Second Notes definition

Second Notes means the second subordinated convertible 9% notes issuable by the Parent pursuant to a certain Second Unit Indenture dated May 1, 2003 between Computershare Trust Company of Canada and the Parent.
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Second Notes means the Second Notes forming part of the Second Units.
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Second Notes is defined in Section 2.
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Examples of Second Notes in a sentence

  • No reference to this Amendment need be made in any instrument or document making reference to the Second Notes; any reference to the Second Notes in any such instrument or document shall be deemed a reference to the Second Notes as amended hereby.

  • The Second Notes as amended hereby shall be binding upon the parties thereto and their respective assigns and successors.

  • Except as expressly amended by this Amendment, the terms and provisions of the Second Notes shall continue in full force and effect.

  • Subject to the satisfaction (or waiver) of the conditions set forth in Sections 1(c), 6(b) and 7(b) below, the Company shall issue and sell to each Buyer, and each Buyer severally agrees to purchase from the Company, the Second Notes, each in the principal amount as set forth opposite such Buyer's name on the Schedule of Buyers (the "SECOND CLOSING").

  • The Mortgagor represents and warrants that it will receive substantial benefit as a result of the execution, delivery, and performance of the Second Priority Indenture, the Second Notes and the Collateral Documents.

  • The obligations of the Mortgagor contained in this Section 2.5 shall survive the termination hereof and the discharge of the Mortgagor's other obligations under this Mortgage and the Second Priority Indenture, the Second Notes and the Collateral Documents.

  • The Company’s working capital, excluding any debt owed to Ault Lending or any of its affiliates and the Notes, shall increase by a minimum of $250,000 per quarter for the quarters ending December 31, 2023 and March 31, 2024 and $500,000 per quarter thereafter while the New Notes or the Second Notes, if applicable, remain outstanding.

  • The First Notes, the Second Notes, the Third Notes and the Fourth Notes shall be replaced in their entirety with amended notes in the form attached hereto as Exhibit G.

  • At least 115% of the number of shares of Common Stock necessary to satisfy all of the Company's obligations pursuant to the First Notes and Second Notes have been duly authorized and reserved for issuance upon conversion of the Notes.

  • The Company’s representations and warranties are qualified in their entirety by reference to such conflict described herein and in Section 4(c) of the Second Notes Amendment and by any other breach of, or conflict with, the 5% Minimum Requirement.


More Definitions of Second Notes

Second Notes shall have the meaning ascribed to such term in Section 2.1(b).
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Related to Second Notes

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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

  • 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.

  • 2022 Notes means the Borrower’s 5.00% Convertible Senior Notes due 2022.

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

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

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

  • Existing Notes means, collectively, the Existing Senior Guaranteed Notes and the Existing Senior Notes.

  • Series D Notes is defined in Section 1.

  • 2013 Notes means the 4.375% Senior Secured Notes due 2023 and the 5.950% Senior Secured Notes due 2043 issued by the Issuer on March 18, 2013.

  • 2012 Notes means the 5.125% Senior Secured Notes due 2022 issued by the Issuer on July 2, 2012.

  • Trust Notes As defined in the Introductory Statement.

  • 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.

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

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

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

  • 2023 Notes means the 6 7/8% Notes due 2023 issued by NTL pursuant to the 1988 Indenture.

  • 2018 Notes means the Company’s 7.75% Senior Subordinated Notes due 2018 issued under the Indenture dated December 14, 2010 among the Company, Holdings and the subsidiary guarantors from time to time party thereto and The Bank of New York Mellon Trust Company, N.A., as Trustee.