Retired Notes Sample Clauses

Retired Notes. In the event that the funds held in the Securities Account exceed the respective amounts provided for in Section 3 hereof (or, in the event an interest payment or payments have been made, an amount sufficient to provide for payment in full of any interest payment remaining, up to and including such scheduled interest payments), the Required Holders will be permitted to release to the Company any such excess amount if no Default or Event of Default or event that with the lapse of time, or the giving of notice, or both, would constitute an Event of Default, then exists under the Notes.
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Retired Notes. In the event a portion of the Notes has been ------------- retired by the Company, funds representing four interest payments on the retired Notes shall, upon the written request of the Company to the Escrow Agent and the Indenture Trustee, be paid to the Company upon compliance with the release of collateral provisions contained in Section 314(d) of the TIA and upon receipt of a notice relating thereto from the Indenture Trustee.
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Retired Notes. In the event a portion of the Notes has been retired by the Company and submitted to the Trustee for cancellation and there is no Default or Event of Default under the Indenture, funds representing the lesser of (A) the excess of the amount sufficient to pay interest through and including January 1, 2000 on the Notes not so retired and (B) the interest payments which have not previously been made on such retired Notes for each Interest Payment Date through the Interest Payment Date to occur on January 1, 2000 shall, upon written request of the Trustee to the Escrow Agent, be paid to the Company. The Trustee shall provide such notice to the Escrow Agent (i) upon receipt of notice of similar effect from the Company and (ii) upon compliance with the release of collateral provisions of the TIA to the extent applicable.
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Retired Notes. In the event that a portion of the Notes has been retired by the Issuers and submitted to the Trustee for cancellation and there is no Default or Event of Default under the Indenture, funds representing the lesser of (i) the excess of the then Available Funds over the amount sufficient to pay interest through and including August 1, 1999 on the Notes not so retired and (ii) the interest payments which have not previously been made on such retired Notes for each Interest Payment Date through the Interest Payment Date to occur on August 1, 1999 shall, upon written request of the Trustee to the Escrow Agent, be paid to the Issuers. The Trustee shall provide such notice to the Escrow Agent (A) upon receipt of notice of similar effect from the Issuers (which notice from the Issuers shall set forth the calculations to determine such lesser amount) and (B) upon compliance with the release of collateral provisions of the TIA to the extent required by the Indenture.
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Retired Notes. In the event that prior to the fourth Interest Payment Date a portion of the Notes has been retired by the Company and submitted to the Trustee for cancellation and there is no Default or Event of Default under the Indenture, funds representing interest that would have been due on such retired Notes through and including the fourth Interest Payment Date less any amounts due to Escrow Agent shall, upon receipt of a Payment Notice and Disbursement Request in substantially the form of Exhibit A attached hereto, be paid to the Company. The Trustee shall provide such order to Escrow Agent (i) upon receipt of notice of similar effect from, and certification of such retirement by, the Company, which notice and certification shall be provided to Escrow Agent and (ii) upon the Company's compliance with the release of collateral provisions of the TIA to the extent applicable.
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Retired Notes. In the event a portion of the Notes has been retired by ------------- the Parent and submitted to the Trustee for cancellation and there is no Default or Event of Default under the Indenture, the lesser of (A) any amounts remaining in the Securities Account that are in excess of the amount sufficient to pay interest through and including the First Six Scheduled Interest Payments on the Notes not so retired and (B) the interest payments which have not previously been made on such retired Notes for each Interest Payment Date through the First Six Scheduled Interest Payments shall, upon the written request of the Pledgor to the Securities Intermediary and the Trustee, be paid to the Pledgor upon compliance with the release of collateral provisions of the TIA and upon receipt by the Securities Intermediary of a notice relating thereto from the Trustee.
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Retired Notes. In the event a portion of the Notes has been ------------- retired by the Company and submitted to the Trustee for cancellation and there is no Default or Event of Default under the Indenture and no Additional Interest is accruing or remains unpaid, funds representing the lesser of (A) the excess of the amount sufficient to pay interest through and including March 1, 1999 on the Notes not so retired and (B) the interest payments which have not previously been made on such retired Notes for each Interest Payment Date through the Interest Payment Date to occur on March 1, 1999 shall, upon the written request of the Company to the Escrow Agent and the Trustee, be paid to the Company upon compliance with the release of collateral provisions of the TIA (such compliance to be determined as set forth in an Opinion of Counsel reasonably satisfactory to the Escrow Agent) and upon receipt by an Escrow Agent of a notice relating thereto from the Trustee.
Sample 1
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Retired Notes. In the event a portion of the Notes has been retired by the Company and submitted to the Trustee for cancellation and there is no Event of Default under the Indenture, funds representing the excess over the amount sufficient to pay interest through and including the fifth Interest Payment Date on the Notes not so retired and any amounts due to the Escrow Agent shall, upon written request of the Trustee to the Escrow Agent, be paid to the Company. The Trustee shall provide such notice to the Escrow Agent (i) upon receipt of notice of similar effect from, and certification of such retirement by, the Company, which notice and certification shall be provided to the Escrow Agent and (ii) upon the Company's compliance with the release of collateral provisions of the TIA to the extent applicable.
Sample 1
Retired Notes. In the event a portion of the Notes has been ------------- retired by the Company and submitted to the Trustee for cancellation and there is no Default or Event of Default under the Indenture, funds representing the lesser of (A) the excess of the amount sufficient to pay interest through and including August 15, 1998 on the Notes not so retired and (B) the interest payments which have not previously been made on such retired Notes for each Interest Payment Date through the Interest Payment Date to occur on August 15, 1998 shall, upon written request of the Company to the Escrow Agent and the Trustee, be paid to the Company upon compliance with the release of collateral provisions of the TIA and upon receipt by the Escrow Agent of a notice relating thereto from the Trustee.
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Related to Retired Notes

