SURVIVOR'S OPTION x Yes o No PROSPECT CAPITAL CORPORATION, a Maryland corporation (herein called the "Company," which term includes any successor corporation under the Indenture hereinafter referred to), for value received, hereby promises to pay to CEDE & CO., or registered assigns, the Principal Amount stated above on the Maturity Date shown above, and to pay interest on each payment date and at maturity as follows: • in the case of a Security that provides for monthly interest payments, the Interest Payment Dates shall be the fifteenth day of each calendar month (or, if not a Business Day, the next succeeding Business Day), commencing the first succeeding calendar month following the month in which the Security is issued; • in the case of a Security that provides for quarterly interest payments, the Interest Payment Dates shall be the fifteenth day of every third month (or, if not a Business Day, the next succeeding Business Day), commencing in the third succeeding calendar month following the month in which the Security is issued; • in the case of a Security that provides for semi-annual interest payments, the Interest Payment Dates shall be the fifteenth day of each sixth month (or, if not a Business Day, the next succeeding Business Day), commencing in the sixth succeeding calendar month following the month in which the Security is issued; and • in the case of a Security that provides for annual interest payments, the Interest Payment Date shall be the fifteenth day of every twelfth month (or, if not a Business Day, the next succeeding Business Day), commencing in the twelfth succeeding calendar month following the month in which the Security is issued. The first payment of interest on any Security originally issued between a Record Date and an Interest Payment Date will be made on the Interest Payment Date following the next succeeding Record Date to the registered owner of such Security on such next succeeding Record Date. Unless the applicable pricing supplement states otherwise, interest on the Securities will be computed on the basis of a 360-day year of twelve 30-day months. Interest payments on this Security will include interest accrued from and including the last date in respect of which interest has been paid or duly provided for (or from and including the Original Issue Date if no interest has been paid or provided for) to but excluding the Interest Payment Date or the Maturity Date, as the case may be. If the Interest Payment Date or the Maturity for any S...
SURVIVOR'S OPTION. The Notes shall contain a provision that provides for the optional repayment of the Notes prior to their Stated Maturity, if requested by the authorized representative of the beneficial owner of those Notes (the “Representative”), following the death of the beneficial owner (a “Survivor’s Option”), so long as the Notes were owned by the beneficial owner or his or her estate at least six months prior to the request and certain documentation requirements are satisfied; provided, however, that if the terms of any such Note conflict with any provision of this Article 3, the terms of such Note shall govern. Pursuant to the valid exercise of the Survivor’s Option, the Company shall repay any Note (or portion thereof) properly tendered for repayment by the Representative under the laws of the appropriate jurisdiction (including, without limitation, the personal representative or executor of the deceased beneficial owner or surviving joint owner with such deceased beneficial owner) at a price equal to 100% of the principal amount of the deceased beneficial owner’s beneficial interest in such Note plus accrued and unpaid interest to, but not including, the date of such repayment (or at a price equal to the amortized face amount for Original Issue Discount Securities on the date of such repayment), subject to certain limitations. Any Note (or portion thereof) tendered pursuant to a valid exercise of the Survivor’s Option may not be withdrawn. The Company has the discretionary right to limit the aggregate principal amount of Notes as to which exercises of the Survivor’s Option shall be accepted by the Company from the Representatives of all deceased beneficial owners in any calendar year to an amount equal to the greater of $1,000,000 or 1% of the principal amount of all the Notes outstanding as of the end of the most recent calendar year. The Company also has the discretionary right to limit to $250,000 in any calendar year the aggregate principal amount of Notes as to which exercises of the Survivor’s Option shall be accepted by the Company from the Representative of any individual deceased beneficial owner of Notes in such calendar year. The Company may also limit the exercise of the Survivor’s Option to principal amounts of $1,000 and integral multiples of $1,000. Each of these limitations is referred to herein as a “Put Limitation.” The death of a person holding a beneficial interest in a Note as a joint tenant or tenant by the entirety with another person, or a...
