New Subordinated Note definition

New Subordinated Note or "New Subordinated Notes" as used herein shall include each note delivered pursuant to any provision of this Agreement and each note delivered in substitution or exchanged for any such note, in any case which is at the time outstanding.
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New Subordinated Note means the subordinated unsecured note issued by the Borrower on the Closing Date to Xxxxxxxx X. Xxxxx, Xx. (or an entity majority-owned and Controlled by Xxxxxxxx X. Xxxxx, Xx. or his heirs, beneficiaries, trusts or estate) in an aggregate principal amount of $10,000,000.
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New Subordinated Note set forth in Section 1.01 of the Financing Agreement is hereby amended by (A) deleting the “and” immediately preceding clause (d) and inserting a comma in lieu thereof, and (B) adding immediately prior to the period at the end of such definition a new clause (e) which shall read as follows: “and (e) any Supplemental Subordinated Note”
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Examples of New Subordinated Note in a sentence

  • Subject to the preceding sentence, the Noteholders shall not be prohibited or limited in any respect from transferring any New Subordinated Note to or among Affiliates of the Noteholders or pledging any such Note to a commercial bank or other institutional lender or granting a participation in any such Note.

  • Each Noteholder hereby severally covenants and agrees that it will not consent to any amendment of any participation agreement pursuant to which it grants a participation in any New Subordinated Note that will amend the provision thereof permitting such Noteholder to call or repurchase such participation or a call or repurchase price equal to 100% of the principal amount thereof.

  • The Company will allow any Holder of a New Subordinated Note to inspect and copy such list at the Company's principal place of business during normal business hours.

  • Ownership of a New Subordinated Note shall be proved by the register to be maintained pursuant to Section 11.3, and a New Subordinated Note shall be transferable only upon the surrender of such note for registration of transfer and subject to Section 3.2, duly endorsed, or accompanied by a written instrument of transfer duly executed, by the Holder thereof or such Holder's attorney duly authorized in writing.

  • In the event of any New Subordinated Note which is converted in part only, upon such conversion the conversion agent shall execute and deliver to or on the order of the Holder thereof, at the expense of the Company, a replacement New Subordinated Note or New Subordinated Notes of authorized denomination in principal amounts equal to the unconverted portion of such New Subordinated Note.

  • The Company may charge the Holder of any mutilated, lost, destroyed or wrongfully taken New Subordinated Note for expenses incurred by it in replacing such note.

  • Unless the shares issuable on conversion are to be issued in the same name as the name in which the surrendered New Subordinated Notes are registered, each New Subordinated Note surrendered for conversion shall be accompanied by instruments of transfer, in form satisfactory to the Company, duly executed by the Holder or its duly authorized attorney.

  • Any fractional interest in a share of Common Stock resulting from conversion of a New Subordinated Note shall, subject to the provisions of Article IX, be paid in cash (computed to the nearest cent) based on the Current Market Price of the Common Stock on the Trading Day next preceding the day of conversion.

  • Upon surrender of any New Subordinated Note for registration of transfer, the Company will execute and deliver in exchange therefor a replacement New Subordinated Note, as the case may be, of the same tenor and registered as such Holder may request.

  • The Borrower shall not designate, create or permit to exist any (a) Designated Senior Indebtedness (as defined in the Convertible Subordinated Note Indenture) and (b) Designated Senior Indebtedness (as defined in the New Subordinated Note Indenture), in each case other than obligations arising under the Loan Documents.


More Definitions of New Subordinated Note

New Subordinated Note means the Non-Negotiable Subordinated Unsecured Note Due May 30, 2009 dated December ___, 2004 issued by Borrower in favor of Xxxxxx in an aggregate original principal amount of $22,179,598.00, which, upon its execution and delivery, amends and restates the Subordinated Note." Annex A to the Credit Agreement is hereby further amended by amending and restating the following definitions in their entirety as follows:
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New Subordinated Note means each of (a) the subordinated promissory note, dated October 27, 2004, made by the Parent to RSTW, in an aggregate principal amount of $2,000,000 and (b) the subordinated promissory note, dated October 27, 2004, made by the Parent to the Sponsor, in an aggregate principal amount of $500,000.
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New Subordinated Note means a note (an "INITIAL NOTE") in the form of EXHIBIT K hereto and any note issued in exchange for, or upon transfer of, any Initial Note (or any note so issued upon exchange or transfer), in each case in accordance with the terms of the Initial Notes or an indenture in the form of Exhibit A to the Initial Notes.
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New Subordinated Note means the New Subordinated Note, --------------------- dated November 6, 1996, in the principal amount of $15,000,000 and made by Holdings to Terfin International Limited and which is stated to mature on December 31, 1996, as the same may be amended, supplemented, renewed, restated, refinanced or replaced or otherwise modified from time to time; provided that Indebtedness evidenced -------- thereby (i) shall not (A) exceed $20,000,000 in aggregate principal amount or (B) bear interest at an annual rate in excess of 13% and (ii) shall be on terms satisfactory to the Agent.
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Related to New Subordinated Note

  • 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:

  • Subordinated Note means the Subordinated Note (or collectively, the “Subordinated Notes”) in the form attached as Exhibit A hereto, as amended, restated, supplemented or modified from time to time, and each Subordinated Note delivered in substitution or exchange for such Subordinated Note.

