1998 Notes Sample Clauses

1998 Notes. Until the 1998 Notes shall be paid in full, the Company shall apply to the prepayment of the 1998 Notes, without premium, the sum of Four Million Five Hundred Thousand Dollars ($4,500,000) on November 22, 2006 and November 22, 2007 and such principal amounts of the 1998 Notes, together with interest thereon to the prepayment dates, shall become due on such prepayment dates. The remaining principal amount of the 1998 Notes, together with interest accrued thereon, shall become due on the maturity date of the 1998 Notes.
Sample 1
AutoNDA by SimpleDocs
1998 Notes. 10 Section 2.5 Series Interest Rate.................................14
Sample 1
1998 Notes. During the related Series Initial Period, each Series shall bear interest at the Series Initial Rate for such Series. Thereafter, except with respect to an Auction Period Adjustment, the 1998 Notes (other than the Subordinate Series B Notes) shall bear interest at a Series Interest Rate based on a 28-day Auction Period and, with respect to the Subordinate Series B Notes, at a Series Interest Rate based on an Auction Period of approximately one year, as determined pursuant to this Section 2.4. For each Series of 1998 Notes during the Series Initial Period for such Series and each Auction Period thereafter interest at the Series Interest Rate shall accrue daily and shall be computed for the actual number of days elapsed on the basis of a year consisting of 360 days. The Series Interest Rate to be borne by each Series of 1998 Notes (other than the Subordinate Series B Notes) after such Series Initial Period for each Auction Period prior to an Auction Period Adjustment, if any, shall be determined as herein described. Each such Auction Period shall commence on and include the day following the expiration of the immediately preceding Auction Period and terminate on and include the Auction Date for the next succeeding Auction Period, subject to adjustment as described below; provided, however, that in the case of the Auction Period that immediately follows the Series Initial Period for a Series of 1998 Notes, such Auction Period shall commence on the Series Initial Rate Adjustment Date for such Series. The Series Interest Rate on each Series of 1998 Notes for each Auction Period shall be the lesser of the (i) Net Loan Rate in effect for such Auction Period and (ii) the Auction Rate in effect for such Auction Period as determined in accordance with Section 2.5.1 hereof; provided, however, that such Series Interest Rate shall in no event exceed the Series Interest Rate Limitation, and further provided, that if on any Series Rate Determination Date an Auction is not held for any reason, then the Series Interest Rate on such Series of 1998 Notes for the next succeeding Auction Period shall be the Net Loan Rate. Notwithstanding the foregoing:
Sample 1
1998 Notes. The March 23, 1998 Notes have been cancelled and surrendered simultaneously with the execution and delivery of this Note Exchange Agreement in exchange for new notes dated June 30, 1999 (the "Notes") issued by the Company, which are issued under the terms and provisions of, and shall be governed in all respects by, this Note Exchange Agreement. All references to the Notes in this Note Exchange Agreement and the Purchase Agreement shall refer to the new notes dated June 30, 1999 issued pursuant to this Note Exchange Agreement
Sample 1
1998 Notes. Section 1.3.
Sample 1
1998 Notes. Until the 1998 Notes shall be paid in full, the Company shall apply to the prepayment of the 1998 Notes, without premium, the sum of Four Million Five Hundred Thousand Dollars ($4,500,000) on November 22, 2006 and November 22, 2007, and such principal amounts of the 1998 Notes, together with interest thereon to the prepayment dates, shall become due on such prepayment dates. In addition, on the first anniversary of the Amendment No. 4 Effective Date, the Company shall prepay an amount equal to the result of (a) all Capitalized Interest Amounts (as defined in the 1998 Notes) added to the principal amount of the 1998 Notes during the period commencing on the Amendment No. 4 Effective Date and ending on (and including) the first anniversary thereof minus (b) an amount equal to 2% per annum on the outstanding principal amount of the 1998 Notes during such period, the amount of such prepayment to be made together with interest thereon to such date, but without premium. The remaining principal amount of the 1998 Notes, together with interest accrued thereon, shall become due on the maturity date of the 1998 Notes.
Sample 1
1998 Notes the 7.33% Senior Secured Notes due January 31, 2013, in the aggregate original principal amount of $85,000,000 issued by the Operating Partnership pursuant to the 1998 Note Agreements and any extension, renewal, refunding, refinancing or replacement thereof containing terms no more restrictive than those contained in the 1998 Notes and the 1998 Note Agreements on the date hereof and otherwise permitted to be incurred and remain outstanding under SECTION 10.2(o). 1996 NOTE AGREEMENTS: the separate Note Agreements dated as of December 11, 1996, as amended by First Amendment dated as of September 1, 1998 and Second Amendment dated as of December 11, 1998, among the Operating Partnership, the General Partners and the purchasers listed in SCHEDULE A attached thereto and any agreement or agreements entered into in connection with any extension, renewal, refunding, refinancing or replacement of the 1996 Notes containing terms no more restrictive than those contained in the 1996 Note Agreements and the 1996 Notes on the date hereof and otherwise permitted to be incurred and remain outstanding under SECTION 10.2(o). 1996 NOTES: the 7.53% Senior Secured Notes due December 30, 2010, in the aggregate original principal amount of $220,000,000, issued by the Operating Partnership pursuant to the 1996 Note Agreements and any extension, renewal, refunding, refinancing or replacement thereof containing terms no more restrictive than those contained in the 1996 Notes and the 1996 Note Agreements on the date hereof and otherwise permitted to be incurred and remain outstanding under SECTION 10.2(o). NOTES: the meaning specified in SECTION 1.
Sample 1
AutoNDA by SimpleDocs
1998 Notes. Interest and supplemental interest, if any, on the unpaid balance of each Note shall be payable quarterly on January 1, April 1, July 1 and October 1 in each year, commencing with the April 1 next succeeding the date hereof, until the principal hereof shall have become due and payable.
Sample 1
1998 Notes 
Sample 1

