Tranche 4 Notes definition
Examples of Tranche 4 Notes in a sentence
Notwithstanding anything to the contrary contained in the Facility Agreement (including Section 2.3 thereof) or the Notes, but subject to Article VI of this Agreement, the $10,000,000 in principal amount of the Tranche 4 Notes (“October 2017 Tranche 4 Principal Payment”) due and payable on October 31, 2017 shall be deferred to, and be due and payable on, January 15, 2018.
Effective as of the date hereof, each of the outstanding Amended and Restated Notes, Tranche 4 Notes and Tranche B Notes is hereby amended and restated to give effect to the amendments contained in the form of amended and restated Notes attached hereto as Exhibit A.
Until paid, the Tranche 4 Notes Principal Payment shall bear interest as provided in the Facility Agreement.
Notwithstanding anything to the contrary contained in the Facility Agreement (including Section 2.3 thereof) or the Notes, the $4,407,250.50 in remaining principal amount of the Tranche 4 Notes (the “October 2017 Tranche 4 Principal Payment”) that, prior to the Fourth Amendment was due and payable on October 31, 2017 and, pursuant to the Fourth Amendment, was deferred to January 15, 2018 shall be further deferred to, and shall be due and payable on, January 19, 2018.
Notwithstanding anything contained in Section 2.3 of the Facility Agreement to the contrary, $10,000,000 in principal amount of the Tranche 4 Notes (“Tranche 4 Notes Principal Payment”) due and payable on July 18, 2017 shall be deferred to and due and payable on August 31, 2017, subject to further deferral as set forth below.
The Purchaser will thereafter surrender the Tranche 4 Notes to the Borrower for cancellation.
Upon consummation of the Repayment and the Exchange (including delivery of all of the Exchange Shares to the Purchasers in accordance herewith), the Tranche 4 Notes will have been repaid in full, will be deemed cancelled and will be of no further force or effect.
The Borrower shall be obligated to deliver Note Purchase Requests for the Tranche 2 Notes, the Tranche 3 Notes and the Tranche 4 Notes at the earlier to occur of the satisfaction of the conditions set forth for the applicable tranche of Notes in Section 4.1 or the waiver by the Purchasers of such conditions; provided that the Borrower may not deliver a Note Purchase Request after December 30, 2014.