Roll-Up Notes definition

Roll-Up Notes means the portion of the Pre-Petition Senior Secured Notes which are constituted as administrative priority claims and granted superpriority priming liens pursuant to the Interim Order and the Final Order.

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Roll-Up Notes means an additional series of Notes to be issued pursuant to the Indenture in aggregate principal amount of $170,000,000 to be issued in exchange for $170,000,000 of Initial Notes. For the avoidance of doubt, the Roll- Up Notes shall constitute Additional Notes pursuant to the terms of the Indenture.

Roll-Up Notes has the meaning given the term “Roll Up DIP Notes” in the Interim DIP Order.

Examples of Roll-Up Notes in a sentence

• Notwithstanding anything in this Indenture to the contrary, in the event of any conflict between the provisions of this Article 13 and any other provision within the Indenture as they related to the Roll-Up Notes Agent, the provisions within this Article 13 shall control.

• Each Holder of Roll-Up Notes acknowledges and agrees that such vote shall be irrevocably (except as directed by the Required Holders in writing) deemed to have occurred in connection with any consent, amendment and/or waiver agreed to by the Required Holders, without any need for further solicitation or action by such Holders.

• The Roll-Up Notes Agent shall not be responsible for the satisfaction of any condition set forth in this Indenture, other than to confirm receipt of items expressly required to be delivered to the Roll-Up Notes Agent.

• The Roll-Up Notes Agent shall be fully justified in failing or refusing to take any action under this Agreement unless the Roll-Up Notes Agent shall first receive such advice or concurrence of the Holders (as required by this Indenture) and until such instructions are received, the Roll-Up Notes Agent shall act, or refrain from acting, as it deems advisable.

• If the Roll-Up Notes Agent so requests, it shall first be indemnified to its reasonable satisfaction by the Holders against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

• Cortland Capital Market Services LLC is hereby appointed the Roll-Up Notes Agent for the Holders hereunder and each Holder hereby authorizes Cortland Capital Market Services LLC, in such capacity, to act as its agent in accordance with the terms hereof.

• For the avoidance of doubt, the Trustee for the Roll-Up Notes, as the Registrar therefor, shall record each such Roll-Up Note in a register which register shall be conclusive and binding on all parties.

• Without limiting the generality of the foregoing, the Roll-Up Notes Agent shall not have or be deemed to have, by reason hereof, a fiduciary relationship in respect of any Holder; and nothing herein, expressed or implied, is intended to or shall be so construed as to impose upon the Roll-Up Notes Agent any obligations in respect hereof except as expressly set forth herein.

• In performing its functions and duties hereunder, the Roll-Up Notes Agent shall act solely as an agent of the Holders and does not assume and shall not be deemed to have assumed any obligation towards or relationship of agency or trust with or for the Issuer or any Grantor or any Affiliate thereof.

• Anything contained herein to the contrary notwithstanding, The Roll-Up Notes Agent shall not have any liability arising from confirmations of the amount of outstanding Notes or the component amounts thereof.

More Definitions of Roll-Up Notes

Roll-Up Notes. The unsecured prepetition claims denominated in U.S. dollars held by creditors who agree to participate in the Novo Financiamento – Credores Opção de Reestruturação I, pursuant to Section [5.4.1] of the Reorganization Plan, and are in compliance with their Covenant Not To Dispute, Discharge And Waive (Compromisso de Não Litigar, Quitação e Renúncia), pursuant to Section [9.3] under the Reorganization Plan (the “▇▇▇ Notes”). 2 NTD: Cross-references to the Plan to be checked against final form Plan.

Roll-Up Notes means the senior secured second lien notes due 2024 of the Company issued pursuant to the New Indenture in an aggregate principal amount of the lesser of (a) $405,000,000 and (b) the product of (i) 15.0 and (ii) the aggregate principal amount of the Existing 2024 Notes (as defined in the Term Sheet) held by Rights Offering Participants to the extent subscribed for New Money Securities, which shall have the terms therefor substantially as described in the Term Sheet.

Roll-Up Notes means the promissory notes of each Borrower evidencing Roll Up Loans.

Roll-Up Notes as defined in Section 2.1(a)(ii).