Permanent Notes definition
Examples of Permanent Notes in a sentence
For the avoidance of doubt, the waiver granted pursuant to this Section 2 shall not apply to, and the Original Purchasers hereby expressly reserve their right pursuant to Section 5.4 of the Original Purchase Agreement to participate in, the issuance of indebtedness issued pursuant to the Permanent Notes Documents (as defined in the Credit Agreement).
All accrued Special Interest shall be paid by the Company and the Guarantors (or the Company and the Guarantors will cause the Paying Agent to make such payment on their behalf) to the Holders entitled thereto, in the manner provided for the payment of interest in the Existing Indenture, on each Interest Payment Date, as more fully set forth in the Indenture, the Permanent Notes and the Exchange Notes.
Advances converted for Permanent Notes pursuant to this Section 2.03(a)(iii) shall be deemed repaid and canceled and the Permanent Notes so issued shall be governed by and construed in accordance with the provisions of the Permanent Notes.
The interest rate applicable to each series of Permanent Notes shall at all times be the Permanent Rate for such series.
The Permanent Notes shall include any additional notes issued in lieu of cash interest payments on the Permanent Notes (the “Permanent PIK Notes”).
Whenever the Borrower makes a prepayment of the Loans, it shall make a ratable prepayment of the Permanent Notes, to the extent the Permanent Notes are then prepayable pursuant to the terms of the PIK Note Facility.
As of the Effective Date, the authorized and issued capital stock of each Subsidiary (other than Subsidiaries of AnnTaylor Sourcing Far East) of the Parent is set forth on Schedule 6.7 and all such issued shares are validly issued and outstanding, fully paid and non-assessable and are owned beneficially and of record as set forth in Schedule 6.7 hereto.
Until so exchanged, the Temporary Notes shall in all respects be entitled to the same benefits under this Indenture as Permanent Notes.
For the avoidance of doubt, the waiver granted pursuant to this Section 7.3 shall not apply to, and the Purchasers hereby expressly reserve their right pursuant to Section 5.4 of this Agreement to participate in, the issuance of indebtedness issued pursuant to the Permanent Notes Documents (as defined in the Credit Agreement).
The Permanent Note Request shall specify the principal amount of the Permanent Notes to be issued pursuant to this Section, which shall be at least $30 million (or such other amount as is agreed by such Lenders and the Borrower) in integral multiples of $1 million in excess thereof or the entire remaining aggregate principal amount of the Loans of such Lender.