Examples of Issuer Only Notes in a sentence
PRELIMINARY STATEMENT The Co-Issuers are duly authorized to execute and deliver this Indenture to provide for the Co-Issued Notes issuable as provided in this Indenture, and the Issuer is duly authorized to execute and deliver this Indenture to provide for the Issuer Only Notes issuable as provided in this Indenture.
We hereby agree that we (a) will inform the Trustee of any proposed transfer by us of all or a specified portion of the Issuer Only Notes and (b) will not initiate any such transfer after we have been informed by the Issuer or the Transfer Agent in writing that such transfer would cause the 25% Limitation to be exceeded.
In the case of Issuer Only Notes, if it is a bank organized outside the United States, it (A) is acquiring such Notes as a capital markets investment and will not for any purpose treat such Notes or the assets of the Issuer as loans acquired in its banking business and (B) is not acquiring such Notes as part of a plan having as one of its principal purposes the avoidance of U.S. withholding taxes.
Other than a Benefit Plan Investor or a Controlling Person purchasing on the Closing Date, interests in Issuer Only Notes held by Benefit Plan Investors or Controlling Persons will be evidenced by Certificated Notes.
In the case of Issuer Only Notes, for so long as it holds a beneficialinterest in such Notes, unless otherwise specified in a signed investorrepresentation letter in connection with the Closing Date or Refinancing Date, it is not a Benefit Plan Investor or a Controlling Person.
All Class D Notes and Class E Notes sold issued to Accredited Investors(other than Manager Excepted Notes), all Issuer Only Notes soldissued to Benefit Plan Investors or Controlling Persons (other than Controlling Persons purchasing on the Closing Date) and all Subordinated Notes not sold under Regulation Sissued to persons who are AI/KEs or AI/QP must be held in the form of a Certificated Note.
With respect to the purchase of Issuer Only Notes represented by Global Notes, for so long as it holds a beneficial interest in such Global Notes, such beneficial owner is not a Benefit Plan Investor or a Controlling Person, unless such beneficial owner purchases such Issuer Only Notes on the Closing Date or the Refinancing Date, as applicable, with the consent of the Issuer.
Except with respect to purchases by Benefit Plan Investors orControlling Persons on the Closing Date or the Refinancing Date, as applicable, that are permitted by the Issuer to hold such Notes in the form of Global Notes, all Issuer Only Notes that are sold to Benefit Plan Investors and Controlling Persons will be evidenced by Certificated Notes.
The Purchaser understands that the Notes will bear the applicable legends set forth in Exhibit A unless the Co-Issuers determine (or in the case of the Issuer Only Notes, the Issuer determines) otherwise in accordance with applicable law.
All Issuer Only Notes sold to Accredited Investors will be evidenced by Certificated Notes.