Examples of Existing Holdings Notes in a sentence
Other than as set forth on Schedule 3.12, all Senior Notes, Affinion Investments Notes and Existing Holdings Notes shall have been exchanged pursuant to the 2017 Exchange.
The parties to this Agreement agree to treat the exchange of the Existing Holdings Notes for the Notes and the Financing Payment as a recapitalization within the meaning of Section 368(a)(1)(E) of the Code with the Financing Payment being subject to tax pursuant to Section 356 of the Code.
All of the Existing DFG Notes, all indebtedness under the Existing Credit Agreement outstanding immediately prior to the date hereof and, to the extent the net proceeds of the DFG Senior Notes exceed $200,000,000, the Accreted Value of the Existing Holdings Notes outstanding immediately prior to the date hereof, in the amount of such excess shall have been redeemed out of the proceeds of the issuance of DFG Senior Notes and borrowings under the Credit Agreement.
The Purchasers hereby waive the requirements of (x) Sections 12.03 and 12.04 of the Existing Holdings Purchase Agreement and (y) those provisions of the Existing Holdings Purchase Agreement that would prevent the Company from redeeming the Existing Holdings Notes prior to December 18, 2003, in each case, to the extent such provisions may be applicable to the redemption of a portion of the Accreted Value of the Existing Holdings Notes described in Section 3.6.
Each Purchaser shall, in exchange for the surrender by such Purchaser of the portion of the Accreted Value of the Existing Holdings Notes set forth opposite such Purchaser’s name on Schedule A, receive the aggregate principal amount of the Notes and the Financing Payment set forth opposite such Purchaser’s name on Schedule A.