Exchange Senior Subordinated Notes definition

Exchange Senior Subordinated Notes means Senior Subordinated Notes which are substantially identical securities to the Senior Subordinated Notes issued on or prior to the Initial Borrowing Date, which Exchange Senior Subordinated Notes shall be issued pursuant to a registered exchange offer or private exchange offer for the Senior Subordinated Notes and pursuant to the Senior Subordinated Notes Indenture. In no event will the issuance of any Exchange Senior Subordinated Notes increase the aggregate principal amount of Senior Subordinated Notes then outstanding or otherwise result in an increase in an interest rate applicable to the Senior Subordinated Notes.
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Exchange Senior Subordinated Notes means the Company's 10 1/8% Senior Subordinated Notes due 2008, which will be issued in exchange for the Company's Senior Subordinated Notes.
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Exchange Senior Subordinated Notes means the Senior Subordinated Notes issued in the Exchange Offer pursuant to Section 2.06(f) hereof.
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Examples of Exchange Senior Subordinated Notes in a sentence

  • The Exchange Senior Subordinated Notes will be issued under an indenture dated as of October 2, 2012, among the Company, the Guarantors and the Trustee (the “Senior Subordinated Indenture,” and together with the Senior Notes Indenture, the “Indentures”).

  • The Exchange Offer shall be on the appropriate form permitting registration of the Exchange Senior Subordinated Notes to be offered in exchange for the Senior Subordinated Notes that are Transfer Restricted Senior Subordinated Notes and to permit sales of Broker-Dealer Transfer Restricted Senior Subordinated Notes by Restricted Broker-Dealers as contemplated by Section 3(c) below.

  • The Initial Securities shall be known as the "9 1/2% Senior Subordinated Notes due 2009" and the Exchange Securities shall be known as the "9 1/2% Exchange Senior Subordinated Notes due 2009", in each case, of the Company.

  • When the Exchange Senior Subordinated Notes have been duly executed, authenticated, issued and delivered in accordance with the provisions of the Senior Subordinated Indenture upon the exchange, the Exchange Senior Subordinated Notes will constitute valid and legally binding obligations of the Company enforceable against the Company in accordance with their terms and.

  • The Exchange Senior Subordinated Notes will be issued under the Indenture or an indenture (the “Exchange Senior Subordinated Indenture”) among the Issuers, the Guarantors and the Trustee or such other bank or trust company that is reasonably satisfactory to the Initial Purchasers, as trustee (the “Exchange Senior Subordinated Trustee”).

  • If the Exchange Senior Subordinated Notes are issued under a separate indenture, such indenture shall be identical to the Indenture, except that such indenture shall not contain any provisions relating to restrictions on transfer with respect to the Exchange Senior Subordinated Notes or to any increase in annual interest for failure to comply with this Agreement.

  • The Exchange Senior Subordinated Notes will be issued under an indenture, dated as of November 2, 2004 (the “Senior Subordinated Indenture” and, together with the Senior Indenture, the “Indentures”), between the Company and the Trustee.

  • In addition, delivery to such tendering holder of Exchange Senior Notes or Exchange Senior Subordinated Notes may result in backup withholding on all reportable payments made after the exchange.

  • INDENTURE CONTAINS A PROVISION REQUIRING THE TRUSTEE TO REFUSE TO REGISTER ANY TRANSFER OF THIS NOTE IN VIOLATION OF THE FOREGOING.]/2/ -------------------------- /2/ This paragraph should be removed upon the exchange of Senior Subordinated Notes for Exchange Senior Subordinated Notes in the Exchange Offer or upon the registration of the Senior Subordinated Notes pursuant to the terms of the Registration Rights Agreement.

  • The Initial Securities shall be known and designated as the "8.00% Senior Subordinated Notes due 2012" and the Exchange Securities shall be known and designated as the "8.00% Exchange Senior Subordinated Notes due 2012", in each case, of the Company.


More Definitions of Exchange Senior Subordinated Notes

Exchange Senior Subordinated Notes means the securities issuable by the Company in exchange for the Senior Subordinated Notes pursuant to the Senior Subordinated Note Registration Rights Agreement.
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Exchange Senior Subordinated Notes shall have the meaning set forth in Recital Paragraph F.
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Exchange Senior Subordinated Notes. The Company's 13% Senior Subordinated Discount Notes due 2009 to be issued pursuant to the Indenture (i) in the Exchange Offer or (ii) upon the request of any Holder of the Senior Subordinated Notes covered by a Shelf Registration Statement, in exchange for such Senior Subordinated Notes.
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Exchange Senior Subordinated Notes means senior subordinated notes issued in exchange for Senior Subordinated Notes pursuant to the Senior Subordinated Notes Indenture, which Exchange Senior Subordinated Notes are substantially identical securities to the originally issued Senior Subordinated Notes and shall be issued pursuant to a registered exchange offer or private exchange offer for the Senior Subordinated Notes on market terms satisfactory to the Administrative Agent; provided that in no event will the issuance of any Exchange Senior Subordinated Notes increase the aggregate principal amount of Senior Subordinated Notes theretofore outstanding or otherwise result in an increase in the interest rate applicable to the Senior Subordinated Notes theretofore outstanding.
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Exchange Senior Subordinated Notes appearing in Section 11 of the Credit Agreement are hereby restated in their entirety as follows:
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Related to Exchange Senior Subordinated Notes

  • Senior Subordinated Notes means the Borrower’s 9.75% Senior Subordinated Notes due 2014, in an original aggregate principal amount of $225,000,000.

