Tender Notes definition

Tender Notes means the promissory notes of the Borrower in favor of each of the Lenders evidencing the Tender Loans in substantially the form attached as Schedule 2.3(d), individually or collectively, as appropriate, as such promissory notes may be amended, modified, supplemented, extended, renewed or replaced from time to time.

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Tender Notes means the face amount of Notes to be tendered by each Noteholder in the Exchange as set forth in Schedule A hereto.

Tender Notes means (i) the promissory notes of Company issued pursuant to subsection 2.1D(i) on the Closing Date and (ii) any promissory notes issued by Company pursuant to the last sentence of subsection 10.1B(i) in connection with assignment of the Tender Loan Commitments or Tender Loans of any Lenders, in each case substantially in the form of EXHIBIT IV annexed hereto, as they may be amended, supplemented or otherwise modified from time to time.

Examples of Tender Notes in a sentence

• In the event that any Noteholder Transfers any of the Tender Notes owned or beneficially held as of the date hereof, as a condition precedent to such Transfer, such Noteholder agrees to cause the transferee to execute and deliver an acknowledgement, in the form attached hereto as Exhibit E, whereby such transferee agrees to be bound by the terms of this Agreement.

• Any Transfer of Tender Notes to a person not party to this Agreement in violation of this Section 3(b) shall be deemed void.

• Unless required by applicable law, the Company shall not disclose the face amount of Tender Notes held by a Noteholder without the prior written consent of such Noteholder; provided, however, that if such disclosure is required by law, the Company shall afford such Noteholder a reasonable opportunity to review and comment upon any such disclosure prior to the release or publication thereof.

• Any Other Procedures the Holders Must Follow in Order to Tender Their Notes (Or Portions Thereof) for Payment and the Procedures That Holders Must Follow in Order to Withdraw an Election to Tender Notes (Or Portions Thereof) for Payment.

• Such work shall be commenced promptly by Landlord: (i) upon Landlord’s entering into a lease or other agreement providing for the occupancy of any portion of the Surrendered Tenanted Premises to any party other than Tenant or an Existing Subtenant, or (ii) at Landlord’s election, prior to such time, and thereafter completed with all reasonable speed and diligence.

• The foregoing shall not prohibit the Company from disclosing the aggregate face amount of the Tender Notes held by the Noteholders as a group.

• In connection with the Exchange Offer and the Consent Solicitation, and upon consummation thereof, the holders of Notes who tender Notes in the Exchange Offer and have such Notes so tendered accepted for payment therefor by the Company shall, at such time, release claims against the Company and others Persons as and to the extent set forth in the Exchange Offer and the Consent Solicitation materials in respect of their Tender Notes.

• Notwithstanding the foregoing, the parties acknowledge that certain Noteholders may hold Tender Notes in margin accounts and may continue to so hold; provided that in no event shall this affect such Noteholders’ obligations under the terms of this Agreement.

• We intend to use the net proceeds from this offering, together with cash on hand and borrowings under our senior secured credit facility, if needed, to fund the purchase of Tender Notes in the Tender Offers.

• On November 21, 2024, the previously disclosed Tender Offer was amended such that the expiration date will be 5:00 p.m., New York City time, on November 27, 2024, unless extended or earlier terminated, and holders are permitted to withdraw their tendered Tender Notes until such amended expiration date.

More Definitions of Tender Notes

Tender Notes means (i) the promissory notes of Company issued pursuant to subsection 2.1D(i)(a) on the Closing Date and subsection 2.1D(ii) on the date of any second disbursement of Tender Loans and (ii) any promissory notes issued by Company pursuant to the last sentence of subsection 10.1B(i) in connection with assignment of the Tender Loan Commitments or Tender Loans of any Lenders, in each case substantially in the form of Exhibit IV annexed hereto, as they may be amended, supplemented or otherwise modified from time to time.