E Notes definition
Examples of E Notes in a sentence
Such written notice shall include a certification therein that the beneficial owners delivering such written notice are holders that hold beneficial interests in the E Notes subject to conversion.
Notwithstanding Section 316(a)(1) of the Trust Indenture Act (which, for the avoidance of doubt, shall not apply to this Indenture unless and until this Indenture is qualified under the Trust Indenture Act) or anything herein to the contrary, to the fullest extent permitted by law, no E Notes shall be deemed to be owned by the Company or any of its Subsidiaries or Affiliates for purposes of this Indenture, the Notes and any direction, waiver or consent with respect thereto.
Except as set forth in Section 13.03(b) and Section 13.07(a), in the case of any conversion of Notes other than E Notes, the Company shall pay or deliver, as the case may be, the consideration due in respect of the Conversion Obligation on the second Business Day immediately following the last Trading Day of the relevant Observation Period.
The Company shall promptly notify the Trustee and the Conversion Agent (if other than the Trustee) in writing of the Conversion Date for such E Notes.
Notwithstanding the foregoing or anything to the contrary, so long as any E Notes are outstanding, without the consent of the Holders of 100% of the aggregate principal amount of the E Notes, an amendment, supplement or waiver, including a waiver pursuant to Section 6.09, may not modify any provision contained in this Indenture specifically and uniquely applicable to the E Notes in a manner adverse to the Holders of, or the holders of a beneficial interest in, the E Notes.