Examples of Subordinated Note Purchase Agreements in a sentence
Assuming the accuracy of the representations and warranties of each of the Purchasers set forth in the Subordinated Note Purchase Agreements by and between the Company and the Purchaser, the Subordinated Notes will be issued in a transaction exempt from the registration requirements of the Securities Act.
All references to this Agreement, the Subordinated Note Purchase Agreements, the Paying Agent Agreement and the Subordinated Notes shall be deemed to be to such documents as amended, modified or restated from time to time.
The Purchasers, severally and not jointly, each agree to purchase the Subordinated Notes from the Company in an amount equal to such Purchaser’s Subordinated Note Amount from the Company on the Closing Date in accordance with the terms of, and subject to the conditions set forth in, this Agreement, the Subordinated Note Purchase Agreements and the Subordinated Notes.
Assuming the accuracy of the Purchasers’ representations and warranties set forth in the Subordinated Note Purchase Agreements by and between the Company and each Purchaser, no registration under the Securities Act is required for the offer and sale of the Subordinated Notes by the Company to the Purchasers.
The payment of the Borrower's Obligations hereunder and under the other Credit Documents is senior to the payment of the indebtedness of the Borrower under the Senior Subordinated Note Purchase Agreements and each Note Guaranty (as defined in the Senior Subordinated Note Purchase Agreements) in accordance with the terms thereof.
The Company shall have entered into amendments to each of the Existing Senior Note Purchase Agreements, the Existing Subordinated Note Purchase Agreements and the Fleet/Chase Debt Facility, and such amendments shall be satisfactory to you in all respects.
If any Class Members do not obtain payment as a result of their failure to comply with the Notice ordered by the Court or because they do not qualify for relief under the terms of the Settlement Agreement, their failure to obtain payment will not affect the release of all of Plaintiffs’ Claims and Class Claims herein or satisfaction and release of all Defendants’ obligations under the Sub Debt Notes and Subordinated Note Purchase Agreements, and this Agreement will retain its full, binding effect.
The covenants contained in Section 10 of each of the Senior Subordinated Note Purchase Agreements, as such covenants may be amended or modified from time to time (the "Incorporated Covenants"), are hereby incorporated herein by reference and shall be as binding on the Borrower as if set forth fully herein.
In addition, the Borrower shall not, nor shall it permit any Subsidiary to, amend or modify in any material respect the Senior Subordinated Note Purchase Agreements, the Senior Subordinated Notes, the Senior Subordinated Collateral Documents and the Warrants.
Capitalized terms used but not defined herein shall have the respective meanings set forth in the Indenture, or, if not defined therein, the Subordinated Note Purchase Agreements, or, if not defined therein, the Credit Agreement.