Maxcom Telecomunicaciones, S. A.B. de C.V., a sociedad anónima bursátil de capital variable organized under the laws of Mexico (the “Company” or the “Issuer”), promises to pay interest on the principal amount of this Note at 6% per annum from (and including) the Issue Date to (and excluding) June 14, 2016, 7% per annum from (and including) June 15, 2016 to (and excluding) June 14, 2018, and 8% per annum from (and including) June 15, 2018 to (and excluding) June 15, 2020. The Company shall pay interest semi-annually in arrears on June 15 and December 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “Interest Payment Date”). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be December 15, 2013. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal, interest and premium, if any, from time to time on demand at a rate that is 2% per annum in excess of the then applicable interest rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.
Maxcom Telecomunicaciones, S. A.B. de C.V., a sociedad anónima bursátil de capital variable organized under the laws of Mexico (the “Company” or the “Issuer”), promises to pay interest on the principal amount of this Note at 8% per annum from (and including) the Issue Date to (and excluding) [ ], 2024. The Company shall pay interest semi-annually in arrears on [ ] and [ ] of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an “Interest Payment Date”). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided further that the first Interest Payment Date shall be [ ], 20[ ]. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal, interest and premium, if any, from time to time on demand at a rate that is 2% per annum in excess of the then applicable interest rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.
Maxcom Telecomunicaciones, S. A.B. ) Case No. 13-[_____] ([___]) DE C.V., et al.,1 ) ) (Joint Administration Requested) ) Debtors. ) ) )
Maxcom Telecomunicaciones, S. A. de C.V. ------------------------------------------------------ By: Xxxxxxx Xxxxxxx Iturbide and Xxxxx Xxxxx Xxxxxx Xxxxxx. The parties hereto sign Exhibit "2" to the Agreement to acknowledge their acceptance, and agreed to the terms and conditions contained herein on April the 13th of 2005.
Maxcom Telecomunicaciones, S. A. de C.V. Ixe Banco, S.A., Institucion de Banca Multiple, Ixe Grupo Financiero. (Two illegible signatures) (Blank) --------------------------------- --------------------------- Represented by Messrs. Represented by: Xxxxxxx Xxxxxxx Iturbide and Xxxxxxxx Xxxxx Xxxxxxx and Xxxxx Xxxxx Xxxxxx Xxxxxx. Xxxxxxx Xxxxx Xxxxxx Xxxxx. EXHIBIT 3 EXHIBIT "3" THAT SETS FORTH THE AFFIRMATIVE AND NEGATIVE COVENANTS OF BORROWER UNDER THE UNSECURED CREDIT AGREEMENT WHICH NUMBER, DATE OF EXECUTION AND PARTIES THERETO ARE INDICATED HEREINBELOW (HEREINAFTER "THE AGREEMENT"). AGREEMENT NUMBER: 05cs24 CHECKING ACCOUNT NUMBER: 0000000-D
Maxcom Telecomunicaciones, S. A. de C.V. (Two illegible signatures) ----------------------------------------------------------- By: Xxxxxxx Xxxxxxx Iturbide and Xxxxx Xxxxx Xxxxxx Xxxxxx.
Maxcom Telecomunicaciones, S. A. de C.V. Magdalena No. 000 Xxxxxxx Xxx Xxxxx 00000 Mexico, D.F. Telecopier No.: (52) 0 000-0000 Attention: Gonzxxx Xxxxxxx Xxxrxxxx With a copy to: Proskauer Rose LLP 1585 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Telecopier No.: (212) 000-0000 Attention: Carlxx X. Xxxxxxxx, Xxq. In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. Any notice pursuant to this Agreement to be given by the Company or by the registered holder(s) of any Warrant to the Warrant Agent shall be sufficiently given when and if deposited in the mail, first-class or registered, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company) to the Warrant Agent as follows: The Bank of New York 101 Xxxxxxx Xxxxxx, Floor 21W New York, New York 10286 Telecopier No: (212) 000-0000 Attention: Global Trust Trustee Administrator
Maxcom Telecomunicaciones, S. A. de C.V.
Maxcom Telecomunicaciones, S. A. de C.V., as borrower (the "Borrower"); and Maxcom SF, S.A. de C.V., as joint and several obligor (the "Joint and Several Obligor"), in accordance with the following antecedents, representations and clauses: ANTECEDENTS AND REPRESENTATIONS
Maxcom Telecomunicaciones, S. A.B. de C.V. (“Maxcom”) and its debtor affiliates, as debtors and debtors in possession (each, a “Debtor” and, collectively, the “Debtors”), propose this Plan (as such term is defined below) for the resolution of the Claims (as such term is defined below) against and Interests (as such term is defined below) in each of the Debtors pursuant to chapter 11 of the Bankruptcy Code (as such term is defined below). Holders of Claims and Interests (as such terms are defined below) should refer to the Disclosure Statement (as such term is defined below) for a discussion of the Debtors’ history, businesses, assets, results of operations, historical financial information, and projections of future operations, as well as a summary and description of this Plan.
