Examples of Existing Convertible Notes in a sentence
The Company and the Lenders hereby agree to treat, for U.S. federal income tax purposes, (a) the Term Loans as a debt instrument (and not a “contingent payment debt instrument” governed by Section 1.1275-4 of the Treasury Regulations) issued originally entirely for cash (in regards to Lenders, other than HCR Lender, which would be paying cash to acquire the Term Loans) and (b) the exchange of the Existing Convertible Notes for the 2029 Convertible Senior Notes and Warrants as a tax-free recapitalization.
The proceeds of the Loans made (a) on the Effective Date will be used to pay fees and expenses incurred in connection with the Transactions, and (b) on and after the Effective Date, will be used for working capital and general corporate purposes (including to settle the Borrower’s Existing Convertible Notes (including payment of fees, costs and expenses incurred in connection therewith)).