  • Junior Subordinated Notes means the $__________ aggregate principal amount of the Depositor's Series __ ____% Junior Subordinated Notes due ____ __, ____, issued pursuant to the Subordinated Indenture.

  • Existing Senior Subordinated Notes means the Issuer’s 10 1⁄8% Senior Subordinated Notes due 2016 issued pursuant to the Indenture dated as of December 1, 2006, among the Issuer, the Guarantors listed therein and The Bank of New York Mellon as Trustee.

  • Existing Subordinated Notes means any instrument or loan issued or incurred before 1 January 2013, whether publicly or privately placed, ranking or expressed to be ranking pari passu with all other subordinated obligations (except for those subordinated obligations expressed by their terms to rank junior), provided that should any such Existing Subordinated Notes be amended in any way (contractually or by statute) which would result in allowing the Issuer to issue subordinated notes ranking senior thereto, then such Subordinated Notes would be deemed to no longer constitute an Existing Subordinated Note. As a result, in the event of liquidation or bankruptcy of the Issuer or in the event of a Moratorium (as defined in Condition 3 of the Conditions of the Notes) with respect to the Issuer, the claims of the holders of the Subordinated Notes ("Subordinated Noteholders") against the Issuer will be:

  • Senior Subordinated Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Subordinated Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.9.

  • Subordinated Notes means the Initial Notes and the Exchange Notes and, more particularly, any Subordinated Note authenticated and delivered under this Indenture, including those Subordinated Notes issued or authenticated upon transfer, replacement or exchange.

  • Senior Subordinated Notes Indenture means the Indenture, dated as of July 17, 2012, under which the Senior Subordinated Notes were issued, among the Borrower and the Restricted Subsidiaries party thereto and the trustee named therein from time to time, as in effect on the Closing Date and as amended, restated, supplemented or otherwise modified from time to time in accordance with the requirements thereof and of this Agreement.

  • Senior Secured Notes means the $1,875 million aggregate principal amount of 7.375% Senior Secured Notes due 2023 of the Borrower including, as the same may be amended, supplemented, waived or otherwise modified from time to time, including any senior secured exchange notes issued in lieu thereof.

  • Existing Senior Secured Notes means the Borrower’s $800,000,000 8.500% Senior Secured Notes due 2019, issued pursuant to the Existing Senior Secured Notes Indenture.

  • Junior Subordinated Debentures means the aggregate principal amount of the Depositor's ____% Junior Subordinated Deferrable Interest Debentures, due ________ __, 2027, issued pursuant to the Indenture.

  • Senior Subordinated Note Documents means the Senior Subordinated Notes Indenture and all other instruments, agreements and other documents evidencing the Senior Subordinated Notes or providing for any guarantee or other right in respect thereof.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Senior Subordinated Indenture means the Indenture, dated as of August 30, 2007, among the Company, the subsidiary guarantors party thereto from time to time and Xxxxx Fargo Bank, National Association, as trustee, governing the 13.5% Senior Subordinated Notes due 2015 of the Company, as the same may be amended, supplemented, waived or otherwise modified from time to time.

  • Senior Secured Notes Trustee means The Bank of New York Mellon Trust Company, N.A. and its successors and assigns acting as trustee under the Senior Secured Notes Indenture.

  • Senior Subordinated Debt means the Indebtedness represented by the Senior Subordinated Notes (including the Note Guarantees, Exchange Notes (each as defined in the Senior Subordinated Debt Documents), guarantees of Exchange Notes and any replacement Exchange Notes).

  • Exchange Notes means the Notes issued in the Exchange Offer pursuant to Section 2.06(f) hereof.

  • Subordinated Note Amount has the meaning set forth in the Recitals.

  • Exchange Securities means senior notes issued by the Company and guaranteed by the Guarantors under the Indenture containing terms identical to the Securities (except that the Exchange Securities will not be subject to restrictions on transfer or to any increase in annual interest rate for failure to comply with this Agreement) and to be offered to Holders of Securities in exchange for Securities pursuant to the Exchange Offer.

  • Senior Securities means senior securities (as such term is defined and determined pursuant to the Investment Company Act and any orders of the SEC issued to the Borrower thereunder).

  • Existing Unsecured Notes the Borrower’s 11.5% Senior Notes due 2018, issued pursuant to the Existing Unsecured Indenture, outstanding on the Closing Date or subsequently issued in exchange for or in respect of any such notes.

  • Junior Subordinated Debt means (a) subordinated junior deferrable interest debentures of the Borrower, (b) the related preferred securities, if applicable, of Subsidiaries of the Borrower and (c) the related subordinated guarantees, if applicable, of the Borrower, in each case, from time to time outstanding.

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Senior Secured Notes Documents means the Senior Secured Notes Indenture and the other transaction documents referred to therein (including the related guarantee, the notes and the notes purchase agreement).

  • 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.

  • Convertible Subordinated Notes means the Company's 7% Convertible Subordinated Notes issued pursuant to an indenture dated as of June 12, 1996, between the Company and The Chase Manhattan Bank (formerly known as Chemical Bank), as trustee.