Equity Notes definition

Equity Notes. The Subordinated Notes and the Class D Notes; provided, however, that the Class D Notes shall cease to be considered Equity Notes if Issuer has received advice of Cadwalader, ▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇ LLP or Freshfields Bruckhaus ▇▇▇▇▇▇▇▇ US LLP, or an opinion of any other nationally recognized tax counsel experienced in such matters, to the effect that the Class D Notes will be treated as indebtedness for U.S. federal income tax purposes.

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Equity Notes means the Mandatory Conversion Equity Notes due 1999 of the Company issued concurrently with the Securities.

Equity Notes in the Australian Pledge Agreement. “Australian Pledge Agreement” means the document entitled “Specific Security Deed (Equity Notes)” dated on or around the date of this Agreement between Kudu and the Administrative Agent. “Australian PPSA” means the Personal Property Securities Act 2009 (Cth). “Australian PPSR” means the “Personal Property Securities Register” established under section 147 of the Australian PPSA. “Availability Period” means the period commencing on the Closing Date and ending on the earlier of (i) March 23, 2024 or if an Availability Period Extension occurs pursuant to Section 2.17, the Availability Period Extension Date, and (ii) the date the Commitments are terminated in accordance with this Agreement, whether as a result of an Event of Default or otherwise, and subject to the suspension thereof upon the occurrence of an Event of Default or a Market Trigger Event. “Availability Period Extension” has the meaning given to such term in Section 2.17. “Availability Period Extension Date” has the meaning given to such term in Section 2.17. “Available Collections” means all cash Collections and other cash proceeds with respect to any Portfolio Asset deposited in any Collection Account and all other amounts on deposit in any Collection Account from time to time, but excluding Excluded Amounts. “Available Tenor” means, as of any date of determination and with respect to the then-current Benchmark, as applicable, if such Benchmark is a term rate, any tenor for such Benchmark (or component thereof) that is or may be used for determining the length of an interest period pursuant to this Agreement as of such date and not including, for the avoidance of doubt, any tenor for such Benchmark that is then-removed from the definition of “Interest Period” pursuant to Section 2.06(c)(iv). “Bail‐In Action” means the exercise of any Write‐Down and Conversion Powers by the applicable EEA Resolution Authority in respect of any liability of an EEA Financial Institution. USActive 58800445.158806140.10 -4- SK 28388 0001 10656366 v3

Examples of Equity Notes in a sentence

• The percentage of the principal and accrued interest under the Equity Notes equal to the percentage of the Equity held by the Management Investor and sold in any Sales Event (as hereinafter defined) shall become due and payable upon the consummation of such Sale Event.

• The Equity Notes shall be secured by a pledge of the Equity pursuant to the Pledge Agreement in the form attached hereto as EXHIBIT C.

• The entire principal amount and accrued interest under the Equity Notes shall become due and payable on December 31, 2025.

• A Person is deemed to be a holder of record of Transfer Restricted Securities (each, a "Holder") whenever such Person owns Transfer Restricted Securities or is entitled to receive Transfer Restricted Securities upon conversion of the Equity Notes.

• On the Effective Date, each holder of an Allowed Notes Claim shall receive its Pro Rata share of the New Equity Notes Claim Allocation with other holders of Allowed Notes Claims in full satisfaction of its Allowed Notes Claim against all Debtors and their affiliates.

• Re: Mandatory Conversion Equity Notes due 1999 (the "Notes") of Trans World Airlines, Inc.

• It agrees and acknowledges that the failure to provide such form may result in withholding from payments in respect of its Potential Equity Notes, including U.S. federal withholding or backup withholding, and that any purported transfers made in violation of the foregoing requirements shall be void ab initio.

• Disputed Claims Reserve On the Plan Effective Date, the Debtors may establish one or more reserves for alleged General Unsecured Claims that have not yet been allowed, in an estimated amount or amounts determined by the applicable Debtors, consisting of Unsecured Pool Equity, Notes Rights, Equity Rights, and/or Liquidation Recovery in the same proportions and amounts as provided for in the Plan.

• It agrees that the Issuer or the Trustee may provide such information and any other information concerning its investment in such Potential Equity Notes to the IRS.

• Each Holder and beneficial owner agrees and acknowledges that the failure to provide such form may result in withholding from payments in respect of the Potential Equity Notes or the Subordinated Notes (as applicable), including U.S. federal withholding or backup withholding, and that any purported transfers made in violation of the foregoing requirements shall be void ab initio.

More Definitions of Equity Notes

Equity Notes as defined in Section 2.2 of the Loan Agreement. ------------ -----------

Equity Notes means the three non-recourse promissory notes due 2007 in $77,817,513 aggregate principal amount held or to be held by the settlement trust on behalf of the PBGC and redeemable, subject to certain conditions, for 2,658,470 shares of common stock of TWA in 1995.

Equity Notes means the four Amended and Restated Promissory Notes executed by K▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Company, a California corporation (n.k.a. Homes, Inc.), copies of which are attached as Exhibits “B,” “C,” “D” and “E” to the verified complaint in this Action.

Equity Notes means the notes (constituting a portion of up to $300,000 of the new common equity of Holdco issued at the time of the AFB Acquisition) from former employees of the Cytec Parties.

Equity Notes means the three non-recourse promissory notes due 2007 in $77,817,513 aggregate principal amount held or to be held by the Settlement Trust on behalf of the PBGC and redeemable, subject to certain conditions, for approximately 2,658,470 shares, more or less, of Common Stock in 1995.