Existing Convertible Note Indenture definition

Existing Convertible Note Indenture means the Indenture dated as of February 21, 2014 between the Company and the Convertible Note Trustee pursuant to which the Convertible Notes were issued.
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Existing Convertible Note Indenture means the Indenture, dated as of May 31, 1996, as amended, among the Borrower, the Existing Convertible Note Guarantors (as defined therein), Apropos Investments Ltd, Clayxxx X. Xxxxx xxx The Bank of New York, as trustee thereunder, relating to the Existing Convertible Notes, as amended and supplemented from time to time.
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Existing Convertible Note Indenture means that certain Indenture dated as of November 1, 2004, between the Borrower and JPMorgan, as the same may be modified, amended, renewed, supplemented, extended, restated, increased or replaced from time to time to the extent permitted hereunder and under the Existing Convertible Note Indenture.
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Examples of Existing Convertible Note Indenture in a sentence

  • The Loans and other Obligations hereunder are “Bank Indebtedness,” “Senior Indebtedness” and “Designated Senior Indebtedness” under both the Existing Subordinate Note Indenture and the Existing Convertible Note Indenture, and this Agreement is a “Senior Secured Credit Agreement” under the Existing Subordinate Note Indenture and one of the “Combined Credit Agreements” under the Existing Convertible Note Indenture.

  • The Loans and other Obligations hereunder are “Senior Indebtedness” and “Designated Senior Indebtedness” under both the Existing Subordinate Note Indenture and the Existing Convertible Note Indenture.

  • The Company shall have good and marketable title to the Technocom Shares, free and clear of all Liens other than (i) with respect to the Pledged Shares, the Lien of the Pledge Agreement, and (ii) with respect to the Technocom Shares other than the Pledged Shares, the Liens of the Existing Senior Note Indenture and the Existing Senior Note Collateral Documents and the Existing Convertible Note Indenture and the Existing Convertible Note Collateral Documents.

  • You and your special counsel shall each have received a complete and correct copy of the Existing Senior Note Indenture and the Existing Convertible Note Indenture and all respective amendments thereto.

  • The Company has delivered to you and your special counsel true and correct copies of the Existing Senior Note Indenture and the Existing Convertible Note Indenture and all amendments to each thereof, respectively.

  • There exist no events of default and no material defaults under the Existing Senior Note Indenture or the Existing Convertible Note Indenture nor any basis under the Existing Senior Note Indenture or the Existing Convertible Note Indenture for the exercise by any holders of the Existing Senior Notes or the Existing Convertible Notes of any rights of acceleration, cancellation or rescission.


More Definitions of Existing Convertible Note Indenture

Existing Convertible Note Indenture means that certain Indenture dated as of November 1, 2004, between the Parent and The Bank of New York Mellon Trust Company, N.A., as trustee, and any successor trustee, as the same may be modified, amended, renewed, supplemented, extended, restated, increased or replaced from time to time to the extent permitted under the Combined Credit Agreements and under such Existing Convertible Note Indenture.
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Existing Convertible Note Indenture means shall mean that certain Indenture, dated as of June 24, 1996, between the Parent and Bankers Trust Company (as trustee), as in effect on the Effective Date and as thereafter amended from time to time in accordance with the requirements thereof and of this Agreement.
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Existing Convertible Note Indenture means the Indenture, dated the date hereof, among the Company, the Existing Convertible Note Guarantors and The Bank of New York, as trustee thereunder, relating to the Existing Convertible Notes, as amended and supplemented from time to time.
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Existing Convertible Note Indenture. “Existing Subordinate Note Indenture,” “Guarantor,” “Guaranty,” “Loan Documents,” “Loan Parties,” “Material Adverse Effect,” “Material Subsidiary,” “Permitted Senior Notes Debt,” “Permitted Senior Notes Documents,” “Required Reserve Value” and “U.S. Required Reserve Value” contained in Section 1.1 of the U.S. Credit Agreement shall be amended in their entirety to read as follows:
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Existing Convertible Note Indenture. “Existing Subordinate Note Indenture,” “Guarantor,” “Guaranty,” “Loan Documents,” “Loan Parties,” “Material Adverse Effect,” “Material Subsidiary,” “Permitted Senior Notes Debt,” “Permitted Senior Notes Documents” and “Required Reserve Value” contained in Section 1.1 of the Canadian Credit Agreement shall be amended in their entirety to read as follows:
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Related to Existing Convertible Note Indenture

  • Convertible Note Indenture means the Indenture dated as of February 21, 2014 between Emergent and the Convertible Note Trustee pursuant to which the Convertible Notes were issued.

  • Existing Convertible Notes means any convertible notes or other convertible debt securities of the Company outstanding on the date of this Agreement.

  • Senior Note Indenture the Indenture entered into by Holdings, the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Notes, together with all instruments and other agreements entered into by Holdings, the Borrower or such Subsidiaries in connection therewith.

  • Senior Note Indentures means, collectively, the Senior Note (2020) Indenture, the Senior Note (2021) Indenture, the Senior Note (2022) Indenture and the Senior Note (2023) Indenture.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Convertible Note Documents means (a) the 2024 Convertible Note Documents, and (b) the Future Convertible Notes and each other promissory note, note purchase agreement, indenture and other material documents evidencing or relating thereto.

  • New Convertible Notes means the Company’s 5.0% Senior Unsecured Convertible Notes due 2023.

