Status of the Bonds. (a) The SEK Bonds are denominated in Swedish Kronor, the NOK Bonds are denominated in NOK and the USD Bonds are denominated in USD and each Bond is constituted by these Terms and Conditions. The Issuer undertakes to make payments in relation to the Bonds and to comply with these Terms and Conditions.
(b) By subscribing for Bonds, each initial Bondholder agrees that the Bonds shall benefit from and be subject to the Finance Documents and by acquiring Bonds, each subsequent Bondholder confirms such agreement.
(c) The Nominal Amount of each (i) SEK Bond is SEK 10,000, (ii) NOK Bond is NOK 10,000, and (iii) USD Bond is USD 1,000 (the "Nominal Amount"). The minimum permissible investment upon issuance of (i) SEK Bonds is SEK 1,000,000, (ii) NOK Bonds is NOK 1,000,000, and (iii) USD Bonds is 200,000. The minimum Total Nominal Amount of the Initial Bonds is SEK 335,000,000 (or its equivalent in NOK or USD). All Initial Bonds are issued on a fully paid basis at an issue price of 100 per cent. of the Nominal Amount.
(d) Provided that (i) no Event of Default is continuing or would result from such issue, the Issuer may, at one occasion, issue First Subsequent Bonds.
(e) Provided that (i) no Event of Default is continuing or would result from such issue and (ii) the Incurrence Test is met (tested pro forma including such Financial Indebtedness), the Issuer may, at one or several occasions, issue Further Subsequent Bonds.
(f) Subsequent Bonds shall benefit from and be subject to the Finance Documents, and, for the avoidance of doubt, the applicable ISIN, the interest rate, the currency, the nominal amount and the final maturity applicable to the Initial Bonds shall apply to Subsequent Bonds. The issue price of the Subsequent Bonds may be set at a discount or at a premium compared to the Nominal Amount. The maximum Total Nominal Amount of the Bonds (the Initial Bonds and all Subsequent Bonds) may not exceed SEK 650,000,000 (or its equivalent in NOK or USD) unless a consent from the Bondholders is obtained in accordance with Clause 18(g)(i). Each Subsequent Bond shall entitle its holder to Interest in accordance with Clause 9(a), and otherwise have the same rights as the Initial Bonds.
(g) The Bonds constitute direct, general, secured, unconditional and unsubordinated obligations of the Issuer and shall at all times rank pari passu with all direct, unconditional, unsecured and unsubordinated obligations of the Issuer, except those obligations which are mandatorily prefe...
Status of the Bonds. (a) The Bonds are denominated in SEK and each Bond is constituted by these Terms and Conditions. The Issuer undertakes to make payments in relation to the Bonds and to comply with these Terms and Conditions.
(b) By subscribing for Bonds, each initial Bondholder agrees that the Bonds shall benefit from and be subject to the Finance Documents and by acquiring Bonds, each subsequent Bondholder confirms such agreement.
(c) The Nominal Amount of each Initial Bond is SEK 1,000,000. All Initial Bonds are issued on a fully paid basis at an issue price of 100 per cent. of the Nominal Amount.
(d) The minimum permissible investment upon issuance of the Bonds (including with respect to any Subsequent Bonds) is SEK 1,000,000.
(e) Following an issue of a Compliance Certificate, the Issuer may, at one or several occasions, issue Subsequent Bonds. Subsequent Bonds shall benefit from and be subject to the Finance Documents, and, for the avoidance of doubt, the ISIN, the interest rate, the nominal amount and the final maturity applicable to the Initial Bonds shall apply to Subsequent Bonds. The issue price of the Subsequent Bonds may be set at a discount or at a premium compared to the Nominal Amount. The maximum total nominal amount of the Bonds (the Initial Bonds and all Subsequent Bonds) may not exceed SEK 300,000,000 unless a consent from the Bondholders is obtained in accordance with Clause 17(e)(i). Each Subsequent Bond shall entitle its holder to Interest in accordance with Clause 9(a), and otherwise have the same rights as the Initial Bonds.
(f) The Bonds constitute direct, general, unconditional, unsubordinated and secured obligations of the Issuer and shall at all times rank at least pari passu with all direct, unconditional, unsubordinated and unsecured obligations of the Issuer, except those obligations which are mandatorily preferred by law, and without any preference among them.
(g) Except as set out in Clause 5 (Transfer Restrictions) below, the Bonds are freely transferable but the Bondholders may be subject to purchase or transfer restrictions with regard to the Bonds, as applicable, under local laws to which a Bondholder may be subject. Each Bondholder must ensure compliance with such restrictions at its own cost and expense.
(h) No action is being taken in any jurisdiction that would or is intended to permit a public offering of the Bonds or the possession, circulation or distribution of any document or other material relating to the Issuer or the Bonds i...
Status of the Bonds the Bonds will constitute direct, secured, unconditional and unsubordinated obligations of the Issuer and will at all times rank at least pari passu with all other present and future unsecured obligations of the Issuer other than those preferred by statute or applicable law;
Status of the Bonds. The Bonds will constitute senior debt obligations of the Issuer. The Bonds will rank pari passu between themselves and will rank at least pari passu with all other obligations of the Issuer (save for such claims which are preferred by bankruptcy, insolvency, liquidation or other similar laws of general application).