Related to 1998 Notes

  • Senior Notes Notwithstanding the foregoing, the following additional provisions shall apply to Senior Notes:

  • Subordinated Notes The Subordinated Notes have been duly authorized by the Company and when executed by the Company and issued, delivered to and paid for by the Purchasers in accordance with the terms of the Agreement, will have been duly executed, authenticated, issued and delivered, and will constitute legal, valid and binding obligations of the Company and enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally or by general equitable principles.

  • The Senior Notes Section 2.01.

  • 4 Indenture 4 interest.......................................... 4

  • Convertible Notes The Convertible Notes are subject to different conversion calculations depending on the event triggering conversion as described in the Notes (e.g., an IPO or other liquidity event). For illustration purposes, assuming the optional conversion right is exercised today, based on the current capitalization and the $50,000,000 assumed valuation specified for an optional conversion in the Notes, there would be 4,705,224 additional shares issued; provided however, that each holder of Notes is subject to a maximum 9.99% ownership of the shares of capital stock of the Company at any one time. This illustration calculation does not account for the 6% interest component.

  • New Notes For so long as a Note is not included in a Securitization, the Holder of such Note (the “Resizing Holder”) shall have the right, subject to the terms of the Mortgage Loan Documents, to cause the Borrower to execute amended and restated notes (“Amended Notes”) or additional notes (“New Notes”) reallocating the principal of the Note or Notes that it owns (but in no case any Note that it does not then own) among Amended Notes and New Notes or severing a Note into one or more further “component” notes in the aggregate principal amount equal to the then outstanding principal balance of the Note or Notes being amended or created, provided that (i) the aggregate principal balance of the Amended Notes and New Notes following such amendments is no greater than the principal balance of the Amended Notes and New Notes prior to such amendments, (ii) all New Notes continue to have the same interest rate as the Amended Note of which it was a part prior to such amendments, (iii) all New Notes pay pro rata and on a pari passu basis with the Amended Notes and such reallocated or component notes shall be automatically subject to the terms of this Agreement and (iv) the Resizing Holder holding the New Notes shall notify each other Holder, as applicable, and, if any other Note has been included in a securitization, the parties under each applicable PSA, in writing (which may be by email) of such modified allocations and principal amounts. In connection with the foregoing, (1) the Master Servicer is hereby authorized to execute amendments to the Loan Agreement and this Agreement (or to amend and restate the Loan Agreement and this Agreement) on behalf of any or all of the Holders for the purpose of reflecting such reallocation of principal or such severing of a Note, (2) if a Note is severed into “component” notes, such component notes shall each have their same rights as the respective original Note, (3) the definition of the term “Securitization” and all of the related defined terms may be amended (and new terms added, as necessary) to reflect the New Notes and (4) if Note A-1 is severed into “component” notes, another note (or one of the New Notes) may be substituted for Note A-1 in the definition of “Designated