Status of Notes. The Notes shall be known as unsecured fixed rate exchange loan notes. The Notes shall be issued in registered form and shall be transferable in accordance with the provisions of this Instrument.
Status of Notes. 3.1 The Notes when issued and outstanding shall rank pari passu, equally and rateably, without discrimination or preference among themselves and as unsecured obligations of the Company.
3.2 The Notes shall be issued and held subject to and with the benefit of the provisions of this Deed (including the Conditions). All such provisions shall be binding on the Company and the Noteholders and all Persons claiming through or under them respectively and shall enure for the benefit of all Noteholders.
Status of Notes. The Notes constitute direct, unconditional, unsubordinated and secured non-recourse obligations of the Trust and rank equally among themselves.
Status of Notes. The Notes and Coupons constitute direct, senior, unconditional and (subject to Condition 4) unsecured obligations of the Issuer and rank pari passu without any preference among themselves and with all other present or future (subject as aforesaid) unsecured and unsubordinated obligations of the Issuer (other than obligations which are preferred by bankruptcy, liquidation or other similar laws of general application).
Status of Notes. Notes will constitute unsecured and unsubordinated obligations of the relevant Issuer and will rank pari passu among themselves and pari passu with all other unsecured and unsubordinated obligations of the relevant Issuer.
Status of Notes. 3.1 The Notes when issued and outstanding shall rank pari passu, equally and rateably, without discrimination or preference among themselves and as unsecured obligations of the Company.
3.2 The Notes shall be issued and held subject to and with the benefit of the provisions of this Instrument (including the Conditions). All such provisions shall be binding on the Company and the Noteholders and all persons claiming through or under them respectively and shall enure for the benefit of all Noteholders.
3.3 No Notes shall be issued or deemed issued pursuant to this Instrument until Closing (as defined in the Securities Purchase Agreement) has occurred in accordance with the terms and conditions of the Securities Purchase Agreement.
Status of Notes. The Notes are direct, unsubordinated and unsecured obligations of the Australian Borrower and rank at least equally among themselves with all other unsecured and unsubordinated obligations of the Australian Borrower except for liabilities mandatorily preferred by law.
Status of Notes. The Initial Noteholder has been informed by the Company that neither the Notes nor the Conversion Stock have been (or will be) registered under the Securities Act or under any state securities laws (except pursuant to Section 10 of this Agreement) and are being offered and sold in reliance upon federal and state exemptions for transactions not involving any public offering.
Status of Notes. The Notes and Coupons constitute direct, general, unconditional, unsubordinated and (subject to Condition 4) unsecured obligations of the Issuer and, in the event of insolvency (concurso) of the Issuer, will (unless they qualify as subordinated debts under Article 92 of Spanish Act 22/2003, of 9 July 2003 (Ley Concursal) (the “Spanish Insolvency Act”) or equivalent legal provision which replaces it in the future, and subject to any legal and statutory exceptions) rank pari passu without any preference among themselves and with all other outstanding unsecured and unsubordinated indebtedness and monetary obligations of the Issuer, present and future.
Status of Notes. The Issuer agrees, and each holder of a Note by accepting a Note agrees, that the indebtedness evidenced by the Notes is unsubordinated and unsecured indebtedness of the Issuer ad will rank equal in right of payment with each series of Existing Notes and all other unsubordinated unsecured indebtedness of the Issuer and the Notes will be senior in right of payment to all other subordinated indebtedness of the Issuer. The Paying Agent may continue to make payments on the Notes and shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of such payment until it receives notice reasonably satisfactory to it that payments are not be made under this Section 4 and, prior to the receipt of such notice, the Paying Agent shall be entitled to assume conclusively that no such facts exist.
