Upsized Notes definition

Upsized Notes means the 10.5% Senior Secured Notes due 2011, in an aggregate principal amount of approximately $120,000,000 to be issued by Xxxxxx Xxxxxxx LLC pursuant to the New Notes Indenture.
Sample 1Sample 2Sample 3
Upsized Notes means the upsize of the existing Series 2012-VF1 Variable Funding Notes, such that the maximum available amount shall be $1,450,000,000.
Sample 1

Examples of Upsized Notes in a sentence

  • Prior to the date which is 30 days following consummation of the Exchange Offer, the Company will file a registration statement on the appropriate form to register an offer to exchange senior secured notes having terms identical to the Upsized Notes (except for transfer restrictions) for the outstanding Upsized Notes (the “A/B Registration Statement”) and use its commercially reasonable best efforts to have the A/B Registration Statement declared effective.

  • The Upsized Notes Commitment shall expire at 5:00 p.m., New York City time, on February 6, 2004 unless at or prior to such time you shall previously have executed and returned to Milbank, Tweed, Xxxxxx & XxXxxx LLP a copy of this Commitment Letter.

  • The Upsized Notes Commitment will be subject to the payment of any outstanding invoices for fees and expenses incurred by Saybrook Restructuring Advisors, LLC and Milbank, Tweed, Xxxxxx & XxXxxx, LLP, with respect to which invoices have been delivered to the Company on or before February 3, 2004.

  • Except as otherwise expressly provided in this Commitment Letter, this Commitment Letter shall not be amended, modified or supplemented, except in writing signed by the Company and each of the Purchasers provided, that the amount of each Purchaser’s commitment may be amended without the consent of the Company so long as the aggregate principal amount of the Upsized Notes Commitment remains unchanged.

  • The payment by the Company in cash to each Purchaser of a commitment fee equal to 0.25% of the principal of the Upsized Notes required to be purchased by such Purchaser under the Commitment Letter.

  • If the A/B Exchange Offer does not allow holders of the Upsized Notes to exchange their notes for freely tradable senior secured notes, the Company will file a shelf registration statement covering resales of the Upsized Notes by such holders and use its commercially reasonable best efforts to have such shelf registration statement declared effective as soon as practicable.

  • The payment by the Company in cash to each Purchaser of a commitment fee equal to 0.10% of the principal of the Upsized Notes required to be purchased by such Purchaser under the Commitment Letter.

Related to Upsized Notes

  • Registered Notes has the meaning specified in Section 2.1.

  • A Notes means each Note that has a designation starting with “A”, either individually or in the aggregate as the context may require.

  • 2011 Notes means those certain notes issued pursuant to the Note Purchase Agreement dated as of March 22, 2011 among the Company and the purchasers named in Schedule A thereto.

  • 2014 Notes means (i) the 4.850% Senior Secured Notes due 2024 issued by the Issuer on March 18, 2014 and (ii) the 4.45% Senior Secured Notes due 2025 and the 5.45% Senior Secured Notes due 2034 issued by the Issuer on August 21, 2014.

  • New Notes shall have the meaning assigned to such term in Section 32.

  • MAC Notes The Classes of Modifiable And Combinable STACR® Notes shown on

  • 2019 Notes has the meaning set forth in the definition of “2018 Exchange Offers”.

  • B Notes means each of Note B-1 and Note B-2.

  • Tranche B Notes means the promissory notes, if any, of the Borrower in favor of each Tranche B Lender provided pursuant to Section 2.4(f) or Section 2.5(f) and evidencing the Tranche B Loans of such Tranche B Lender, individually or collectively, as appropriate, as such promissory notes may be amended, modified, restated, supplemented, extended, renewed or replaced from time to time.

  • 2015 Notes means the 8.375% senior notes due 2015 in the principal amounts of $615 million and €500 million issued pursuant to the 2015 Notes Indenture.

  • Rated Notes means the Class A Notes, the Class B Notes, the Class C Notes, the Class D Notes and the Class E Notes.

  • Series D Notes is defined in Section 1.

  • Series B Notes is defined in Section 1.

  • or "Notes means the Revolving Notes, the Swingline Note and/or the Term Notes, collectively, separately or individually, as appropriate.

  • Offered Notes The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes, the Class B Notes, the Class C Notes and the Class D Notes.

  • 2028 Notes means those 6.500% Senior Notes due 2028 issued by the Borrower in an aggregate principal amount of $400,000,000 pursuant to the 2028 Notes Documents.

  • 2021 Notes means the 4.700% Senior Notes due 2021, originally issued by Ensco plc (now Valaris), a public limited company organized under the laws of England and Wales.

  • Series A Notes is defined in Section 1.

