Existing Bonds. Not less than $75,000,000 in aggregate principal amount of the Subordinated Bonds (2003 Series) shall have been defeased, exchanged for Subordinated Bonds, redeemed or otherwise retired, and a notice of redemption for the remaining balance of the Subordinated Bonds (2003 Series) shall have been issued to the trustee for the Subordinated Bonds (2003 Series) in accordance with the provisions of the “Subordinated Bond Indenture” as defined in the Original Loan Agreement and shall provide for a redemption no later than February 15, 2007. All of the Secured Bonds (2003 Series) shall have been repurchased by Neenah pursuant to the tender offer documents issued by Neenah on December 15, 2006.
Existing Bonds. Section 1.1
Existing Bonds. Schedule 3.23 contains a true and complete list of all Existing Bonds and, to the Knowledge of Seller, the Existing Bonds are all bonds necessary to operate the Business as conducted by the Company on the date hereof.
Existing Bonds. Buyer understands that as at the date hereof, -------------- Sellers have posted bonds in the aggregate amount of $3,100,000 with applicable governmental agencies or authorities in order to secure its reclamation obligations in respect of the Property. Buyer further understands that, as of the date hereof, Sellers have also posted with the issuing surety company, as collateral, cash in the amount of approximately $2,100,000 with such issuing surety in order to secure its obligations under those bonds.
Existing Bonds. To Atlas' knowledge, the amount of the Existing Bonds is sufficient to cover the existing reclamation obligations pertaining to the Property as set forth in the Exploration Permits (using current cost and pricing assumptions).
Existing Bonds. Section 3.01. Pursuant to the provisions of the Existing Indenture, bonds that have been duly issued and are presently Outstanding and secured by the Existing Indenture, and which will, pursuant to Section 18.12 continue to be secured by this Indenture are as follows:
Existing Bonds. Prepay, redeem or repurchase the Existing Bonds unless (a) prior to and after giving effect to such prepayment, redemption or repurchase, there shall be no Default or Event of Default, (b) the Borrower has delivered to the Administrative Agent not less than five (5) Business Days prior notice of such proposed prepayment, redemption or repurchase accompanied by calculations demonstrating, in a format satisfactory to the Administrative Agent, that (i) the making of such prepayments, redemption or repurchase will not cause a Default or Event of Default on a projected basis for the next two fiscal quarters of the Borrower and (ii) during the thirty (30) days prior to the making of such prepayment, redemption or repurchase and immediately thereafter, the lesser of the Borrowing Base and the Total Commitment shall exceed the sum of Loans, the Maximum Drawing Amount and all Unpaid Reimbursement Obligations by not less than $25,000,000, and (c) such prepayment, redemption or repurchase is otherwise permitted under the Indenture.
Existing Bonds. 17.1. The Bidder undertakes to arrange for the cancellation of all and any mortgage bonds, collateral mortgage bonds, notarial bonds or collateral notarial bonds registered against the Property at the cost of the Bidder, simultaneously with the transfer to be effected into the name of the NGB.
Existing Bonds. Review and evaluate existing bonds that the Town holds on previous developments. This would include historical records research as well as field observations of current conditions that would result in providing options to the Town on feasible alternatives for moving forward with closing out these bonds/developments. Attendance at Town meetings would be anticipated to assist the Staff in summarizing the findings to the BOMA or PC as appropriate.
Existing Bonds. On 10 June 2008, the Company completed its acquisition of (i) 49% interest in Inner Mongolia Mengxi Minerals Company Limited, a Sino-foreign joint venture company set up to own and operate a coking coal mine in Inner Mongolia in the People’s Republic of China; and (ii) 70% stake in Ordos GEM Coal & Chemical Co., Ltd., another Sino-foreign joint venture company established to build and operate coal processing plants. Details of such acquisition are set out in the Company’s circular dated 30 April 2008. The acquisition was financed in part by the issue of Existing Bonds in the aggregate principal amount of HK$770,000,000. The Existing Bonds were created in the original aggregate principal amount of up to HK$920,000,000 but at completion of the acquisition, only HK$770,000,000 aggregate principal amount of the Existing Bonds were issued. At as the date hereof, the aggregate outstanding principal amount of the Existing Bonds in respect of which no conversion right has been exercised is HK$340,000,000 and are held by Glimmer and Pacific Top in the proportion shown below: Principal Amount of Outstanding and Unconverted Bondholder Existing Bonds held Glimmer HK$211,000,000 Pacific Top HK$129,000,000 Total HK$340,000,000 Currently interest on the Existing Bonds is charged at the rate of 1% per annum and is payable at the time of conversion or redemption. The Existing Bonds are convertible into Shares at a floating conversion price (but not less than HK$0.01 per Share, being the par value of one Share) subject to the cap of HK$1.30 per Share. Under the Conditions, each Existing Bond may be converted into a maximum of 1,000,000 Shares (being the Conversion Cap), which is subject to increase and adjustment in the manner stipulated in the Conditions. If upon conversion of an Existing Bond, the number of Shares required to be issued by the Company exceeds the Conversion Cap, only the amount of Shares up to the Conversion Cap will be issued and the balance of the principal amount of such Existing Bond not so converted (being the Unconverted Principal) shall be redeemed by the Company by payment in cash of the Conversion Cap Payment. Currently, the Company is entitled to cancel and to redeem in cash all the Existing Bonds at any point in time after the third anniversary of the date of issue of the Existing Bonds and prior to the Maturity Date of 10 June 2013 at 135% of their principal amount together with accrued interest.
