Existing Indentures means (a) the Indenture with respect to the Target Company’s 1.5% Convertible Senior Notes due 2017, dated as of August 25, 2010, by and between the Target Company and The Bank of New York Mellon Trust Company, N.A. and (b) the Indenture with respect to the Target Company’s 0.5% Convertible Senior Notes due 2020, dated as of October 29, 2013, by and between the Target Company and The Bank of New York Mellon Trust Company, N.A. (each as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof).
Existing Indentures means (1) the Indenture dated as of April 20, 2009, among the Issuer, the guarantors named therein and The Bank of New York Mellon, as trustee, as amended and supplemented by the First Supplemental Indenture through the Fifteenth Supplemental Indenture, the resolutions dated as of April 20, 2009 authorizing the 8.910% Senior Notes due 2017 and the resolutions dated as of September 22, 2009 authorizing the 6.750% Senior Notes due 2019, and as may be further amended and supplemented, (2) the Indenture dated as of February 7, 2012, among the Issuer, the guarantors named therein and The Bank of New York Mellon, as trustee, as amended and supplemented by the First Supplemental Indenture through the Thirteenth Supplemental Indenture and the resolutions dated as of January 31, 2012 authorizing the 5.875% Senior Notes due 2022, the resolutions dated as of April 3, 2013 and May 8, 2013 authorizing the 4.375% Senior Notes due 2023, the resolutions dated as of November 21, 2013 authorizing the 4.000% Senior Notes due 2018, the resolutions dated as of November 21, 2013 authorizing the 5.625% Senior Notes due 2024, the resolutions dated as of October 30, 2015 authorizing the 4.875% Senior Notes due 2025 and as may be further amended and supplemented and (3) the Indenture dated as of September 11, 2012, among the Issuer, the guarantors named therein and The Bank of New York Mellon, as trustee, pursuant to which the 0.5% Exchangeable Senior Notes due 2032 were issued, as amended and supplemented by the First Supplemental Indenture through the Twelfth Supplemental Indenture, and as may be further amended and supplemented.
Existing Indentures means each of the indentures governing any series of the Existing Notes, as amended, restated, supplemented, waived, renewed or otherwise modified from time to time, and as replaced (whether or not upon termination, and whether with the original holders or otherwise), restructured, repaid, refunded, refinanced or otherwise modified from time to time.
Examples of Existing Indentures in a sentence
No consent with respect to the execution, delivery or performance of this Waiver is required under the Existing Indentures.
In addi- tion, the application shall state spe- cific reasons that justify departure from the normal exemption application procedures.
One or more Events of Default exist under the terms of the Existing Indentures at this time, including the failure of the Issuer to pay the semi-annual installment of interest due on the Existing Notes on April 16, 2007.
Investors should also note that EBITDA as presented herein may be calculated differently from Consolidated EBITDA as defined and used in the Existing Indentures.
The subordination provisions contained in the Existing Debentures, the Existing Indentures, any guaranty of the Borrower made by the Borrower in connection with any of the Existing Structured Securities are, in each case, enforceable against the Borrower and the holders of such Indebtedness.
More Definitions of Existing Indentures
Existing Indentures means collectively, (a) the Indenture, dated as of October 20, 1997, between BMCA and The Bank of New York (“BNY”), as trustee, pursuant to which the 2007 Notes were issued, (b) the Indenture, dated as of December 3, 1998, between BMCA and BNY, as trustee, pursuant to which the 2008 Notes were issued, and (c) the 2014 Notes Indenture, as each indenture described in the foregoing clauses (a) through (c) above has been amended, supplemented or otherwise modified from time to time as of the date hereof, and as each such indenture may be further amended, supplemented or otherwise modified from time to time as permitted under the Loan Documents.
Existing Indentures has the meaning set forth in the Recitals.
Existing Indentures means the Existing 2010 Notes Indenture and the Existing 2013 Notes Indenture.
Existing Indentures means, collectively, the 2013 Indenture and the 2017 Indenture.
Existing Indentures means the indentures governing the Existing Debentures, as the same may be further amended, amended and restated, supplemented or otherwise modified from time to time in accordance with Section 6.13.
Existing Indentures. ’ means, collectively, the July 2015 Senior Secured Notes Indenture, the October 2015 Senior Secured Notes Indenture, the October 2015 Senior Notes Indenture and the September 2017 Senior Secured Notes Indenture;