New Convertible Notes. 22 9 1/8% Senior Notes......................................... 22
New Convertible Notes. The New Convertible Notes shall have been issued or shall be issued contemporaneously with the Closing.
New Convertible Notes. This Convertible Note may be divided or combined with other Convertible Notes upon presentation hereof at the aforesaid office of the Company, together with a written notice specifying the names and denominations in which new Convertible Notes are to be issued, signed by the Holder or its agent or attorney. Subject to compliance with Section 4(a), as to any transfer that may be involved in such division or combination, the Company shall execute and deliver a new Convertible Note or Convertible Notes in exchange for the Convertible Note or Convertible Notes to be divided or combined in accordance with such notice. All Convertible Notes issued on transfers or exchanges shall be dated the original Issue Date and shall be identical with this Convertible Note except as to the number of Convertible Note Shares, said Convertible Note Shares being that Common Stock that may be issued upon conversion of this Convertible Note, issuable pursuant thereto.
New Convertible Notes. The Borrower shall have received Net Cash Proceeds from the issuance of the New Convertible Notes in an amount of not less than $48,500,000, on terms and conditions and pursuant to documentation satisfactory in all respects to the Administrative Agent and such Net Cash Proceeds shall have been used to redeem a like amount (less any premium and fees) of the 2007 Convertible Notes.
New Convertible Notes. The Borrower shall have entered into Exchange Agreements for New Convertible Notes in an aggregate principal amount of $50,000,000 and delivered to the Lenders the final form of New Convertible Notes which shall be on terms reasonably satisfactory to the Required Lenders including with respect to the subordination provisions therein.