SURVIVOR'S OPTION. Survivor’s Option 3
SURVIVOR'S OPTION. If the Survivor’s Option is applicable to this Note, the Representative (defined below) of a deceased beneficial owner of this Note shall be entitled to repayment of this Note following the death of the beneficial owner (a “Survivor’s Option”). Unless specifically provided on the face of this Note, the Survivor’s Option may not be exercised unless the Note was acquired by the beneficial owner at least six months prior to such election. If the Survivor’s Option is applicable to this Note, upon the valid exercise of the Survivor’s Option, the Company shall repay the Note (or portion thereof), properly tendered for repayment by or on behalf of the person (the “Representative”) that has authority to act on behalf of the deceased, beneficial owner of a Note under the laws of the appropriate jurisdiction (including, without limitation, the personal representative or executor of the deceased beneficial owner or the surviving joint owner with the deceased beneficial owner) at a price equal to 100% of the amortized principal amount of the deceased beneficial owner’s beneficial interest in such Note plus accrued and unpaid interest to the date of such repayment, subject to the following limitations:
SURVIVOR'S OPTION. 19 SECTION 3.06
SURVIVOR'S OPTION. Trustee Acceptance 4 SECTION 3.02 Governing Law 5 SECTION 3.03 Trust Indenture Act 5 SECTION 3.04 Execution in Counterparts 5 SECTION 3.05 Severability 5 SECTION 3.06 Appointment of Paying Agent and Security Rxxxxxxxx 0 SECTION 3.07 Ratification of Original Indenture 5 FORTY-FIFTH SUPPLEMENTAL INDENTURE, dated as of May 1, 2015 (the “Supplemental Indenture”), between SolarCity Corporation, a Delaware corporation (hereinafter called the “Company”), having its principal executive office located at 3000 Xxxxxxxxx Xxx, Xxx Xxxxx, Xxxxxxxxxx, 00000, and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America, as trustee (in such capacity, the “Trustee”), to the indenture, dated as of October 15, 2014, between the Company and the Trustee (as amended or supplemented from time to time in accordance with the terms thereof, the “Original Indenture”).
SURVIVOR'S OPTION. Trustee Acceptance 4 SECTION 3.02 Governing Law 5 SECTION 3.03 Trust Indenture Act 5 SECTION 3.04 Execution in Counterparts 5 SECTION 3.05 Severability 5 SECTION 3.06 Appointment of Paying Agent and Security Rxxxxxxxx 0 SECTION 3.07 Ratification of Original Indenture 5
SURVIVOR'S OPTION. (a) Section 3.02 of the Amended Indenture is amended by striking the phrase “one percent (1%)” in the second paragraph thereof and inserting in its place the phrase “two percent (2%)”.
(b) Section 3.02 of the Amended Indenture is amended by striking the specified dollar amount of “$200,000” in the second paragraph thereof and inserting in its place the specified dollar amount of “$250,000.”
(c) Section 3.02 of the Amended Indenture is amended to add the following language at the end of the first paragraph: “provided, that such beneficial owner shall have owned such Ally Financial Term Note at least six months prior to such beneficial owner’s death.”
(d) Section 3.02 of the Amended Indenture is amended by amending the last sentence of the second paragraph in its entirety to read as follows: “Any Note (or portion thereof) tendered pursuant to exercise of the Survivor’s Option may be withdrawn by a written request by the Representative of the deceased owner received by the Trustee at lest 10 calendar days prior to the repayment date and approved by the Company.”
(e) Section 3.02 of the Amended Indenture is amended by stiking the third and fourth sentences of the third paragraph in their entirety and inserting in their place the following: “Any Note (or portion thereof) accepted for repayment pursuant to exercise of the Survivor’s Option shall be repaid on the earlier of (1) the first Interest Payment Date that occurs 20 or more calendar days after the date of such acceptance and (2) the stated maturity date for such note (the ‘repayment date.’). Each Note (or any portion thereof) tendered for repayment that is not accepted in any calendar year due to the application of the Annual Put Limitation, including Notes that exceeded the Individual Put Limitation, shall be deemed to be tendered in the following calendar year in the order in which all such Notes (or portions thereof) were originally tendered, unless any such Note (or portion thereof) is validly withdrawn 10 or more days prior to the repayment date by the Representative for the deceased owner prior to its repayment.”
(f) Section 3.02 of the Amended Indenture is amended by amending the fourth paragraph thereof in its entirety to read as follows: “Subject to the foregoing, in order for a Survivor’s Option to be validly exercised with respect to any Note (or portion thereof), the Trustee must receive from the Representative of the deceased owner within one year of the date of death of the deceased benefici...
SURVIVOR'S OPTION. 22 SECTION 3.03
SURVIVOR'S OPTION. 9 SURVIVOR'S OPTION BLACKOUT PERIOD .............................................................
