Examples of Term Notes B in a sentence
This Term Note is in partial substitution for and replacement of certain Term Notes A and Term Notes B in the original aggregate principal amount of $ , made by Borrower to certain lenders under the Original Credit Agreement (as such Term Notes A and Term Notes B shall have been amended and substituted prior to the date hereof, collectively, the “Original Notes”), and is made in substitution of such Original Notes and not in satisfaction of any portion of such Original Notes.
Treatment: The Holders of the Allowed Class 3 Claims will receive in the aggregate (A) the New Tranche B Term Notes; (B) the New Tranche D PIK Notes; (C) 234,464 shares of Issued New Common Stock; and (D) 9.8% of Excess Cash.
No statute of limitations now or hereafter in force shall b^'remedj"01, t0 bar or affect any action or remedy for recovery of tax.
Notes - collectively, the Revolving Credit Notes, Term Notes A and Term Notes B.
The Term Loans B made by each such Lender shall be evidenced by and repayable in accordance with the terms and conditions of promissory notes, in the form of EXHIBIT T-2 (the "Term Notes B"), executed by Borrower in favor of such Lender.
So long as the outstanding principal amount of the Term Notes A on the date of any proposed prepayment exceeds the pro rata portion of the proposed prepayment to be applied to the Term Notes A, any Lender holding Term Notes B may elect to be excluded from the pro rata sharing of any optional prepayment made by Borrower under this SECTION 3.2, and any such prepayment shall not reduce the outstanding principal balances of the Term Notes B, but shall be applied pro rata to the Term Notes A.
In no event whatsoever shall the aggregate of all amounts deemed interest hereunder or under the Revolving Credit Notes, the Term Notes A or the Term Notes B and charged or collected pursuant to the terms of this Agreement or pursuant to the Term A Notes or the Term Notes B exceed the highest rate permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto.
Each holder of an Allowed Prepetition Lender Claim against any of the Debtors shall receive, on the Effective Date, (i) its Pro Rata Share of (A) New WCI Senior Secured Term Notes, (B) New WCI Senior Secured Subordinated PIK Notes, and (C) 95% of the shares of New WCI Common Stock issued under the Plan except for shares reserved for issuance pursuant to the New WCI Employee Incentive Programs, if any, and Creditor Common Shares and (ii) the Prepetition Lender Release.
Such election shall be made in a writing signed by each such electing Lender who holds Term Notes B and delivered to the Administrative Agent before the date fixed for such prepayment.
This Term Note is one of the Term Notes B referred to in the Agreement and is issued pursuant to and entitled to the benefits and security of the Agreement to which reference is hereby made for a more complete statement of the terms and conditions upon which the Term Loans evidenced hereby were or are made and are to be repaid.