Exchange Offer Notes definition

Exchange Offer Notes means the notes issued by the Issuers in the Exchange Offer pursuant to an indenture, dated the Issue Date, between the Issuers, the Guarantors and U.S. Bank National Association, as trustee and collateral agent thereunder.] [“New Notes” means the notes issued by the Issuers pursuant to an indenture, dated the Issuer Date, between the Issuers, the Guarantors and U.S. Bank National Association, as trustee and collateral agent thereunder in connection with that certain Purchase Agreement, dated as of [ ], between the Issuers, the Guarantors and the other parties thereto.]

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Exchange Offer Notes means the 9 3/4% Senior Notes due 2002 and the Series B 9 3/4% Senior Notes due 2002 of the Company.

Exchange Offer Notes means the new notes to be issued by the Issuers in connection with the Exchange Offer under an indenture substantially similar to the Indenture (the “Exchange Notes Indenture”) and having terms substantially identical to the Notes, to be dated the Closing Date, among the Issuers, the Guarantors and the Trustee and Collateral Agent.

Examples of Exchange Offer Notes in a sentence

The Exchange Offer shall be on the appropriate form permitting (I) registration of the Exchange Notes to be offered in exchange for the Transfer Restricted Securities and (II) resales of Exchange Notes by Broker-Dealers that tendered into the Exchange Offer Notes that such Broker-Dealers acquired for their own account as a result of market-making activities or other trading activities (other than Notes acquired directly from the Company or any its Affiliates) as contemplated by Section 3(c) below.
It is not necessary in connection with the offer, issuance and delivery of the Notes to the Note Purchasers or the Exchange Offer Notes pursuant to the Exchange Offer to register the Notes or the Exchange Offer Notes under the Securities Act or to qualify the Indenture or the Exchange Offer Indenture under the Trust Indenture Act of 1939, as amended.
The Exchange Offer shall be on the appropriate form permitting (I) registration of the Exchange Notes to be offered in exchange for the Transfer Restricted Securities and (II) resales of Exchange Notes by Broker-Dealers that tendered into the Exchange Offer Notes that such Broker-Dealers acquired for their own account as a result of market-making activities or other trading activities (other than Notes acquired directly from the Company or any of its Affiliates) as contemplated by Section 3(c) below.
The Exchange Offer shall be on the appropriate form permitting (I) registration of the Exchange Notes to be offered in exchange for the Transfer Restricted Securities and (II) resales of Exchange Notes by Broker-Dealers that tendered into the Exchange Offer Notes that such Broker-Dealers acquired for their own account as a result of market-making activities or other trading activities (other than Notes acquired directly from any Issuer or any of their Affiliates) as contemplated by Section 3(c) below.

More Definitions of Exchange Offer Notes

Exchange Offer Notes means any indebtedness for borrowed money incurred by the Borrower from any Person for the sole purpose of consummating a Permitted Exchange Offer; provided that (i) the initial accreted value of all such outstanding Indebtedness shall not exceed $20,000,000 and the aggregate principal amount of all such outstanding Indebtedness (immediately after giving effect to any such incurrence and after giving effect to the capitalization of any interest payments that will accrue from the issuance thereof until such date upon which any interest payments are required to be paid by the Borrower in cash to the holder of said Exchange Offer Notes in accordance with the terms thereof), when aggregated with the sum of all Exchange Offer Capital Contributions made to the Borrower at the time, shall not exceed $27,700,000, (ii) such Indebtedness shall not have a maturity date that is earlier than December 31, 2008, (iii) such Indebtedness shall (A) constitute the unsecured obligations of the Borrower and (B) bear interest at a stated annual rate of no more than 14% payable semi-annually, with any payments on account of such Indebtedness (including interest and principal payments) commencing solely on or after October 15, 2005, (iv) other than as specifically set forth in sub-clause (ii) above, such Indebtedness shall have terms substantially similar to the terms of the Senior Unsecured Notes, (v) the cash proceeds received by the Borrower in connection with any incurrence of Indebtedness on account of any Exchange Offer Notes shall be at least equal to the initial accreted value of such Exchange Offer Notes and (vi) such Indebtedness shall have been issued in accordance with the terms of the relevant Exchange Offer Notes Documents.

Exchange Offer Notes means any series of ResCap’s senior and senior subordinated notes which were the subject of, or issued pursuant to, the exchange offer contemplated by the Exchange Offer OM.