Common use of Status of the Bonds Clause in Contracts

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 preferred by law, and without any preference among them. (h) 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. (i) 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 in any jurisdiction other than Sweden, where action for that purpose is required. Each Bondholder must inform itself about, and observe, any applicable restrictions to the transfer of material relating to the Issuer or the Bonds.

Appears in 4 contracts

Samples: Terms and Conditions, Amendment and Restatement Agreement, Amendment and Restatement Agreement

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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 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 initial nominal amount of each (i) SEK Initial Bond is SEK 10,000, (ii) NOK Bond is NOK 10,000, and (iii) USD Bond is USD EUR 1,000 (the "Initial 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 maximum total nominal amount of the Initial Bonds is SEK 335,000,000 (or its equivalent in NOK or USD)EUR 215,000,000. All Initial Bonds are issued on a fully paid basis at an issue price of 100 per cent. of the Initial Nominal Amount. (d) Provided that (i) no Event of Default The minimum permissible investment in the Initial Bond Issue is continuing or would result from such issue, the Issuer may, at one occasion, issue First Subsequent BondsEUR 100,000. (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)and provided that no Subsequent Bond Issues may be carried out during the Waiver Period, the Issuer may, at one or several occasions, issue Further Subsequent Bonds. Bonds (f) each such issue, a "Subsequent Bond Issue"). Subsequent Bonds shall benefit from and be subject to the Finance Documents, and, for the avoidance of doubt, the applicable ISIN, the interest rateInterest Rate, the currency, the nominal amount Nominal Amount and the final maturity Final Maturity Date 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 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) EUR 315,000,000 unless a consent from the Bondholders is obtained in accordance with Clause 18(g)(i16(e)(i). Each Subsequent Bond shall entitle its holder to Interest in accordance with Clause 9(a8(a), and otherwise have the same rights as the Initial Bonds. (gf) The Bonds constitute direct, generalunconditional, secured, unconditional unsubordinated and unsubordinated secured obligations of the Issuer and shall at all times rank (i) without any preference among them and (ii) at least pari passu with all direct, unconditional, unsubordinated and unsecured and unsubordinated obligations of the Issuer, except (A) those obligations which are mandatorily preferred by law, law and without any preference among them(B) the super senior ranking of the Super Senior Debt and the Revolving Loan Debt in accordance with the Intercreditor Agreements. (hg) 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. (ih) 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 in any jurisdiction other than Sweden, where action for that purpose is required. Each Bondholder must inform itself about, and observe, any applicable restrictions to the transfer of material relating to the Issuer or the Bonds.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement, Terms and Conditions

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 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 initial nominal amount of each (i) SEK Initial Bond is SEK 10,000, (ii) NOK Bond is NOK 10,000, and (iii) USD Bond is USD EUR 1,000 (the "Initial 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 maximum total nominal amount of the Initial Bonds is SEK 335,000,000 (or its equivalent in NOK or USD)EUR 150,000,000. All Initial Bonds are issued on a fully paid basis at an issue price of 100 per cent. of the Initial Nominal Amount. (d) Provided that (i) no Event of Default The minimum permissible investment in the Initial Bond Issue is continuing or would result from such issue, the Issuer may, at one occasion, issue First Subsequent BondsEUR 100,000. (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)met, the Issuer may, at one or several occasions, issue Further Subsequent Bonds. Bonds (f) each such issue, a "Subsequent Bond Issue"). Subsequent Bonds shall benefit from and be subject to the Finance Documents, and, for the avoidance of doubt, the applicable ISIN, the interest rateInterest Rate, the currency, the nominal amount Nominal Amount and the final maturity Final Maturity Date 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 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) EUR 350,000,000 unless a consent from the Bondholders is obtained in accordance with Clause 18(g)(i16(e)(i). Each Subsequent Bond shall entitle its holder to Interest in accordance with Clause 9(a8(a), and otherwise have the same rights as the Initial Bonds. (gf) The Bonds constitute direct, generalunconditional, secured, unconditional unsubordinated and unsubordinated secured obligations of the Issuer and shall at all times rank (i) without any preference among them and (ii) at least pari passu with all direct, unconditional, unsubordinated and unsecured and unsubordinated obligations of the Issuer, except (A) those obligations which are mandatorily preferred by law, law and without any preference among them(B) the super senior ranking of the Super Senior Debt and the Revolving Loan Debt in accordance with the Intercreditor Agreements. (hg) 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. (ih) 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 in any jurisdiction other than Sweden, where action for that purpose is required. Each Bondholder must inform itself about, and observe, any applicable restrictions to the transfer of material relating to the Issuer or the Bonds.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement, Amendment and Restatement Agreement

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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 EUR 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 agrees, and by acquiring Bonds, each subsequent Bondholder confirms, (i) that the Bonds shall benefit from and be subject to the Finance Documents and (ii) agrees to be bound by acquiring Bonds, each subsequent Bondholder confirms such agreementthese Terms and Conditions and the other Finance Documents. (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 EUR 100,000 (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) The minimum permissible investment upon issuance of the Bonds (including with respect to any Subsequent Bonds) is EUR 100,000. (e) Provided that (i) the Incurrence Test is met and that 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 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 total nominal amount of the Bonds (the Initial initial Bonds and all Subsequent Bonds) may not exceed SEK 650,000,000 EUR 70,000,000. (f) Except as set out in Clause 5 (Transfer restrictions) below, and subject to any restrictions to which a Bondholder may be subject due to local law or its equivalent in NOK or USD) unless a consent from otherwise, the Bondholders is obtained in accordance with Clause 18(g)(i)Bonds are freely transferrable. Each Subsequent Bond shall entitle its holder to Interest in accordance Bondholder must ensure compliance with Clause 9(a), local laws and otherwise have the same rights as the Initial Bondsregulations applicable at their own cost and expense. (g) The Bonds constitute direct, general, securedunconditional, unconditional unsubordinated and unsubordinated secured obligations of the Issuer and shall at all times rank pari passu with all direct, unconditional, unsubordinated and unsecured and unsubordinated obligations of the Issuer, except those obligations which are mandatorily preferred by law, and without any preference among them. (h) The Bonds are freely transferable but As of the Bondholders may be subject to purchase or transfer restrictions with regard to the BondsFirst Issue Date, 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. (i) No 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 in any jurisdiction other than Swedenjurisdiction, where action for that purpose is required. Each Bondholder must inform itself about, and observe, any applicable restrictions to the transfer of material relating to the Issuer or the Bonds.

Appears in 1 contract

Samples: Amendment and Restatement Agreement

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