Issuance of PIK Notes Sample Clauses

Issuance of PIK Notes. (a) In connection with any payment of the portion of Stated Interest in respect of the Notes that the Company is required pursuant to Section 2.03(c) to effect payment in the form of PIK Interest, the Company shall, without the consent of the Holders of the Notes, make such payment of PIK Interest by increasing the principal amount of the Global Notes to reflect such PIK Interest payable on such Global Notes or by issuing additional Physical Notes to Holders of Physical Notes to reflect such PIK Interest payable on such Physical Notes (the Notes represented by the increase to the principal amount of Global Notes or by such additional Physical Notes, as applicable, the “PIK Notes”) under this Indenture on the same terms and conditions as the Notes (in each case, a “PIK Payment”); and upon any PIK Payment being so effected, such portion of Stated Interest shall be deemed to have been paid in full; provided, that any such amount of PIK Interest shall be rounded up to the nearest $1.00; provided, further, that in the case of any PIK Payment on a Global Note, the Company shall deliver a Company Order to the Trustee and the Trustee shall, upon receipt of such a Company Order, increase the principal amount of such Global Note by such PIK Payment. The Initial Notes, any Additional Notes and any PIK Notes (and any Replacement Notes in respect thereof) shall be treated as a single class for all purposes under this Indenture, including directions, waivers, amendments, consents, liquidating distributions and offers to purchase, and none of the Holders of any Initial Notes, any Additional Notes or any PIK Notes (and any Replacement Notes in respect thereof) shall have the right to vote or consent as a separate class on any matter to which such Holders are entitled to vote or consent. Any PIK Payment made with respect to an unrestricted Note shall be in the form of (i) with respect to owners of beneficial interests in an unrestricted Global Note, an increase of the principal amount of such unrestricted Global Note or (ii) with respect to Holders of unrestricted Physical Notes, by issuance of new unrestricted Physical Notes. Following an increase in the principal amount of the outstanding Global Notes as a result of a PIK Payment, the Global Notes shall bear interest on such increased principal amount from and after the date of such PIK Payment. Any PIK Notes issued as Physical Notes shall be dated as of the applicable Interest Payment Date and shall bear interest from a...
AutoNDA by SimpleDocs
Issuance of PIK Notes. The Company shall be entitled to issue PIK Notes as provided in Section 4.01 hereof. With respect to such PIK Notes, the Company shall deliver to the Trustee;
Issuance of PIK Notes. The Company shall pay interest on the Notes in cash and by issuing PIK Notes on the terms and in the amounts set forth in the Notes. No later than one Business Day prior to the relevant interest payment date, the Company shall deliver an Authentication Order to the Trustee to authenticate and deliver the PIK Notes. PIK Notes shall, after being executed and authenticated pursuant to Section 2.02, be (i) delivered by the Trustee to such Holders as of the relevant record date at such Holders’ registered address that hold Definitive Notes or (ii) deposited with or on behalf of the Depositary for the benefit of the beneficial owners of the Notes as of the relevant record date with respect to Global Notes. All PIK Notes will mature on the same date as the Initial Notes and will be governed by, and subject to the terms, provisions and conditions of, this Indenture and will have the same rights and benefits as the Initial Notes. The payment of accrued interest in connection with any redemption or repurchase of Notes as described in Section 3.07, 4.06 or 4.10 shall be made solely in cash.
Issuance of PIK Notes. The Company shall be entitled to issue PIK Notes under this Indenture which shall have identical terms as the Initial Notes. The Initial Notes and any PIK Notes shall be treated as a single class for all purposes under this Indenture. With respect to any PIK Notes, the Company shall deliver to the Trustee:
Issuance of PIK Notes. With respect to any PIK Notes required to be issued in connection with the payment of Additional PIK Interest, the Company shall deliver to the Trustee, no later than one Business Day prior to the relevant Interest Payment Date an order to authenticate and deliver such PIK Notes. Any PIK Notes shall, after being executed and authenticated pursuant to Section 2.02, be (i) delivered by the Trustee to the Holders as of the relevant record date at such Holders’ registered address if the Notes are then held in the form of Physical Notes or (ii) deposited with or on behalf of the Depository for the benefit of the beneficial owners of the Notes as of the relevant record date if the Notes are held in the form of Global Notes. ARTICLE THREE
Issuance of PIK Notes. The Issuers shall be entitled to issue PIK Notes under this Indenture which shall have identical terms as the Notes issued on the Issue Date. The Notes issued on the Issue Date and any PIK Notes shall be treated as a single class for all purposes under this Indenture. With respect to any PIK Notes, the Issuers shall deliver to the Trustee and the Paying Agent:
Issuance of PIK Notes. At all times, PIK Interest on the Notes will be payable by issuing PIK Notes in certificated form in an aggregate principal amount equal to the amount of PIK Interest for the applicable interest period (rounded down to the nearest whole dollar), and the Company will execute and deliver such PIK Notes in certificated form for original issuance to the Holder of this Note on the first Interest payment date of each calendar year. Between the annual issuance of PIK Notes, the Company shall maintain book-entry notation of the PIK Notes issuable to the Holder of this Note on each Interest payment date. The Company agrees to provide certification to the Holder of the accrued and unissued PIK Notes at any time upon the written request of the Holder. Any PIK Notes issued in certificated form will be dated as of the date of issuance, will bear interest from the date of each book-entry or physical issuance of PIK Notes (i.e. from each quarterly Interest payment date for which PIK Notes are accrued), at the Interest Rate specified in this Note. All PIK Notes issued pursuant to a PIK Payment will mature on the Maturity Date and will be governed by, and subject to the terms, provisions and conditions of, the Note Purchase Agreement and otherwise on terms identical to this Note (other than initial Principal amount), and shall have the same rights and benefits as the Notes. Any certificated PIK Notes will be issued with the description “PIK” on the face of such PIK Note.
AutoNDA by SimpleDocs
Issuance of PIK Notes. (a) The Company shall be entitled to issue PIK Notes under this Indenture, which PIK Notes shall have identical terms as the Notes in respect of which such PIK Notes are being issued in lieu of the payment of interest in cash on any Note (including a PIK Note); provided that the aggregate principal amount thereof shall be equal to the amount of such interest (rounded to the nearest whole cent).
Issuance of PIK Notes. (a) The Issuer shall be entitled to issue PIK Notes under this Indenture as interest on the Notes in accordance with Section 2.14(b) hereof without the consent of the Holders.
Issuance of PIK Notes. (a) Until the first Interest Payment Date that occurs 91 days after the Senior Credit Facility Termination Date, the Company shall issue PIK Notes under this Indenture in lieu of the payment of interest in cash on the Notes, which PIK Notes shall have identical terms as the Notes in respect of which such PIK Notes are being issued; provided, however, that:
Time is Money Join Law Insider Premium to draft better contracts faster.