Future PIK Notes Sample Clauses

Future PIK Notes. Solely to the extent the Regulatory Approvals required for the issuance of any Cumulative Preferred Shares have not been obtained prior to the relevant Subsequent Closing, the relevant Cumulative Preferred Shares may instead take the form of (a) payment-in-kind notes (the “Future PIK Notes”) on terms consistent with the relevant series of Cumulative Preferred Shares that would otherwise have been issued had the relevant Regulatory Approvals been obtained and otherwise substantially the same as the PIK Notes issued on the Note Purchase Initial Sale Date or (b) in the case of the Sierra Preferred Shares only, Sierra PIK Notes (as defined in the Second Amendment). In the Event any Future PIK Notes are required to be issued, (1) the Issuer agrees to continue to use reasonable best efforts to obtain the requisite Regulatory Approvals following the issuance of such Future PIK Notes, (2) once the requisite Regulatory Approvals have been obtained, such Future PIK Notes shall be refinanced with a concurrent issuance of Cumulative Preferred Shares in substantially the same manner as the PIK Notes are being refinanced by the PIK Refinancing Preferred Shares on the Initial Subscription Date and (3) the parties agree to negotiate in good faith and make such amendments to the Preferred Shares Documents as are deemed necessary or appropriate, including (i) to permit the Future PIK Notes and the Cumulative Preferred Shares to remain outstanding simultaneously and
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Related to Future PIK Notes

  • Special Notes The Seller’s warranty replacement and aftermarket service parts will be made available through Authorized Wholesalers, Distributors, certain OEM and National Accounts or from Seller directly depending on the market place. Only the Seller’s certified parts are to be used for in-warranty replacement of defective parts supplied on the Seller’s products. All warranty parts are shipped either freight collect or pre-paid and charged via the most economical means as determined by the Seller. The Seller reserves the right to furnish refurbished parts for service replacements. The Seller reserves the right to replace defective part(s) on an assembly rather than replacing the complete assembly. The Seller reserves the right to inspect all parts removed and or replaced in the course of effecting repairs that will be invoiced to the Seller under the terms and conditions of the warranty policy. This inspection time and location is at the discretion of Seller. All in-warranty parts that are defective and not required to be returned to the Seller MUST NOT be scrapped until a warranty credit is issued. Special circumstances may dictate that a certain item must be returned to the Seller for analysis. Care must be taken to avoid premature disposal of any part(s) prior to authorization or issuance of a credit note.

  • Additional Notes The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without notice to or consent of the Holders of the Notes, create and issue pursuant to this Indenture additional Notes (“Additional Notes”) having terms and conditions set forth in this Supplemental Indenture, identical to the Notes issued on the date hereof, except that Additional Notes may:

  • ISSUE OF REPLACEMENT NOTES, COUPONS AND TALONS 13.1 The Issuer will cause a sufficient quantity of additional forms of Notes, Coupons and Talons to be available, upon request, to the Agent at its specified office for the purpose of issuing replacement Notes, Coupons and Talons as provided below.

  • Special Note The net present value calculation used to determine whether a loan should be modified based on the modification process above is distinct and different from the net present value calculation used to determine the covered loss if the loan is modified. Please refer only to the net present value calculation described in this exhibit for the modification process, with its separate assumptions, when determining whether to provide a modification to a borrower. Separate assumptions may include, without limitation, Assuming Bank’s determination of a probability of default without modification, a probability of default with modification, home price forecasts, prepayment speeds, and event timing. These assumptions are applied to different projected cash flows over the term of the loan, such as the projected cash flow of the loan performing or defaulting without modification and the projected cash flow of the loan performing or defaulting with modification. By contrast, the net present value for determining the covered loss is based on a 10 year period. While the assumptions in the net present value calculation used in the modification process may change, the net present value calculation for determining the covered loss remains constant. EXHIBIT 4.15B COMMERCIAL AND OTHER ASSETS SHARED-LOSS AGREEMENT This agreement for reimbursement of loss sharing expenses on certain loans and other assets (the “Commercial Shared-Loss Agreement”) shall apply when the Assuming Bank purchases Shared-Loss Assets as that term is defined herein. The terms hereof shall modify and supplement, as necessary, the terms of the Purchase and Assumption Agreement to which this Commercial Shared-Loss Agreement is attached as Exhibit 4.15B and incorporated therein. To the extent any inconsistencies may arise between the terms of the Purchase and Assumption Agreement and this Commercial Shared-Loss Agreement with respect to the subject matter of this Commercial Shared-Loss Agreement, the terms of this Commercial Shared-Loss Agreement shall control. References in this Commercial Shared-Loss Agreement to a particular Section shall be deemed to refer to a Section in this Commercial Shared-Loss Agreement unless the context indicates that a Section of the Purchase and Assumption Agreement is intended.