  • 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.

  • Eligible Subordinated Debt means, at any time in respect of any issuer, each series of the issuer’s then-outstanding long-term indebtedness for money borrowed that (a) upon a bankruptcy, liquidation, dissolution or winding up of the issuer, ranks subordinate to the issuer’s then outstanding series of indebtedness for money borrowed that ranks most senior, (b) is then assigned a rating by at least one NRSRO (provided that this clause (b) shall apply on a Redesignation Date only if on such date the issuer has outstanding subordinated long-term indebtedness for money borrowed that satisfies the requirements in clauses (a), (c) and (d) that is then assigned a rating by at least one NRSRO), (c) has an outstanding principal amount of not less than $100,000,000, and (d) was issued through or with the assistance of a commercial or investment banking firm or firms acting as underwriters, initial purchasers or placement or distribution agents. For purposes of this definition as applied to securities with a CUSIP number, each issuance of long-term indebtedness for money borrowed that has (or, if such indebtedness is held by a trust or other intermediate entity established directly or indirectly by the issuer, the securities of such intermediate entity that have) a separate CUSIP number shall be deemed to be a series of the issuer’s long-term indebtedness for money borrowed that is separate from each other series of such indebtedness.

  • 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.

  • 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.

  • 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.

  • Debt Security or “Debt Securities” has the meaning stated in the first recital of this Indenture and more particularly means any debt security or debt securities, as the case may be, of any series authenticated and delivered under this Indenture.

  • Senior Note means, for a Supplemental Loan, if any, each Multifamily Note secured by a Senior Instrument.

  • 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.

  • Subordinated Security or “Subordinated Securities” means any Security or Securities designated pursuant to Section 301 as a Subordinated Security.

  • 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).

  • Additional Senior Debt Facility means each indenture or other governing agreement with respect to any Additional Senior Debt.

  • 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.

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

  • Secured Note means each promissory note with a related security interest evidenced by written agreement, pursuant to which the purchase of specified assets by an Obligor or End-User is financed for specified monthly, quarterly, semiannual or annual payments.

  • Supplemental Note means, for each Supplemental Loan (whether one or more), if any, the Multifamily Note secured by the Supplemental Instrument for that Supplemental Loan.

  • Fifth Supplemental Indenture means the Fifth Supplemental Indenture, dated as of November 27, 2009, among the Company, the Guarantors and the Trustee.

  • 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.

  • 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;

  • Sixth Supplemental Indenture means the supplemental indenture dated as of July 1, 1960, hereinbefore referred to.

  • Permitted Subordinated Debt means unsecured Indebtedness incurred by the Borrowers and any Subsidiary Guarantors (a) that is subordinated to the obligations of the Borrowers to pay principal of and interest on the Loans, Reimbursement Obligations, fees and other amounts payable hereunder and under the other Loan Documents, (b) that does not mature or have scheduled amortization or payments of principal prior to the date that is ninety-one (91) days after the Latest Maturity Date at the time such Indebtedness is incurred, (c) the terms of which do not require the Borrowers or any of their Subsidiaries to repurchase, repay or redeem such Indebtedness (or make an offer to do any of the foregoing) upon the happening of any event (other than as a result of an event of default thereunder or pursuant to customary “change of control” provisions or asset sale offers) prior to the 91st day following the Latest Maturity Date at the time such Indebtedness is incurred and (d) the documentation for which provides for covenants, events of default and terms that the Borrowers determine are market for similar financings at the time such Indebtedness is issued; provided that in no event shall such documentation contain any financial maintenance covenant (which term does not apply to incurrence-based financial tests that may be included in such documentation); provided, further, that at the time of incurrence, on a pro forma basis after giving effect to the incurrence of such Indebtedness, Borrowers shall be in compliance with Section 8.10 as of the last day of the most recent fiscal quarter of the Borrowers for which financial statements are available.

  • 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.

  • Defeased Note shall have the meaning set forth in Section 2.4.1(a)(v) hereof.

  • 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.