  • Permitted Convertible Notes means any unsecured notes issued by the Company in accordance with the terms and conditions of Section 6.01 that are convertible into a fixed number (subject to customary anti-dilution adjustments, “make-whole” increases and other customary changes thereto) of shares of common stock of the Company (or other securities or property following a merger event or other change of the common stock of the Company), cash or any combination thereof (with the amount of such cash or such combination determined by reference to the market price of such common stock or such other securities); provided that, the Indebtedness thereunder must satisfy each of the following conditions: (i) both immediately prior to and after giving effect (including pro forma effect) thereto, no Default or Event of Default shall exist or result therefrom, (ii) such Indebtedness matures after, and does not require any scheduled amortization or other scheduled or otherwise required payments of principal prior to, and does not permit any Loan Party to elect optional redemption or optional acceleration that would be settled on a date prior to, the date that is six (6) months after the Maturity Date (it being understood that neither (x) any provision requiring an offer to purchase such Indebtedness as a result of change of control or other fundamental change (which change of control or other fundamental change, for the avoidance of doubt, constitutes a “Change of Control” hereunder), which purchase is settled on a date no earlier than the date twenty (20) Business Days following the occurrence of such change of control or other fundamental change nor (y) any early conversion of any Permitted Convertible Notes in accordance with the terms thereof, in either case, shall violate the foregoing restriction), (iii) such Indebtedness is not guaranteed by any Subsidiary of the Company other than the Subsidiary Borrowers or Subsidiary Guarantors (which guarantees, if such Indebtedness is subordinated, shall be expressly subordinated to the Secured Obligations on terms not less favorable to the Lenders than the subordination terms of such Subordinated Indebtedness), (iv) any cross-default or cross-acceleration event of default (each howsoever defined) provision contained therein that relates to indebtedness or other payment obligations of any Loan Party (such indebtedness or other payment obligations, a “Cross-Default Reference Obligation”) contains a cure period of at least thirty (30) calendar days (after written notice to the issuer of such Indebtedness by the trustee or to such issuer and such trustee by holders of at least 25% in aggregate principal amount of such Indebtedness then outstanding) before a default, event of default, acceleration or other event or condition under such Cross-Default Reference Obligation results in an event of default under such cross-default or cross-acceleration provision and (v) the terms, conditions and covenants of such Indebtedness must be customary for convertible Indebtedness of such type (as determined by the board of directors of the Company, or a committee thereof, in good faith).

  • Convertible Notes has the meaning set forth in the Recitals.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • Convertible Notes Indenture means the Indenture dated as of May 31, 2001, as amended by the First Supplemental Indenture dated as of February 20, 2002, among Xxxxxx Xxxxxxx Ltd., Xxxxxx Xxxxxxx LLC, as guarantor, and BNY Midwest Trust Company, as trustee.

  • Senior Subordinated Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Subordinated Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.9.

  • Note Indenture means the Note Indenture dated as of May 17, 2001, between the Note Issuer and the Note Trustee, as the same may be amended and supplemented from time to time.

  • Company Convertible Notes means the convertible notes issued by the Company pursuant to the convertible note purchase agreement by and among the Company, PA Grand Opportunity Limited and other investors named therein dated June 6, 2016, as amended on June 13, 2016.

  • Subordinated Note Documents means the Subordinated Notes, the Subordinated Note Purchase Agreement, the “Fee Letter” under and as defined in the Subordinated Note Purchase Agreement and any other Note Document (as defined in the Subordinated Note Purchase Agreement).

  • Existing Notes Indentures means, collectively, the Existing Senior Notes Indentures and the Existing Senior Guaranteed Notes Indentures.

  • Senior Secured Note Documents means the Senior Secured Note Indenture, the Senior Secured Note Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any security document relating to the Senior Secured Notes and/or the Senior Secured Note Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Existing Notes Indenture shall have the meaning set forth in the recitals hereto.

  • Bridge Notes means the series of notes, of which this Note is a part, dated on or about the date hereof, each of which are identical, other than the date of the Note, identity of the Holder and principal amount of this Note.

  • Senior Note Documents means the Senior Notes, the Senior Note Agreement, the Senior Note Guarantees and all other documents executed and delivered with respect to the Senior Notes or the Senior Note Agreement.

  • Convertible Subordinated Notes means the Company's 7% Convertible Subordinated Notes issued pursuant to an indenture dated as of June 12, 1996, between the Company and The Chase Manhattan Bank (formerly known as Chemical Bank), as trustee.

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Senior Subordinated Note Documents means the Senior Subordinated Notes, the Senior Subordinated Note Agreement, the Senior Subordinated Note Guarantees and all other documents executed and delivered with respect to the Senior Subordinated Notes or the Senior Subordinated Note Agreement.

  • Senior Subordinated Notes Indenture means the Indenture, dated as of July 17, 2012, under which the Senior Subordinated Notes were issued, among the Borrower and the Restricted Subsidiaries party thereto and the trustee named therein from time to time, as in effect on the Closing Date and as amended, restated, supplemented or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • Existing Senior Secured Notes means the Borrower’s $800,000,000 8.500% Senior Secured Notes due 2019, issued pursuant to the Existing Senior Secured Notes Indenture.

  • Convertible Note means an instrument issued by a startup company evidencing receipt of money initially as debt, which is repayable at the option of the holder, or which is convertible into such number of equity shares of such startup company, within a period not exceeding five years from the date of issue of the convertible note, upon occurrence of specified events as per the other terms and conditions agreed to and indicated in the instrument;