Status of the Bonds. Subject to the Intercreditor Agreement, the Bonds constitute direct, general, unconditional, unsubordinated and secured obligations of the Issuer and shall at all times rank at least pari passu with all direct, general, unconditional, unsubordinated and unsecured obligations of the Issuer, except those obligations which are mandatorily preferred by law, and without any preference among them.
Status of the Bonds. The Bonds constitute (subject to Condition 3) direct, general, unsecured and unconditional obligations of the Issuer and shall at all times rank pari passu and without any preference among themselves. The payment obligations of the Issuer under the Bonds shall, save for such exceptions as may be provided by applicable legislation and subject to Condition 3, at all times rank at least equally with all its other present and future unsecured and unsubordinated obligations.
Status of the Bonds. 2.1 The Issuer will on the Issue Date issue Bonds in an aggregate Nominal Amount of NOK 136,000,000. The Bonds are denominated in NOK and each Bond is constituted by these Terms and Conditions. The Issuer undertakes to make payments in relation to the Bonds and to comply with these Terms and Conditions.
2.2 By subscribing for Bonds, and upon registration of the Bonds in the CSD, each initial Bondholder agrees that the Bonds shall benefit from and be subject to the Finance Documents and by acquiring Bonds, each subsequent Bondholder confirms such agreement.
2.3 The Bonds constitute unsubordinated obligations of the Issuer and shall at all times rank pari passu and without any preference among them and at least pari passu with all other unsubordinated obligations of the Issuer, except obligations which are preferred by mandatory law and except as otherwise provided in the Finance Documents. The Bonds are secured.
Status of the Bonds. 8.1 The Bonds shall be senior debt of the Issuer. The Bonds shall rank at least pari passu with all other obligations of the Issuer (save for such claims which are preferred by bankruptcy, insolvency, liquidation or other similar laws of general application) and shall rank ahead of subordinated debt.
8.2 The Bonds are unsecured.
Status of the Bonds. (a) The Bonds are denominated in Euro and each Bond is constituted by these Terms and Conditions. The Issuer undertakes to make payments in relation to the Bonds and to comply with these Terms and Conditions.
(b) By subscribing for Bonds, each initial Bondholder agrees that the Bonds shall benefit from and be subject to the Finance Documents and by acquiring Bonds, each subsequent Bondholder confirms such agreement.
(c) The nominal amount of each Initial Bond is EUR 0.01 (the “Nominal Amount”). The maximum total nominal amount of the Initial Bonds is EUR 70,000,000. Each Bond in the CSD, will be registered with a minimum trading unit of EUR 100,000 (the “Minimum Trading Unit”), meaning that the Bonds can only be traded in portions having an aggregated nominal amount of EUR 100,000 or, if greater, an even multiple of EUR 0.01. In case a Bondholder who, as a result of a partial redemption (as specified in Clause 9.3 (Voluntary partial redemption), Clause 9.4 (Mandatory redemption of some or all of the Bonds upon receipt of Exit Proceeds) and Clause 9.7 (Voluntary partial redemption upon an Equity Claw Back (call option)), holds an amount which is less than the Minimum Trading Unit in his account would need to purchase a principal amount of Bonds such that the aggregated Nominal Amount held by that investor, equals or exceeds the Minimum Trading Unit. A Bondholder who, as a result of trading such amounts, holds an amount which is less than the Minimum Trading Unit in its account with the CSD will not be able to sell the remainder of such holding without first purchasing a principal amount of the Bonds at or in excess of the Minimum Trading Unit such that its holding amounts to the Minimum Trading Unit or above. All Initial Bonds are issued on a fully paid basis at an issue price of 100 per cent. of the Nominal Amount.
(d) The minimum permissible investment in a Bond Issue is EUR 100,000.
(e) The Issuer may, at one or several occasions after the First Issue Date, issue Subsequent Bonds (each such issue, a “Subsequent Bond Issue”), until the total aggregate amount under such Subsequent Bond Issue(s) and the Initial Bond Issue equals EUR 125,000,000 less any amounts repaid under Clause 9.3 (Voluntary partial redemption), Clause 9.4 (Mandatory redemption of some or all of the Bonds upon receipt of Exit Proceeds) and Clause 9.7 (Voluntary partial redemption upon an Equity Claw Back (call option)), always provided that the Debt Incurrence Test (tested pro forma inc...
Status of the Bonds. The Bonds constitute direct, unconditional, unsubordinated and secured obligations of the Issuer and shall at all times rank pari passu with all general, direct, unconditional, unsubordinated and unsecured obligations of the Issuer and without any preference among themselves and at least pari passu with any present or future obligation which (i) is issued by the Issuer and the obligations under which rank or are expressed to rank pari passu with the Issuer’s obligations under the Bonds, or (ii) benefits from a guarantee or support agreement expressed to rank pari passu with its obligations under the Bonds, save for certain mandatory exceptions provided by statutory law.