  • Subordinated Notes The Subordinated Notes have been duly authorized by the Company and when executed by the Company and issued, delivered to and paid for by the Purchasers in accordance with the terms of the Agreement, will have been duly executed, authenticated, issued and delivered, and will constitute legal, valid and binding obligations of the Company and enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally or by general equitable principles.

  • Senior Notes Notwithstanding the foregoing, the following additional provisions shall apply to Senior Notes:

  • Replaced Notes If a Note is replaced pursuant to Section 2.13, then such Note will cease to be outstanding at the time of its replacement, unless the Trustee and the Company receive proof reasonably satisfactory to them that such Note is held by a “bona fide purchaser” under applicable law.

  • Registered Notes The Company shall cause to be kept at its principal office a register for the registration and transfer of the Notes, and the Company will register or transfer or cause to be registered or transferred, as hereinafter provided, any Note issued pursuant to this Agreement. At any time and from time to time the holder of any Note which has been duly registered as hereinabove provided may transfer such Note upon surrender thereof at the principal office of the Company duly endorsed or accompanied by a written instrument of transfer duly executed by the holder of such Note or its attorney duly authorized in writing. The Person in whose name any Note shall be registered shall be deemed and treated as the owner and holder thereof for all purposes of this Agreement. Payment of or on account of the principal, premium, if any, and interest on any Note shall be made to or upon the written order of such holder.

  • 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.

