Terms of the New Notes Sample Clauses

Terms of the New Notes. The New Notes will be issued in global form under the Indenture, including the Supplemental Indenture, a copy of which is attached hereto as Exhibit A. The New Notes shall have such terms and provisions as set forth in the Indenture.
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Terms of the New Notes. (a) The aggregate principal amount of the New Notes that may be authenticated and delivered under the Indenture, as supplemented hereby, shall be $575,000,000. (b) The New Notes shall be issuable in whole or in part in the form of one or more Global Notes. The depositary for such Global Notes shall be The Depository Trust Company. (c) The New Notes shall have the other terms set forth in the form of global notes attached hereto as Exhibit A. (d) The New Notes shall be considered Additional Notes issued pursuant to Section 2.01 of the Indenture.
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Terms of the New Notes. The New Notes to be issued as Additional Notes under the Indenture and pursuant to this Supplemental Indenture: (a) shall be issued as part of the existing class of Existing Notes previously issued under the Indenture, and the New Notes and the Existing Notes shall be a single class for all purposes under the Indenture, including without limitation, waivers, amendments, redemptions and offers to purchase; (b) shall be issued on September 30, 2013 at a purchase price of 100.0% of the principal amount, plus accrued interest from September 30, 2013, and shall otherwise have the same terms and conditions in all respects as the Existing Notes issued on February 7, 2013, except for the issue date and as otherwise provided in paragraphs 4(d) and 4(e) below; (c) shall initially be issuable in whole in the form of definitive certificates in the form provided in Exhibit A to the Indenture; (d) shall be transferrable pursuant to Section 2.06 and Section 2.09 of the Indenture, provided, however, that as the New Notes are not fungible with the Existing Notes for U.S. federal income tax purposes, any transfer of beneficial interests in the Global Notes or transfers of Definitive Notes (including exchanges or transfers between beneficial interests in Global Notes and Definitive Notes), in each case representing any of the New Notes, shall only be transferrable between such Global Notes or Definitive Notes representing the New Notes; and (e) (x) in the case of the Rule 144A Global Note, bear the CUSIP number of 000000XX0, ISIN number of US379390AG24 and Common Code number of 097686963, and (y) in the case of the Regulation S Global Note, bear the CUSIP number of X0000XXX0, ISIN number of USG3923WAD23 and Common Code number of 097686858.
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Terms of the New Notes. Borrower: Unrivaled Brands, Inc., a Nevada corporation (the “Borrower”).
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Terms of the New Notes. The New Notes will be issued pursuant to an indenture, as supplemented by a supplemental indenture, each to be dated as of the closing date of the Public Offering (collectively, the “New Indentures”), and shall contain such terms as described in Exhibit C hereto. The Registration Statement, as of its effective date, and the Prospectus, as of its filing date, taken together, do not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
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Terms of the New Notes. The terms of the New Notes will be identical to the terms of the Existing Notes except that: · interest rate will increase from 10% to 12% · interest payable on at least the next two interest payment dates commencing April 1, 2009 may, at the issuer’s option, be payable in cash or be deferred or be payable-in-kind through the issuance of additional New Notes · New Notes will be secured by a second priority lien on substantially all of the Company’s assets (but shall not secure any Property other than the Collateral)
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Terms of the New Notes 
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Related to Terms of the New Notes

  • Terms of the Notes The following terms relating to the Notes are hereby established:

  • TERMS AND CONDITIONS OF THE NOTES The Notes shall be governed by all the terms and conditions of the Indenture, as supplemented by this First Supplemental Indenture. In particular, the following provisions shall be terms of the Notes:

  • General Terms and Conditions of the Notes Section 201.

