Examples of January Notes in a sentence
The Holder hereby waives any Event of Default (as defined in the January Notes) that may have arisen on or prior to the date of this Amendment solely as a result of the Company failing to reserve the Required Reserve Amount (as in effect prior to this Amendment).
At any time on or prior to the twelve month anniversary of the date no Notes or January Notes remain outstanding, neither the Company nor any of its Subsidiaries shall, directly or indirectly, effect any Subsequent Placement unless the Company shall have first complied with this Section 4(p).
The Company will not, directly or indirectly, enter into, create, incur, assume or suffer to exist any indebtedness of any kind, on or with respect to any of its property or assets now owned or hereafter acquired or any interest therein or any income or profits therefrom, that is senior or pari passu in any respect to the Company’s obligations under the Notes other than Permitted Indebtedness, including the January Notes.
The Debtors’ obligations under the Bridge Loan and Bridge Guaranty shall be secured by all collateral currently securing the Debentures; provided, that, the Debtors’ obligations under the Bridge Notes (together with all costs of collecting such obligations including attorneys’ fees) shall be deemed senior, in payment and security, to their obligations under the Debentures set forth above but shall be on a parity basis with the Debtors’ obligations under the January Notes and the February Notes.
With respect to the Notes, the parties to this letter agreement hereby agree that (i) $150,000 of the January Notes Payment, consisting solely of Principal Amount thereof, shall be paid in 568,182 registered and effective shares of Common Stock (the “Share Payment”) and (ii) the balance of the January Notes Payment, consisting of all remaining Principal Amount thereof and all interest and fees thereon, shall be paid in cash in the aggregate amount of $152,310.94.
The net proceeds from the January Notes offering were used to repay 5.0 billion US dollar of the senior facility.
The Company acknowledges that the obligations of the Company under the Note and hereunder shall be entitled to the benefits of the Security Agreements entered into pursuant to the Purchase Agreement (the "Security Agreements") and shall rank pari passu with the obligations of the Issuer under the December Notes and the January Notes.
The term "Next Qualified Financing" shall mean the receipt of gross proceeds of not less than $6,600,000 from the sale of the Company's debt or equity securities through any financing sources (in any case excluding amounts received on conversion of the December Notes, the January Notes and the Notes) which is on terms reasonably acceptable to WallerSutton and is completed before June 10, 2002.
Each of the Debentures and the January Notes is hereby amended as follows: The “Maturity Date” in the Debentures and the January Notes is hereby redefined to mean March 31, 2010; provided, that it is understood that interest shall continue to accrue on the principal amount of the Debentures until paid in full at the Default Rate set forth therein.
Each Buyer shall pay approximately $750 for each $1,000 of principal amount of Notes and related Warrants to be purchased by such Buyer at the Closing (except, that, solely with respect to any Buyer that is a January Buyer, such Buyer shall receive an additional original issue discount such that such Buyer shall have paid $750 for each $1,000 of aggregate principal amount of Notes and January Notes and related Warrants and January Warrants, respectively).