Tack-On Notes definition
Examples of Tack-On Notes in a sentence
Upon the consummation of the Refinancing Transaction and the Tack-On Notes Exchange, all of the Company’s Obligations under the Notes and this Indenture shall be terminated.
Upon the issuance of the Tack-On Notes in the Tack-On Notes Exchange, the Notes shall be cancelled without any further action by the Company.
In order to effect the Tack-On Notes Exchange, Cogent Communications Group and the Company will, pursuant to the applicable procedures of the applicable Clearing System, provide written notice to the Trustee, the Registrar, the applicable Clearing System, and the Holders of the Notes specifying the date of the exchange (such date, the “Tack-On Notes Exchange Date”).
Upon the consummation of the Tack-On Notes Exchange, all of the Company’s obligations under the Notes and the Indenture shall be automatically terminated.
Notwithstanding the foregoing, this Indenture shall be discharged and shall cease to be of further effect as to all outstanding Notes and any collateral then securing the Notes shall be released upon the consummation of the Tack-On Notes Exchange.
From the Issue Date until the Tack-On Notes Exchange Date, the Notes will be secured by security interests in the Escrow Property in accordance with the Indenture and pursuant to the Escrow Agreement (but subject to the terms and conditions of the Escrow Agreement).
Notwithstanding the foregoing, upon or promptly following the release of the Escrow Property from the Escrow Account pursuant to Section 4(b) of the Escrow Agreement, the Notes will be mandatorily, automatically and irrevocably exchanged for an equal aggregate principal amount of Tack-On Notes and accrued interest thereon issued by Cogent Communications Group under the Existing Cogent Communications Group Euro Indenture (the “Tack-On Notes Exchange”).
Following the Tack-On Notes Exchange, the Company’s obligations under the Notes and this Indenture shall terminate in accordance with Section 8.03 of this Indenture.
Upon the issuance of the Tack-On Notes in the Tack-On Notes Exchange, the Notes shall automatically and without any further action cease to be outstanding for all purposes under this Indenture and this Indenture shall automatically be satisfied and discharged.