  • Form of the Notes The Notes shall each be issued in the form of a Global Note, duly executed by the Company and authenticated by the Trustee, which shall be deposited with the Trustee as custodian for DTC and registered in the name of “Cede & Co.,” as the nominee of DTC. The Notes shall be substantially in the form of Exhibit A attached hereto (including the Global Note Legend thereon). Notes issued in definitive certificated form in accordance with the terms of the Base Indenture and this Sixth Supplemental Indenture, if any, shall be substantially in the form of Exhibit A attached hereto (but without the Global Note Legend thereon). So long as DTC, or its nominee, is the registered owner of a Global Note, DTC or its nominee, as the case may be, shall be considered the sole owner or Holder of the Notes represented by such Global Note for all purposes under the Indenture. Ownership of beneficial interests in such Global Note shall be shown on, and transfers thereof shall be effected only through, records maintained by DTC (with respect to beneficial interests of participants) or by participants or Persons that hold interests through participants (with respect to beneficial interests of beneficial owners). In addition, the following provisions of clauses (1), (2), and (3) below shall apply only to Global Notes: (1) Notwithstanding any other provision in the Indenture, no Global Note may be exchanged in whole or in part for Securities registered, and no transfer of a Global Note in whole or in part may be registered, in the name of any Person other than the Depositary for such Global Note or a nominee thereof unless (A) such Depositary has notified the Company that it is unwilling or unable or no longer permitted under applicable law to continue as Depositary for such Global Note and the Company has not appointed a successor Depositary within 90 days of receipt of such notice or has ceased to be a clearing agency registered under the Exchange Act, (B) there shall have occurred and be continuing an Event of Default with respect to such Global Note or (C) the Company (subject to the procedures of the Depositary) so directs the Trustee by Company Order. Beneficial interests in Global Notes may be exchanged for Definitive Notes of the same series upon request but only upon at least 30 days’ prior written notice given to the Trustee by or on behalf of the Depository in accordance with customary procedures. (2) Subject to clause (1) above, any exchange of a Global Note for other Securities may be made in whole or in part, and all Securities issued in exchange for a Global Note or any portion thereof shall be registered in such names as the Depositary for such Global Note shall direct. (3) Every Security authenticated and delivered upon registration of transfer of, or in exchange for or in lieu of, a Global Note or any portion thereof, shall be authenticated and delivered in the form of, and shall be, a Global Note, unless such note is registered in the name of a Person other than the Depositary for such Global Note or a nominee thereof.

  • Terms of the Securities The Securities have the “Terms” as set out in these Issue Terms, which will complete and modify (i) the Bearer Securities Base Conditions Module, July 2016 Edition and (ii) the General Definitions Module, July 2016 Edition (the “General Definitions Module”), both of which are incorporated by reference into these Issue Terms (together, the “Conditions”) and are set out in full in the Information Memorandum.

  • Benefits of First Supplemental Indenture Nothing in this First Supplemental Indenture or in the Notes, express or implied, shall give to any Person, other than the parties hereto, any benefit or any legal or equitable right, remedy or claim under this First Supplemental Indenture.

  • Payment of the Notes Not later than 10:00 a.m. (New York City time) on each due date of the principal of, premium, if any, and interest on any Notes, the Company shall deposit with the Paying Agent money in immediately available funds sufficient to pay such principal, redemption payments, premium, if any, and interest so becoming due. All the payments must be in U.S. Dollars.

  • Status of the Notes The Notes and any relative Receipts and Coupons are direct, unconditional, unsubordinated and (subject to the provisions of Condition 4) unsecured obligations of the Issuer and rank pari passu among themselves and (save for certain obligations required to be preferred by law) equally with all other unsecured obligations (other than subordinated obligations, if any) of the Issuer, from time to time outstanding.

  • Subordination of Debentures Agreement to Subordinate.......................................... 22 6.2

  • Reliance by Holders of Senior Indebtedness on Subordination Provisions (a) Each Holder by accepting a Security of any series acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to each holder of any Senior Indebtedness of the Issuer, whether such Senior Indebtedness was created or acquired before or after the issuance of the Securities, to acquire and continue to hold, or to continue to hold, such Senior Indebtedness and such holder of such Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Indebtedness. (b) Without in any way limiting the generality of paragraph (a) of this Section, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders, without incurring responsibility to the Holders and without impairing or releasing the subordination provided in this Article Four or the obligations hereunder of the Holders to the holders of Senior Indebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (3) release any Person liable in any manner for the collection of Senior Indebtedness; and (4) exercise or refrain from exercising any rights against the Issuer, any Guarantor or any other Person.

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