  • Asset Backed Notes (the “Class C Notes”), “Class D 2.09% Asset Backed Notes” (the “Class D Notes”) and “Class E 2.64% Asset Backed Notes” (the “Class E Notes”) (the Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes, the Class D Notes and the Class E Notes, the “Notes”). This Certificate is issued under and is subject to the terms, provisions and conditions of the Trust Agreement, to which Trust Agreement the holder of this Certificate by virtue of the acceptance hereof assents and by which such holder is bound. The property of the Trust includes a pool of retail installment sale contracts secured by new and used automobiles, vans or light duty trucks (the “Receivables”), all monies due thereunder on or after the Cutoff Date, security interests in the vehicles financed thereby, certain bank accounts and the proceeds thereof, proceeds from claims on certain insurance policies and certain other rights under the Trust Agreement and the Sale and Servicing Agreement, all right, title and interest of the Seller in and to the Purchase Agreement dated as of January 16, 2013 between AmeriCredit Financial Services, Inc. and the Seller and all proceeds of the foregoing. The holder of this Certificate acknowledges and agrees that its rights to receive distributions in respect of this Certificate are subordinated to the rights of the Noteholders as described in the Sale and Servicing Agreement, the Indenture and the Trust Agreement, as applicable. Distributions on this Certificate will be made as provided in the Trust Agreement or any other Basic Document by wire transfer or check mailed to the Certificateholder without the presentation or surrender of this Certificate or the making of any notation hereon. Except as otherwise provided in the Trust Agreement and notwithstanding the above, the final distribution on this Certificate will be made after due notice by the Servicer on behalf of the Owner Trustee of the pendency of such distribution and only upon presentation and surrender of this Certificate at the office or agency maintained for the purpose by the Owner Trustee in the Corporate Trust Office. Reference is hereby made to the further provisions of this Certificate set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. Unless the certificate of authentication hereon shall have been executed by an authorized officer of the Owner Trustee, by manual signature, this Certificate shall not entitle the holder hereof to any benefit under the Trust Agreement or the Sale and Servicing Agreement or be valid for any purpose. THIS CERTIFICATE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF DELAWARE, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS, AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

  • Permitted Notes means (i) unsecured senior or senior subordinated debt securities of the Borrower, (ii) debt securities of the Borrower that are secured by a Lien on the Collateral ranking junior to the Liens securing the Obligations pursuant to a Second Lien Intercreditor Agreement or (iii) debt securities of the Borrower that are secured by a Lien ranking pari passu with the Liens securing the Obligations pursuant to a First Lien Intercreditor Agreement; provided that (a) in the case of debt securities issued in reliance on Section 7.03(s)(iii), such debt securities are issued for cash consideration, (b) the terms of such debt securities do not provide for any scheduled repayment, mandatory redemption or sinking fund obligations prior to the Maturity Date of the Term Facility (other than customary offers to repurchase upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default), (c) the covenants, events of default, guarantees, collateral and other terms of which (other than interest rate and redemption premiums), taken as a whole, are not more restrictive to the Borrower and the Restricted Subsidiaries than those in this Agreement; provided that a certificate of a Responsible Officer of the Borrower delivered to the Administrative Agent at least three Business Days (or such shorter period as the Administrative Agent may reasonably agree) prior to the incurrence of such debt securities, together with a reasonably detailed description of the material terms and conditions of such debt securities or drafts of the documentation relating thereto, stating that the Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirement shall be conclusive evidence that such terms and conditions satisfy the foregoing requirement, (d) at the time that any such Permitted Notes are issued (and after giving effect thereto) no Event of Default shall exist, (e) the Borrower shall be in compliance with the covenants set forth in Section 7.11 determined on a Pro Forma Basis as of the last day of the most recently ended Test Period for which financial statements were required to have been delivered pursuant to Section 6.01(a) or (b), as applicable (or if no Test Period cited in Section 7.11 has passed, the covenants in Section 7.11 for the first Test Period cited in such Section shall be satisfied as of the last four quarters ended), in each case, as if such Permitted Notes had been outstanding on the last day of such four quarter period, and (f) no Subsidiary of the Borrower (other than a Guarantor) shall be an obligor and no Permitted Notes shall be secured by any collateral other than the Collateral.

  • Series 2020 Bonds means the Series 2020A Bonds and the Series 2020B Bonds.

  • Class B Notes means the Class B 5.87% Asset-Backed Notes substantially in the form of Exhibit B to the Indenture.

  • Notes shall have the meaning assigned to such term in the recitals.

  • 2016 Notes means the aggregate principal amount of US$460,000,000 of 4.25% Convertible Senior Notes Due 2016 issued pursuant to the 2016 Note Indenture.

  • Original Notes means the Initial Notes and any Exchange Notes issued in exchange therefor.

  • 2022 Notes means the 4.875% Senior Notes due 2022, originally issued by Rowan Companies, Inc., a Delaware corporation.