  • General Notes 1. The listing below, may or may not contain all of the potential Project Design Criteria for a Project.

  • Notes If so requested by any Lender by written notice to the Borrower (with a copy to the Administrative Agent), the Borrower shall execute and deliver to such Lender (and/or, if applicable and if so specified in such notice, to any Person who is an assignee of such Lender pursuant to Section 10.6) (promptly after the Borrower’s receipt of such notice) a Note or Notes to evidence such Lender’s Loans.

  • Value Label Notes Iss Rev UBR Unabridged edition Where a title has also been published in an abridgededition; also for audiobooks, regardless of whether an abridged audio version also exists 0 28 ULP Ultra large print edition For print sizes 20pt and above, and with typefaces designed for the visually impaired – see also LTE 6 28 UNN Edition with unnumbered copies A limited edition in which each copy is not individually numbered – but where the actual number of copies is strictly limited. Use <EditionStatement> to give details of the number of copies printed 30 UXP Unexpurgated edition Content previously considered ‘offensive’ has been restored 0 28 VAR Variorum edition Content includes notes by various commentators, and/orincludes and compares several variant texts of the same work 0 28 List 22 Language role 0 01 Language of text 0 02 Original language of a translated text Where the text in the original language is NOT part of the current product 0 03 Language of abstracts Where different from language of text: used mainly for serials 0 06 Original language in a multilingual edition Where the text in the original language is part of a bilingual or multilingual product 5 07 Translated language in a multilingual edition Where the text in a translated language is part of a bilingual or multilingual product 5 08 Language of audio track For example, on an audiobook or video product. Use for the only available audio track, or where there are multiple tracks (eg on a DVD), for an alternate language audio track that is NOT the original. (In the latter case, use code 11 for the original language audio if it is included in the product, or code 10 to identify an original language that is not present in the product) 7 42 09 Language of subtitles For example, on a DVD 7 10 Language of original audio track Where the audio in the original language is NOT part of the current product 35 11 Original language audio track in a multilingual product Where the audio in the original language is part of a multilingual product with multiple audio tracks 35 12 Language of notes Use for the language of footnotes, endnotes, annotations or commentary, etc, where it is different from thelanguage of the main text 35 List 23 Extent type 0

  • Guidance notes 2. The number of the clause which requires the data is shown in the left hand column for each statement however other clauses may also use the same data

  • ISSUE OF GLOBAL NOTES 3.1 Subject to subclause 3.4, following receipt of a faxed copy of the applicable Final Terms signed by the Issuer, the Issuer authorises the Agent and the Agent agrees, to take the steps required of the Agent in the Procedures Memorandum.

  • Replacement Notes If any mutilated Note is surrendered to the Trustee or the Company and the Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Note, the Company will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Note if the Trustee’s requirements are met. If required by the Trustee or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Company to protect the Company, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Note is replaced. The Company may charge for its expenses in replacing a Note. Every replacement Note is an additional obligation of the Company and will be entitled to all of the benefits of this Indenture equally and proportionately with all other Notes duly issued hereunder.

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