delayed Draw Note Closing Date shall not occur after August 14, 2019.
The Purchasers shall have received a valid Notice of Issuance meeting the requirements of Section 2.06 with respect to the issuance to be effected on the Delayed Draw Note Closing Date.
Upon the expiration of the Availability Period, the Delayed Draw Note Commitments shall automatically, without action by any Issuer or any Purchaser, be reduced to zero.
No assignment shall be effective for purposes of this Agreement unless it has been recorded in the Delayed Draw Note Register as provided in this paragraph.
The agreements in this Section and the indemnity provisions of Section 12.02(d) shall survive the resignation of the Collateral Agent, the transfer of any Note, the replacement of any Purchaser, the termination of the Delayed Draw Note Commitments and the repayment, satisfaction or discharge of all the other Obligations.
The Issuer hereby appoints the Indenture Trustee as its agent for purposes of keeping a register (the “Delayed Draw Note Register”) at the office of the Indenture Trustee in which the Indenture Trustee shall maintain records of each Holder’s Commitment applicable to each Class A-2A Note, the aggregate principal amount of Draws from time to time outstanding in respect of each Class A-2A Note and a copy of each Assignment and Acceptance delivered to the Indenture Trustee pursuant to Section 7.03(b).