Fund Notes definition
Examples of Fund Notes in a sentence
The Noteholder Intercreditor Agreement is attempted to be revoked by any holder of the 2002 Junior Secured Fund Notes or any collateral agent thereof or is otherwise asserted to be invalid or unenforceable by the Company or any holder of the 2002 Junior Secured Fund Notes or any collateral agent thereof, or any such party asserts the invalidity or unenforceability of the Debt in connection with its rights under the Noteholder Intercreditor Agreement.
The Companies shall not suffer or permit at any time the ratio of: (x) Total Senior Funded Indebtedness to the extent such Indebtedness is a secured obligation (but, excluding for purposes hereof, the Indebtedness evidenced by the 2002 Senior Secured Fund Notes) to (y) Consolidated Pro-Forma EBITDA to be greater than 4.05 to 1.00 on March 31, 2003 through and including June 15, 2003, based upon the financial statements of the Companies for the most recently completed four (4) fiscal quarters.
Pursuant to the terms and conditions of the Offering of the Fund, Notes will be issued to Investors in exchange for cash investments.
In the event that Borrower shall enter into, or shall have entered into, any material Indebtedness (including the Indebtedness evidenced by the 2002 Senior Secured Fund Notes), wherein the covenants (excluding covenants relating to the preservation of personal property) are more restrictive than the covenants set forth herein, Borrower shall be bound hereunder by such covenants with the same force and effect as if such covenants and agreements were written herein and fully incorporated herein.
The Companies shall not suffer or permit at any time the ratio of: (x) Total Senior Funded Indebtedness to the extent such Indebtedness is a secured obligation (but, excluding for purposes hereof, the Indebtedness evidenced by the 2002 Senior Secured Fund Notes) to (y) Consolidated Pro-Forma EBITDA to be greater than 5.25 to 1.00 on June 16, 2003 through and including the Waiver Expiration Date, based upon the financial statements of the Companies for the most recently completed four (4) fiscal quarters.
Agent shall have received the opinion issued by counsel to Borrower to the purchasers of the 2002 Senior Secured Fund Notes as to the issuance of such notes in compliance with the Indenture and a reliance letter from such counsel in favor of the Agent allowing the Agent to rely on such opinion.
Energy Income and Growth Fund, a Massachusetts business trust (such fund, and its successors and assigns under the Indenture hereinafter referred to, being herein called the "Fund"), promises to pay interest on the principal amount of the Series A Auction Rate Fund Notes (the "Energy Notes") at the Applicable Rate until maturity, unless previously redeemed.
Energy Income and Growth Fund, a Massachusetts business trust (such fund, and its successors and assigns under the Indenture hereinafter referred to, being herein called the "Fund"), promises to pay interest on the principal amount of the Series A Auction Rate Fund Notes (the "Energy Notes") at the Applicable Rate until maturity.
The Note Purchase Agreement, the 2002 Senior Secured Fund Notes and the other Junior Credit Document (as defined in the Noteholder Intercreditor Agreement) shall have been executed in the form delivered to the Agent by the Borrower simultaneously herewith.