New Senior Notes Clause Samples
The "New Senior Notes" clause defines the terms and conditions related to a new series of senior debt securities issued by a company. Typically, this clause outlines the principal amount, interest rate, maturity date, and priority of these notes over other forms of debt, ensuring that holders of the New Senior Notes are paid before junior creditors in the event of liquidation. By clearly specifying the rights and obligations associated with these notes, the clause provides certainty to investors and helps the company structure its capital in a way that attracts financing while managing risk.
New Senior Notes. The Parent Borrower shall have consummated the issuance of the New Senior Notes on terms reasonably satisfactory to the Lead Arrangers.
New Senior Notes. The Company and the Domestic Subsidiaries shall have executed and delivered the New Indenture, the New Senior Notes and all related agreements, instruments and documents, and the Company shall have received at least $250,000,000 of gross cash proceeds thereof.
New Senior Notes. The issuance of the New Senior Notes consisting of at least $300 million in face principal amount of the Borrower's 11 7/8% Senior Notes due 2006 shall have been consummated or shall be consummated simultaneously on the B Term Closing Date, in each case in all material respects in accordance with the terms hereof and the terms of the relevant documentation therefor (and without the waiver of any such terms).
New Senior Notes. Any New Senior Notes issued on or before the Effective Date shall be unsecured and unguaranteed, and the interest rate, covenants, defaults, remedies and all other material terms thereof shall be reasonably satisfactory to Administrative Agent.
New Senior Notes. If (i) any New Senior Notes had been issued prior to, or are issued on, the Closing Date, ▇▇▇▇▇▇▇▇ Tobacco shall have duly authorized, executed and delivered a guaranty of such New Senior Notes that satisfies the requirements of the agreements governing same (which guaranty will be reasonably satisfactory to the Senior Managing Agents) and (ii) any New Senior Notes had been issued prior to the Closing Date and the proceeds of such issuance had been deposited in a trust arrangement provided for in the agreements governing the New Senior Notes, all amounts so deposited in such trust arrangement shall have been released to the Borrower.
New Senior Notes. The Administrative Agent shall have received evidence reasonably satisfactory to it that substantially contemporaneous with the effectiveness of this Amendment, the Borrower shall have issued New Senior Notes in an aggregate principal amount of at least $500,000,000.
New Senior Notes. Remington’s 10 1/2% Senior Notes in the aggregate principal amount of $200,000,000, due 2011. New Senior Notes Indenture - the Indenture dated as of January 24, 2003, pursuant to which, among other things, U. S. Bank and Trust, National Association is appointed and serves as Indenture Trustee for the holders of the New Senior Notes. Non-Excluded Taxes - as defined in Section 5.10 of this Agreement. Notes - each Revolver Note, the Settlement Note and any other promissory note executed by Borrowers at Agent’s request to evidence any of the Obligations.
New Senior Notes. (a) On the Effective Date, (i) the Borrower shall have received gross cash proceeds of $198,000,000 from the issuance by it of the New Senior Notes and (ii) the Borrower shall have utilized the full amount of the net cash proceeds received from the issuance of the New Senior Notes to make payments owing in connection with the Transaction prior to utilizing any proceeds of the Loans for such purpose.
(b) On or prior to the Effective Date, there shall have been delivered to the Administrative Agent true and correct copies of the New Senior Note Documents, and all of the terms and conditions of the New Senior Note Documents (including, without limitation, amortization, maturities, interest rates, covenants, defaults, remedies and sinking fund provisions) shall be in substantial conformity with the description thereof in the New Senior Note Offering Memorandum, and with such other terms as are reasonably acceptable to the Agents.
New Senior Notes. Promptly after the same are sent, copies of all financial statements and reports which the Borrower or any of its Subsidiaries sends to holders of the New Senior Notes (to the extent not otherwise delivered to the Banks pursuant to this Section 7.01) and promptly after the same are filed, copies of all financial statements and regular, periodical or special reports which the Borrower of any of its Subsidiaries may make to, or file with, the SEC."
5. Section 7 of the Credit Agreement is hereby further amended by adding at the end of said section the following new clause:
New Senior Notes. On the Restatement Effective Date, the Borrower shall have received gross cash proceeds of $225,000,000 from the issuance by it of a like principal amount of New Senior Notes and shall have utilized the full amount of the cash proceeds to make payments owing in connection with the Transaction prior to the utilization by the Borrower of any proceeds of Loans for such purpose. On the Restatement Effective Date, (w) the issuance of the New Senior Notes shall have been consummated in accordance with the terms and conditions of the Senior Notes Documents and all applicable law, (x) the Administrative Agent shall have received true and correct copies of all New Senior Notes Documents, (y) all New Senior Notes Documents and all terms and conditions thereof (including, without limitation, amortization, maturities, interest rates, covenants, defaults and remedies) shall be in form and substance reasonably satisfactory to each Agent and the Required Lenders and (z) all such New Senior Notes Documents shall be in full force and effect. All conditions precedent to the consummation of the issuance of the New Senior Notes as set forth in the New Senior Notes Documents shall have been satisfied, and not waived unless consented to by each Agent, to the reasonable satisfaction of each Agent.