  • New Notes For so long as a Note is not included in a Securitization, the Holder of such Note (the “Resizing Holder”) shall have the right, subject to the terms of the Mortgage Loan Documents, to cause the Borrower to execute amended and restated notes (“Amended Notes”) or additional notes (“New Notes”) reallocating the principal of the Note or Notes that it owns (but in no case any Note that it does not then own) among Amended Notes and New Notes or severing a Note into one or more further “component” notes in the aggregate principal amount equal to the then outstanding principal balance of the Note or Notes being amended or created, provided that (i) the aggregate principal balance of the Amended Notes and New Notes following such amendments is no greater than the principal balance of the Amended Notes and New Notes prior to such amendments, (ii) all New Notes continue to have the same interest rate as the Amended Note of which it was a part prior to such amendments, (iii) all New Notes pay pro rata and on a pari passu basis with the Amended Notes and such reallocated or component notes shall be automatically subject to the terms of this Agreement and (iv) the Resizing Holder holding the New Notes shall notify each other Holder, as applicable, and, if any other Note has been included in a securitization, the parties under each applicable PSA, in writing (which may be by email) of such modified allocations and principal amounts. In connection with the foregoing, (1) the Master Servicer is hereby authorized to execute amendments to the Loan Agreement and this Agreement (or to amend and restate the Loan Agreement and this Agreement) on behalf of any or all of the Holders for the purpose of reflecting such reallocation of principal or such severing of a Note, (2) if a Note is severed into “component” notes, such component notes shall each have their same rights as the respective original Note, (3) the definition of the term “Securitization” and all of the related defined terms may be amended (and new terms added, as necessary) to reflect the New Notes and (4) if Note A-1 is severed into “component” notes, another note (or one of the New Notes) may be substituted for Note A-1 in the definition of “Designated Holder” and “Directing Holder” and the definitions of “Lead Note” and “Lead Securitization” and “Non-Directing Holder” will be revised accordingly. Neither Rating Agency Confirmation nor approval of the Directing Holder shall be required for any amendments to this Agreement required to facilitate the terms of this Section 18(a). The Resizing Holder whose Note is being reallocated or split pursuant to this Section 18(a) shall reimburse the other Holders for all costs and expenses incurred by the other Holders in connection with the reallocation or split.

  • Senior Subordinated Notes The subordination provisions contained in the Senior Subordinated Notes and in the other Senior Subordinated Note Documents are enforceable against the Borrower and the holders of the Senior Subordinated Notes, and all Obligations are within the definition of "Senior Debt" included in such subordination provisions.

  • The Senior Notes Section 2.01.

  • Initial Notes and Additional Notes On the Initial Closing Date, (i) each Buyer shall pay its respective Initial Purchase Price (less, in the case of Hxxxxx Bay Master Fund Ltd. ("Hxxxxx Bay"), the amounts withheld by such Buyer pursuant to Section 4(g)) to the Company for the Initial Notes and the Initial Warrants to be issued and sold to such New Buyer at the Initial Closing, by wire transfer of immediately available funds in accordance with the Company's written wire instructions and (ii) the Company shall deliver to each New Buyer (A) an Initial Note in the aggregate original principal amount as is set forth opposite such Buyer's name in column (3) of the Schedule of Buyers and (B) an Initial Warrant pursuant to which such New Buyer shall have the right to acquire up to such number of Initial Warrant Shares as is set forth opposite such New Buyer's name in column (4) of the Schedule of Buyers, in all cases, duly executed on behalf of the Company and registered in the name of such New Buyer or its designee. On each Additional Closing Date, (i) each applicable New Buyer shall pay its respective Additional Purchase Price (less, in the case of Hxxxxx Bay, the amounts withheld by such Buyer pursuant to Section 4(g)) to the Company for the Additional Notes and the Additional Warrants to be issued and sold to such New Buyer at the Additional Closing, by wire transfer of immediately available funds in accordance with the Company's written wire instructions and (ii) the Company shall deliver to each New Buyer (A) an Additional Note in an aggregate original principal amount equal to the applicable Additional Note Purchase Amount and (B) an Additional Warrant pursuant to which such Buyer shall have the right to acquire up to that number of shares of Common Stock equal to the number of Additional Conversion Shares underlying the Additional Notes to be purchased by such Buyer in such Additional Closing, based on the initial Fixed Conversion Price, in all cases, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

  • Initial Notes On the Issue Date, there will be originally issued four hundred million dollars ($400,000,000) aggregate principal amount of Notes, subject to the provisions of this Indenture (including Section 2.02). Notes issued pursuant to this Section 2.03(A), and any Notes issued in exchange therefor or in substitution thereof, are referred to in this Indenture as the “Initial Notes.”

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