Exchanged Notes definition

Exchanged Notes means those certain senior secured notes issued by the Parent Guarantor pursuant to the Securities Purchase Agreement on the Original Issuance Date that were exchanged for the Notes by the holders thereof on the Issuance Date.

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Exchanged Notes has the meaning assigned thereto in the definition of “Permitted Notes Exchange”.

Exchanged Notes means Notes with terms and conditions identical to the terms and conditions of the Notes represented by the permanent Global Note representing the original Notes save that:

Examples of Exchanged Notes in a sentence

• At the Closing, (A) each Holder shall deliver or cause to be delivered its Exchanged Notes to the Trustee via the Deposit or Withdrawal at Custodian (“DWAC”) settlement system of the Depository Trust Company (“DTC”) for the benefit of the Company and (B) the Company shall deliver or cause to be delivered to each Holder the applicable Exchange Shares to such Holder’s DTC participant as instructed by such Holder through the facilities of DTC.

• Upon such Holder’s delivery of its Exchanged Notes to the Company pursuant to the Transactions, such Exchanged Notes shall be free and clear of all Liens created by the Holder or any other person acting for the Holder.

• The cancellation of such Exchanged Notes and delivery of such Consideration shall be effected by the electronic exchange of documents at the Closing.

• To such Holder’s reasonable knowledge, and without inquiry, a period of at least one year (calculated in the manner provided in Rule 144(d) under the Securities Act) has lapsed since the Exchanged Notes set forth opposite its name on Exhibit A hereto were acquired from the Company or from a person known by the Holder to be an Affiliate of the Company.

• Such Holder further acknowledges and agrees that (x) such ▇▇▇▇▇▇’s Exchange Shares will be acquired from the Company solely in exchange for such Holder’s Exchanged Notes, including any accrued and unpaid interest thereon; and (y) such Holder’s participation in the Transactions was not conditioned by the Company on such Holder’s exchange of a minimum principal amount of Notes.

More Definitions of Exchanged Notes

Exchanged Notes has the meaning given to such term in Section 12.2.

Exchanged Notes means Notes with terms and conditions identical to the terms and conditions of the Notes represented by the permanent Global Note representing the original Notes for which such Notes may be exchanged save that payments shall be made in accordance with the provisions of this paragraph 2.

Exchanged Notes. “Holder New Notes,” “Holder Cash Payment” and “Holder New Shares Value” as used herein with respect to each Holder mean the amounts specified on Exhibit A for such Holder. The transactions contemplated by this Agreement, including the issuance, delivery and acceptance of the Holder New Notes, the Holder Cash Payment and the Holder New Shares and the exchange and sale of the Exchanged Notes are collectively referred to herein as the “Transactions.”

Exchanged Notes has the meaning set forth in the Recitals.

Exchanged Notes means, collectively, the (i) 8.5% Exchanged Notes; (ii) 6.4% Exchanged Notes; (iii) 8.75% Exchanged Notes; (iv) 6.8% Exchanged Notes; (v) 9.0% Exchanged Notes; and (vi) 10.75% Exchanged Notes.

Exchanged Notes shall have the meaning ascribed to such term in the recitals.

Exchanged Notes means, with respect to each Participating Lender, the Note set forth opposite its name on Schedule 1 hereto or, in each case, portion thereof being exchanged hereunder.