New Exchange Notes definition

New Exchange Notes. The Company's 13 3/4% Subordinated Notes due 2009 to be issued pursuant to the Exchange Indenture (i) in the Exchange Offer or (ii) upon the request of any Holder of Exchange Notes covered by a Shelf Registration Statement in exchange for such Exchange Notes.
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New Exchange Notes means (i) up to $6,428,000 principal amount of notes being issued pursuant to the Indenture which shall initially consist of the QIB Convertible Global Note and the Non-QIB Convertible Global Note and (ii) up to $12,800,000 principal amount of notes being issued pursuant to the Indenture which shall consist of the QIB Permanent Global Note and the Non-QIB Permanent Global Note. The New Exchange Notes shall have substantially the same terms as the Value Notes (except for the provisions regarding convertibility into shares of Common Stock) and shall be secured as set forth in the Security Agreements and the Intercreditor Agreement.
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New Exchange Notes means notes issued in a registered exchange offer pursuant to the Registration Rights Agreement.
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Examples of New Exchange Notes in a sentence

  • The 2019 New Exchange Notes is secured by guarantees provided by certain subsidiaries of the Group.

  • The 2019 New Exchange Notes will mature on 25 September 2021, unless earlier redeemed in accordance with the terms thereof.

  • The 2019 New Exchange Notes bear interest at a rate of 8.75% per annum payable semi-annually in arrears on 25 March and 25 September of each year, commencing on 25 March 2020.

  • At any time prior to September 25, 2021 the Company may redeem up to 35% of the aggregate principal amount of the New Exchange Notes with the Net Cash Proceeds of one or more sales of Common Stock of the Company in an Equity Offering at a redemption price of 108.75% of the principal amount of the New Exchange Notes redeemed, plus accrued and unpaid interest, if any, to (but not including) the redemption date, subject to certain conditions.

  • Certainly, customers would be much happier to have the more-thoroughly tested system.

  • If the exchange offeree is a broker-dealer holding Old Notes acquired for its own account as a result of market-making activities or other trading activities, it will deliver aprospectus meeting the requirements of the Securities Act in connection with any resale of New Exchange Notes received in respect of such Old Notes pursuant to the Exchange Offer.

  • Access to the project site is through public right-of-way (ROW) and existing roads hence, land acquisition and encroachment on private property will not occur.

  • Optional Redemption of the New Exchange Notes At any time prior to September 25, 2020 the Company may at its option redeem the New Exchange Notes, in whole or but not in part, at a redemption price equal to 100% of the principal amount of the New Exchange Notes redeemed plus the Applicable Premium as of, and accrued and unpaid interest, if any, to (but not including) the redemption date.

  • No cash will be received in connection with any issue of the New Exchange Notes under the Exchange and Tender Offer.

  • In connection with the issuance of the New Exchange Notes, [●], as collateral agent, shall enter into an intercreditor agreement, which governs the relative rights, duties, authority and responsibility of the collateral agent, and the relationship among the holders of the New First Lien Notes and the New Exchange PIK Notes, with respect to their interests in the New First Lien Notes Collateral.• Issuer.


More Definitions of New Exchange Notes

New Exchange Notes means notes issued in a registered exchange offer pursuant to the Registration Rights Agreement. “QIB” means a “qualified institutional buyer” as defined in Rule 144A.
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Related to New Exchange Notes

  • Private Exchange Notes See Section 2(b) hereof.

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

  • Permitted Debt Exchange Notes shall have the meaning provided in Section 2.15(a).

  • Private Exchange Securities shall have the meaning set forth in Section 2(a) hereof.

  • Exchange Note means the Closed-End Exchange Note.

  • 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.

  • 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.

  • Permitted Debt Exchange Offer shall have the meaning provided in Section 2.15(a).

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

  • 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.

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

  • Restricted Notes means Initial Notes and Additional Notes bearing one of the restrictive legends described in Section 2.1(d).

  • Initial Notes has the meaning set forth in the recitals hereto.

  • Exchange Note Interest Rate has the meaning stated in Section 2.2(a)(vi) of the Exchange Note Supplement.

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

  • Exchange Securities shall have the meaning assigned thereto in Section 2(a) hereof.

  • Bridge Notes means the series of notes, of which this Note is a part, dated on or about the date hereof, each of which are identical, other than the date of the Note, identity of the Holder and principal amount of this Note.

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

  • Convertible Notes has the meaning set forth in the Recitals.

  • 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.

  • 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.

  • 2028 Notes has the meaning specified in the recitals of this First Supplemental Indenture.

  • Exchange Debentures has the meaning set forth in Section 2(a) hereof.

  • 2017 Notes means the aggregate principal amount of US$600,000,000 of 6.25% Guaranteed Senior Notes Due 2017 issued pursuant to the 2017 Note Indenture.

  • Subsequent Notes means any Notes issued after the First Issue Date on one or more occasions.

  • Refinancing Notes means any secured or unsecured notes or loans issued by the Borrower or any Subsidiary Loan Party (whether under an indenture, a credit agreement or otherwise) and the Indebtedness represented thereby; provided, that (a) (i) 100% of the Net Proceeds of such Refinancing Notes that are secured on a pari passu basis with the Term B Loans are used to permanently reduce Loans and/or replace Commitments substantially simultaneously with the issuance thereof or (ii) 90% of the Net Proceeds of any other Refinancing Notes are used to permanently reduce Loans and/or replace Commitments substantially simultaneously with the issuance thereof; (b) the principal amount (or accreted value, if applicable) of such Refinancing Notes does not exceed the principal amount (or accreted value, if applicable) of the aggregate portion of the Loans so reduced and/or Commitments so replaced (plus unpaid accrued interest and premium (including tender premiums) thereon and underwriting discounts, defeasance costs, fees, commissions and expenses); (c) the final maturity date of such Refinancing Notes is on or after the Term Facility Maturity Date or the Revolving Facility Maturity Date, as applicable, of the Term Loans so reduced or the Revolving Facility Commitments so replaced; (d) the Weighted Average Life to Maturity of such Refinancing Notes is greater than or equal to the Weighted Average Life to Maturity of the Term Loans so reduced or the Revolving Facility Commitments so replaced, as applicable; (e) in the case of Refinancing Notes in the form of notes issued under an indenture, the terms thereof do not provide for any scheduled repayment, mandatory redemption or sinking fund obligations prior to the Term Facility Maturity Date of the Term Loans so reduced or the Revolving Facility Maturity Date of the Revolving Facility Commitments so replaced, as applicable (other than customary offers to repurchase or mandatory prepayment provisions upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default); (f) the other terms of such Refinancing Notes (other than interest rates, fees, floors, funding discounts and redemption or prepayment premiums and other pricing terms), taken as a whole, are substantially similar to, or not materially less favorable to the Borrower and its Subsidiaries than the terms, taken as a whole, applicable to the Term B Loans (except for covenants or other provisions applicable only to periods after the Latest Maturity Date in effect at the time such Refinancing Notes are issued or are otherwise reasonably acceptable to the Administrative Agent), as determined by the Borrower in good faith (or, if more restrictive, the Loan Documents are amended to contain such more restrictive terms to the extent required to satisfy the foregoing standard); (g) there shall be no obligor in respect of such Refinancing Notes that is not a Loan Party; and (h) Refinancing Notes that are secured by Collateral shall be subject to the provisions of a Permitted Pari Passu Intercreditor Agreement or a Permitted Junior Intercreditor Agreement, as applicable.