Restricted Note has the same meaning as “Restricted Security” set forth in Rule 144(a)(3) promulgated under the Securities Act; provided that the Trustee shall be entitled to request and conclusively rely upon an Opinion of Counsel with respect to whether any Note is a Restricted Note.
FA Selected Bond means a government security or securities selected by the Financial Adviser as having an actual or interpolated maturity comparable with the remaining term of the Notes that would be utilised, at the time of selection and in accordance with customary financial practice, in pricing new issues of corporate debt securities denominated in the same currency as the Notes and of a comparable maturity to the remaining term of the Notes;
Initial Note means each initial Governmental Lender Note registered by the Comptroller and subsequently canceled and replaced by a definitive Governmental Lender Note pursuant to this Funding Loan Agreement.
Accepted Note shall have the meaning specified in paragraph 2B(5).
Committed Note means a promissory note of a Borrower payable to the order of any Lender, in substantially the form of Exhibit A-1, evidencing the indebtedness of that Borrower to such Lender resulting from the Committed Advances made by such Lender to that Borrower.
Restricted Notes means Initial Notes and Additional Notes bearing one of the restrictive legends described in Section 2.1(d).
Unrestricted Notes means one or more Notes that do not and are not required to bear the Private Placement Legend, including, without limitation, the Exchange Notes.
Transfer Restricted Note means any Note that bears or is required to bear the Restricted Notes Legend.
Restricted Certificated Note means a Certificated Note bearing the Private Placement Legend.
Permitted Notes means (i) unsecured senior or senior subordinated debt securities of the Borrower, (ii) debt securities of the Borrower that are secured by a Lien on the Collateral ranking junior to the Liens securing the Obligations pursuant to a Second Lien Intercreditor Agreement or (iii) debt securities of the Borrower that are secured by a Lien ranking pari passu with the Liens securing the Obligations pursuant to a First Lien Intercreditor Agreement; provided that (a) in the case of debt securities issued in reliance on Section 7.03(s)(iii), such debt securities are issued for cash consideration, (b) the terms of such debt securities do not provide for any scheduled repayment, mandatory redemption or sinking fund obligations prior to the Maturity Date of the Term Facility (other than customary offers to repurchase upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default), (c) the covenants, events of default, guarantees, collateral and other terms of which (other than interest rate and redemption premiums), taken as a whole, are not more restrictive to the Borrower and the Restricted Subsidiaries than those in this Agreement; provided that a certificate of a Responsible Officer of the Borrower delivered to the Administrative Agent at least three Business Days (or such shorter period as the Administrative Agent may reasonably agree) prior to the incurrence of such debt securities, together with a reasonably detailed description of the material terms and conditions of such debt securities or drafts of the documentation relating thereto, stating that the Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirement shall be conclusive evidence that such terms and conditions satisfy the foregoing requirement, (d) at the time that any such Permitted Notes are issued (and after giving effect thereto) no Event of Default shall exist, (e) the Borrower shall be in compliance with the covenants set forth in Section 7.11 determined on a Pro Forma Basis as of the last day of the most recently ended Test Period for which financial statements were required to have been delivered pursuant to Section 6.01(a) or (b), as applicable (or if no Test Period cited in Section 7.11 has passed, the covenants in Section 7.11 for the first Test Period cited in such Section shall be satisfied as of the last four quarters ended), in each case, as if such Permitted Notes had been outstanding on the last day of such four quarter period, and (f) no Subsidiary of the Borrower (other than a Guarantor) shall be an obligor and no Permitted Notes shall be secured by any collateral other than the Collateral.
Transfer Restricted Notes means Definitive Notes and any other Notes that bear or are required to bear the Restricted Notes Legend.
Original Note shall have the meaning assigned to such term in the recitals.
Exchange Note means the Closed-End Exchange Note.
Shelf Additional Interest Date shall have the meaning set forth in Section 2(d) hereof.
Restricted Notes Legend means the legend set forth in Section 2.2(f)(i) herein.
Purchase or Sale of a Security means obtaining or disposing of "Beneficial Ownership" of that Security and includes, among other things, the writing of an option to purchase or sell a Security.
Restricted Security has the meaning assigned to such term in Rule 144(a)(3) under the Securities Act; provided, however, that the Trustee shall be entitled to receive, at its request, and conclusively rely on an Opinion of Counsel with respect to whether any Note constitutes a Restricted Security.
Exchange Security or a "Registrable Security" shall include a reference to the related Guarantee.
Registered Note means a Note in registered form;
Securities Lending Agreement means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
Offshore Global Note means a Global Note representing Notes issued and sold pursuant to Regulation S.
Special Note State agencies may make purchases under this Requirements Contract up to $2500.00 using the state of Ohio payment card. Any purchase that exceeds $2500.00 will be made using the official state of Ohio purc hase order (ADM- 0523). Any non-state agency, institution of higher education or Cooperative Purchasing member will use forms applicable to their respective agency. This Requirements Contract and any Amendments thereto are available from the DAS Web site at the following address: xxxx://xxx.xxxx.xxx/procure Signed: Xxxxxx Xxxxx, Director Date *Reflects mutual renewal of contract, effective with amendment No. 2. Index No. MAC013 Rev. 04/01/16 Page 11 CONTRACTOR INDEX CONTRACTOR AND TERMS: BID CONTRACT NO.: OT905812-1* 0000090134 DELIVERY: As Specified Take-A-Ticket, Inc. 130 N. E. Xxxxxxxxxx Street TERMS: Net 30 Days Albany, OR 97321 CONTRACTOR'S CONTACT: Xxxx Xxxxxx Xxxx Free: (000) 000-0000 Telephone: (000) 000-0000 FAX: (000) 000-0000 Email: xxxx@xxxxxx.xxx CONTRACTOR AND TERMS: BID CONTRACT NO.: OT905812-2 * 0000009073 DELIVERY: 30 Days A.R.O. Xxxxxxx Systems, Inc. 0000 Xxxx Xxxx TERMS: Net 30 Days Adair, IA 50002 CONTRACTOR'S CONTACT: Xxxxxx Xxxxx Xxxx Free: (000) 000-0000 Telephone: (000) 000-0000 FAX: (000) 000-0000 E-mail: xxxxxx.xxxxx@xxxxxx.xxx *Reflects removal of expiration date with amendment 2. Index No.: MAC013 Eff. Date: 04/01/2016 Page 12 SUMMARY OF AMENDMENTS Amendment Number Effective Date Description
Private Exchange Notes See Section 2(b) hereof.
Restricted Securities Legend has the meaning set forth in Section 8.2(b).