Sub Note definition
Examples of Sub Note in a sentence
At the Closing, immediately following the Stock Purchase, MM shall subscribe for and purchase from KARA Sub 100 shares of KARA Sub common stock, $.01 par value ("KARA Sub Common Stock"), representing 10% of the issued and outstanding shares of KARA Sub Common Stock, and KARA Sub shall issue, sell and transfer to MM the KARA Sub Common Stock in consideration for delivery by MM to KARA Sub of the KARA Sub Note.
Each such new TCW Sub Note shall be dated and bear interest from the date to which interest shall have been paid on the surrendered TCW Sub Note or dated the date of the surrendered TCW Sub Note if no interest shall have been paid thereon.
Inland shall not reissue, modify or supplement any provision of any Senior Sub Note Purchase Document or Junior Sub Note Purchase Document to which it is a party, without the prior written consent of the Requisite Holders.
The proceeds of the Recapitalization together with the Recap Co Sub Note will be used to consummate the Redemptions.
Each such new TCW Sub Note shall be payable to such Person as such holder may request and shall be substantially in the form of Exhibit A.
The Guarantor agrees that its obligations under this Section shall be automatically reinstated if and to the extent that for any reason any payment (including payment in full) by or on behalf of Inland is rescinded or must be otherwise restored by any Holder of a TCW Sub Note, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid.
Each TCW Sub Note shall have endorsed thereon a Guarantee executed by the Guarantor in the form of EXHIBIT B attached hereto.
If the Note Purchaser shall request that the restrictive legend on the TCW Sub Note be removed, the Note Purchaser, if requested by Inland, will have the obligation in connection with such request, at the Note Purchaser's expense, of delivering an opinion of counsel in form and substance reasonably satisfactory to Inland, in connection with such request, to the effect that the removal of such restrictive legend would not be in violation of the Securities Act or any applicable state securities laws.
The words "the transactions contemplated by this Agreement" shall include the Redemptions, the Merger, the Recapitalization and the execution and delivery of the Recap Co Sub Note and the Investors' Agreement.
TCW Sub Notes shall not be transferred in denominations of less than $1,000,000 provided that if necessary to enable the registration of transfer by a Holder of its entire holding of TCW Sub Notes, one TCW Sub Note may be in a denomination of less than $1,000,000.