Holder” and “Directing Holder” and the definitions of “Lead Note” and “Lead Securitization” and “Non-Directing Holder” will be revised accordingly. Neither Rating Agency Confirmation nor approval of the Directing Holder shall be required for any amendments to this Agreement required to facilitate the terms of this Section 18(a). The Resizing Holder whose Note is being reallocated or split pursuant to this Section 18(a) shall reimburse the other Holders for all costs and expenses incurred by the other Holders in connection with the reallocation or split.

  • Initial Notes and Additional Notes On the Initial Closing Date, (i) each Buyer shall pay its respective Initial Purchase Price (less, in the case of Hxxxxx Bay Master Fund Ltd. ("Hxxxxx Bay"), the amounts withheld by such Buyer pursuant to Section 4(g)) to the Company for the Initial Notes and the Initial Warrants to be issued and sold to such New Buyer at the Initial Closing, by wire transfer of immediately available funds in accordance with the Company's written wire instructions and (ii) the Company shall deliver to each New Buyer (A) an Initial Note in the aggregate original principal amount as is set forth opposite such Buyer's name in column (3) of the Schedule of Buyers and (B) an Initial Warrant pursuant to which such New Buyer shall have the right to acquire up to such number of Initial Warrant Shares as is set forth opposite such New Buyer's name in column (4) of the Schedule of Buyers, in all cases, duly executed on behalf of the Company and registered in the name of such New Buyer or its designee. On each Additional Closing Date, (i) each applicable New Buyer shall pay its respective Additional Purchase Price (less, in the case of Hxxxxx Bay, the amounts withheld by such Buyer pursuant to Section 4(g)) to the Company for the Additional Notes and the Additional Warrants to be issued and sold to such New Buyer at the Additional Closing, by wire transfer of immediately available funds in accordance with the Company's written wire instructions and (ii) the Company shall deliver to each New Buyer (A) an Additional Note in an aggregate original principal amount equal to the applicable Additional Note Purchase Amount and (B) an Additional Warrant pursuant to which such Buyer shall have the right to acquire up to that number of shares of Common Stock equal to the number of Additional Conversion Shares underlying the Additional Notes to be purchased by such Buyer in such Additional Closing, based on the initial Fixed Conversion Price, in all cases, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

  • Original Indenture The Trust Indenture and Security Agreement (Federal Express Corporation Trust No. N679FE), dated as of June 15, 1998, between the Owner Trustee and the Indenture Trustee originally executed and delivered on the Certificate Closing Date.

  • Initial Notes On the Issue Date, there will be originally issued four hundred million dollars ($400,000,000) aggregate principal amount of Notes, subject to the provisions of this Indenture (including Section 2.02). Notes issued pursuant to this Section 2.03(A), and any Notes issued in exchange therefor or in substitution thereof, are referred to in this Indenture as the “Initial Notes.”

  • Guarantees of Notes 75 Section 10.01. Subsidiary Guarantees 75 Section 10.02. [Reserved] 76 Section 10.03. Guarantors May Consolidate, etc., on Certain Terms 76 Section 10.04. Releases of Subsidiary Guarantees 77 Section 10.05. Execution and Delivery of Guaranty 77 Section 10.06. Limitation on Guarantor Liability 77

Time is Money Join Law Insider Premium to draft better contracts faster.