Private Note definition
Examples of Private Note in a sentence
If a Holder of an Individual Note relating to a Private Note wishes at any time to transfer such Note to a Person who wishes to take delivery thereof in the form of a beneficial interest in the related Regulation S Global Note or the related Rule 144A Global Note, such transfer may be effected only in accordance with the Applicable Procedures, and this Section 2.04(l).
It is the intent of the foregoing that under no circumstances may an investor that is not a Qualified Institutional Buyer or a Regulation S Investor take delivery in the form of a beneficial interest in a Global Note relating to a Private Note or an Individual Note relating to a Private Note.
By acceptance of an Individual Note relating to a Private Note, whether upon original issuance or subsequent transfer, each holder of such a Private Note acknowledges the restrictions on the transfer of such Private Note set forth in the Securities Legend and agrees that it will transfer such a Private Note only as provided herein.
In the event the Private Notes are at any time available as Definitive Notes, it shall be a condition to the transfer of any Private Note that is a Definitive Note that there be delivered to the Indenture Trustee a letter from the proposed transferee of any such Private Notes in substantially the form and substance set forth as Exhibit K to this Indenture.
Upon request of a Holder of an Initial Private Note, the Company shall promptly furnish to such Holder or to a prospective purchaser of such Note designated by such Holder, as the case may be, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act in order to permit compliance by such Holder with Rule 144A in connection with the resale of such Note by such Holder.
If, however, there is a default under the Private Note, which default has not been cured by Borrower within any applicable cure period or by THDA pursuant to Section 11(b) of this Agreement, Private Lender may amend, modify, renew, or extend the provisions of the Private Loan Documents without any notice to or consent from THDA.
Except with respect to the initial transfer of the Private Notes by the Depositor, no transfer, sale, pledge or other disposition of any Private Note shall be made unless such disposition is exempt from the registration requirements of the 1933 Act, and any applicable state securities laws or is made in accordance with the 1933 Act and laws.
Subject to the terms and conditions of this Amendment, the Majority Lenders hereby consent to the execution and delivery of Private Note Guaranties by the Required Private Note Guarantors and agree that the Contingent Obligations of the Required Private Note Guarantors under the Private Note Guaranties shall not count toward the dollar limitation on Indebtedness and Contingent Obligations under Section 8.02(o) of the AJCA Credit Agreement.
Immediately upon receipt of such Private Note by the Indenture Trustee, the Issuer will return to the Placement Agent an amount equal to the amount previously paid to the Issuer in respect of such Private Note.
The Holder of a Private Note that is also a Class R or Class R-4 Note desiring to effect a transfer of a such Class R or Class R-4 Note shall not make such transfer to a Non-U.S. Person.