Exchange of Prior Notes for Exchange Securities Sample Clauses

Exchange of Prior Notes for Exchange Securities. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7, as applicable, the Company shall issue to each Holder, in exchange for the aggregate principal amount of Prior Notes as set forth opposite such holder’s name in column (6) on the Schedule of Holders, the following securities (collectively, the “Exchange Securities”):
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Exchange of Prior Notes for Exchange Securities. On the Closing Date, (i) each Holder shall have tendered the aggregate principal amount of Prior Notes as set forth opposite such Holder’s name in column (6) for exchange, and (ii) the Company shall deliver to each Holder (a) the Exchange Notes in the aggregate principal amount as is set forth opposite such Holder’s name in column (7) on the Schedule of Holders, duly executed on behalf of the Company and registered on the books and records of the Company in the name of such Holder or its designee, (b) the Exchange Shares in the aggregate amount as is set forth opposite such Xxxxxx’s name in column (8) on the Schedule of Holders, duly executed on behalf of the Company and registered on the books and records of the Company in the name of such Holder or its designee and (c) any interest then accrued on the aggregate principal amount of the Prior Notes (which such interest rate shall be at the Default Interest rate and accrue as of October 1, 2023) being exchanged and repaid pursuant to this Agreement.
Exchange of Prior Notes for Exchange Securities. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7, as applicable, the Company shall, in reliance upon the exemptions from securities registration afforded by Section 3(a)(9) of the 1933 Act, issue to each Holder, in exchange for the Prior Securities, (i) an Exchange Note in the aggregate principal amount of Exchange Notes as set forth opposite such Holder’s name in column (7) on the Schedule of Holders, (ii) a Note Exchange Warrant exercisable for the aggregate number of Warrant Shares as set forth opposite such Holder’s name in column (8) on the Schedule of Holders and (iii) a Warrant Exchange Warrant exercisable for the aggregate number of Warrant Shares as set forth opposite such Holder’s name in column (10) on the Schedule of Holders.

Related to Exchange of Prior Notes for Exchange Securities

  • The Exchange Securities On the Closing Date, the Exchange Securities (including the related guarantees) will have been duly authorized by the Company and each of the Guarantors and, when duly executed, authenticated, issued and delivered as contemplated by the Registration Rights Agreement, will be duly and validly issued and outstanding and will constitute valid and legally binding obligations of the Company, as issuer, and each of the Guarantors, as guarantor, enforceable against the Company and each of the Guarantors in accordance with their terms, subject to the Enforceability Exceptions, and will be entitled to the benefits of the Indenture.

  • Exchange Notes The 6.500% Notes due 2029 of the same series under the Indenture as the Notes, to be issued to Holders in exchange for Registrable Notes pursuant to this Agreement.

  • Exchange Securities The 9.50% Senior Notes due 2020, of the same series under the Indenture as the Initial Notes and the Guarantees attached thereto, to be issued to Holders in exchange for Transfer Restricted Securities pursuant to this Agreement.

  • Transfer and Exchange of Definitive Notes for Beneficial Interests A Holder of a Definitive Note may exchange such Note for a beneficial interest in a Global Note or transfer such Definitive Notes to a Person who takes delivery thereof in the form of a beneficial interest in a Global Note at any time. Upon receipt of a request for such an exchange or transfer, the Trustee shall cancel the applicable Definitive Note and increase or cause to be increased the aggregate principal amount of one of the Global Notes.

  • 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.”

  • Exchange of Securities Upon receipt of Instructions, the Custodian will exchange Securities held by it for a Fund for other Securities or cash paid in connection with any reorganization, recapitalization, merger, consolidation, conversion, or similar event, and will deposit any such Securities in accordance with the terms of any reorganization or protective plan. Unless otherwise directed by Instructions, the Custodian is authorized to exchange Securities held by it in temporary form for Securities in definitive form, to surrender Securities for transfer into a name or nominee name as permitted in Section 4(b)(2), to effect an exchange of shares in a stock split or when the par value of the stock is changed, to sell any fractional shares, and, upon receiving payment therefor, to surrender bonds or other Securities held by it at maturity or call.

  • Registration Exchange Substitution of Notes 14.1 Registration of Notes 14.2 Transfer and Exchange of Notes 14.3 Replacement of Notes

  • Transfer and Exchange of Definitive Notes for Beneficial Interests in Global Notes Transfers and exchanges of Definitive Notes for beneficial interests in the Global Notes also shall require compliance with either subparagraph (i), (ii) or (iii) below, as applicable:

  • Transfer and Exchange of Definitive Securities for Beneficial Interests in Global Securities Transfers and exchanges of beneficial interests in the Global Securities also shall require compliance with either subparagraph (i), (ii) or (ii) below, as applicable:

  • Exchange of Notes A Noteholder may exchange Notes for other Notes of the same Class by surrendering the Notes to be exchanged at the office or agency of the Issuer maintained under Section 3.2. If the requirements of Section 8-401(a) of the UCC are met, the Issuer will execute, the Indenture Trustee will authenticate and the Noteholder will receive from the Indenture Trustee new Notes of the same Class, in the same principal amount.

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