Examples of Issuer Exchange in a sentence
Nothing in this Indenture shall prohibit, or be construed as prohibiting, an Issuer Exchange Payment or Counterparty Exchange Payment from being made on a date other than a Distribution Date.
The Issuer hereby authorizes and directs the Indenture Trustee to acknowledge and agree to any Exchange Agreement hereafter entered into by the Issuer and an Exchange Counterparty under which (a) the Issuer may be required to make, from time to time, Issuer Exchange Payments and (b) the Indenture Trustee may receive, from time to time, Counterparty Exchange Payments for the account of the Issuer.
The Indenture Trustee shall, upon the written request of an Exchange Counterparty, except as otherwise provided in the next succeeding paragraph, waive any failure in the payment of an Issuer Exchange Payment to such Exchange Counterparty.
Senior Issuer Exchange Payments shall be secured hereunder by the pledge of the Trust Estate granted hereby, by the lien thereon and security interest therein on an equal priority with the payment of interest on Senior Notes, and by the assignment to the Indenture Trustee for the benefit of the Senior Exchange Counterparty of all rights, title and interest of the Issuer and each Eligible Lender Trustee in the Trust Estate.
Subordinate Issuer Exchange Payments shall be secured hereunder by the pledge of the Trust Estate granted hereby, by the lien thereon and security interest therein on an equal priority with the payment of interest on Subordinate Notes, and by the assignment to the Indenture Trustee for the benefit of the Subordinate Exchange Counterparty of all rights, title and interest of the Issuer and each Eligible Lender Trustee in the Trust Estate.
Contemporaneously with the Closing the Issuer shall sell to each other Purchaser and each other Purchaser shall purchase the Series B Notes and the Series C Notes to be purchased by it at the Closing as specified in the Purchaser Schedule and each Purchaser shall deliver to the Issuer Exchange Notes in satisfaction of the purchase price payable for the Series B Notes and the Series C Notes.
The terms of the particular Transaction to which this Confirmation relates are as follows: General Terms: Trade Date: September 22, 2003 [LOGO OF JPMorgan] Shares: The American Depository Receipts representing 5 "CPO" shares of Cemex S.A. de C.V. (the "Issuer") (Exchange identifier: "CX") Number of Shares: 542,000 Strike Price: USD 26.6115 Exchange: The New York Stock Exchange Related Exchange(s): The principal exchange with respect to options contracts or futures contracts, if any, on the Shares.
Response to Comment 1: The Company respectfully advises the Staff that it is relying upon the March 21, 2001 exemptive order regarding Issuer Exchange Offers Conducted for Compensatory Purposes (the “Exemptive Order”).
Second Lien Issuer Exchange Notes $100.0 million aggregate principal amount of 10.00% senior secured notes due 2026 (the “Second Lien Issuer Exchange Notes”) to be issued by the Issuer under an indenture to be dated on or about the Settlement Date and on the terms set forth in Exhibit B hereto.
On the issue date of the Second Lien Issuer Exchange Notes, each of the Issuer’s subsidiaries will be “restricted subsidiaries” under the indenture.