The Original Notes Sample Clauses

The Original Notes. No event has occurred and no condition exists that, upon the issuance of the Original Notes and the execution and delivery of this Agreement, would constitute a Default or an Event of Default.
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The Original Notes. (a) Subject to the terms and conditions of this Agreement, the Issuer agrees that it shall issue and sell to the Original Purchasers, and the Original Purchasers, acting severally and not jointly, agree that they shall subscribe for and purchase the Original Notes in Sterling from the Issuer on the Purchase Date for the Original Notes.
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The Original Notes. National Auto/Truckstops, Inc., a Delaware corporation ("NATIONAL"), is a wholly-owned Subsidiary of the Company. In order to provide the financing for the ac quisition of a truckstop network (the "NATIONAL NETWORK"), Na tional issued $65,000,000 aggregate principal amount of its 8.76% Senior Secured Notes due 2002 (the "NATIONAL NOTES") pursuant to the several Senior Note Purchase Agreements dated as of April 13, 1993, as heretofore amended (as so amended, the "NATIONAL PURCHASE AGREEMENTS"), between National and the Company and the in stitutional investors named in Schedule I thereto. TA Operating Corporation, a Delaware corporation ("TA"), is a wholly-owned Subsidiary of TA Holdings Corporation, a Delaware corporation ("TA HOLDINGS"), which is a wholly-owned Subsidiary of the Company. In order to provide the financing for the acquisition of another truckstop network (the "TA NETWORK" and, together with the National Network, the "NETWORK"), TA issued $25,000,000 aggregate principal amount of its Senior Secured Notes due 2002 (the "TA NOTES" and, together with the National Notes, the "ORIGINAL NOTES") pursuant to the several Senior Note Purchase Agreements dated as of December 9, 1993, as heretofore amended (as so amended, the "TA PURCHASE AGREEMENTS" and, together with the National Purchase Agreements, the "PURCHASE AGREEMENTS"), between TA and TA Holdings and the institutional investors named in Schedule I thereto. As of the date of this Agreement, $65,000,000 aggregate principal amount of the National Notes and $25,000,000 aggregate principal amount of the TA Notes are outstanding.
Sample 1
The Original Notes. National Auto/Truckstops, Inc., a Delaware corporation ("National"), is a wholly-owned Subsidiary of the Company. In order to provide the financing for the acquisition of a truckstop network (the "National Network"), National issued $65,000,000 aggregate principal amount of its 8.76% Senior Secured Notes due 2002 (the "National Notes"). In order to provide the financing for the acquisition of another truckstop network (the "TA Network" and, together with the National Network, the "Network"), TA Operating Corporation, a Delaware corporation ("TA"), which is a wholly-owned Subsidiary of the Company, issued $25,000,000 aggregate principal amount of its Senior Secured Notes due 2002 (the "TA Notes" and, together with the National Notes, the "Original Notes").
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The Original Notes 
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Related to The Original Notes

  • Initial Notes and Additional Notes On the Initial Closing Date, (i) each Buyer shall pay its respective Initial Purchase Price (less, in the case of Hxxxxx Bay Master Fund Ltd. ("Hxxxxx Bay"), the amounts withheld by such Buyer pursuant to Section 4(g)) to the Company for the Initial Notes and the Initial Warrants to be issued and sold to such New Buyer at the Initial Closing, by wire transfer of immediately available funds in accordance with the Company's written wire instructions and (ii) the Company shall deliver to each New Buyer (A) an Initial Note in the aggregate original principal amount as is set forth opposite such Buyer's name in column (3) of the Schedule of Buyers and (B) an Initial Warrant pursuant to which such New Buyer shall have the right to acquire up to such number of Initial Warrant Shares as is set forth opposite such New Buyer's name in column (4) of the Schedule of Buyers, in all cases, duly executed on behalf of the Company and registered in the name of such New Buyer or its designee. On each Additional Closing Date, (i) each applicable New Buyer shall pay its respective Additional Purchase Price (less, in the case of Hxxxxx Bay, the amounts withheld by such Buyer pursuant to Section 4(g)) to the Company for the Additional Notes and the Additional Warrants to be issued and sold to such New Buyer at the Additional Closing, by wire transfer of immediately available funds in accordance with the Company's written wire instructions and (ii) the Company shall deliver to each New Buyer (A) an Additional Note in an aggregate original principal amount equal to the applicable Additional Note Purchase Amount and (B) an Additional Warrant pursuant to which such Buyer shall have the right to acquire up to that number of shares of Common Stock equal to the number of Additional Conversion Shares underlying the Additional Notes to be purchased by such Buyer in such Additional Closing, based on the initial Fixed Conversion Price, in all cases, duly executed on behalf of the Company and registered in the name of such Buyer or its designee.

  • Optional Notes If so requested by any Lender by written notice to Company (with a copy to Administrative Agent) at least two Business Days prior to the Closing Date or at any time thereafter, Company shall execute and deliver to such Lender (and/or, if applicable and if so specified in such notice, to any Person who is an assignee of such Lender pursuant to subsection 10.1) on the Closing Date (or, if such notice is delivered after the Closing Date, promptly after Company’s receipt of such notice) a promissory note or promissory notes to evidence such Lender’s Revolving Loans or Swing Line Loans, substantially in the form of Exhibit IV or Exhibit V annexed hereto, respectively, with appropriate insertions.

  • Additional Notes; Repurchases The Company may, without the consent of the Holders and notwithstanding Section 2.01, reopen this Indenture and issue additional Notes hereunder with the same terms as the Notes initially issued hereunder (other than differences in the issue price and interest accrued prior to the issue date of such additional Notes) in an unlimited aggregate principal amount; provided that if any such additional Notes are not fungible with the Notes initially issued hereunder for U.S. federal income tax purposes, such additional Notes shall have a separate CUSIP number. Prior to the issuance of any such additional Notes, the Company shall deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, such Officers’ Certificate and Opinion of Counsel to cover such matters, in addition to those required by Section 17.05, as the Trustee shall reasonably request. In addition, the Company may, to the extent permitted by law, and directly or indirectly (regardless of whether such Notes are surrendered to the Company), repurchase Notes in the open market or otherwise, whether by the Company or its Subsidiaries or through a private or public tender or exchange offer or through counterparties to private agreements, including by cash-settled swaps or other derivatives. The Company shall cause any Notes so repurchased (other than Notes repurchased pursuant to cash-settled swaps or other derivatives) to be surrendered to the Trustee for cancellation in accordance with Section 2.08 and such Notes shall no longer be considered outstanding under this Indenture upon their repurchase.

  • Additional Notes The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without notice to or consent of the Holders of the Notes, create and issue pursuant to this Indenture additional Notes (“Additional Notes”) having terms and conditions set forth in this Supplemental Indenture, identical to the Notes issued on the date hereof, except that Additional Notes may:

  • Issuance of Additional Notes The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.

  • The Senior Notes Section 2.01.

  • Initial Notes On the Issue Date, there will be originally issued four hundred million dollars ($400,000,000) aggregate principal amount of Notes, subject to the provisions of this Indenture (including Section 2.02). Notes issued pursuant to this Section 2.03(A), and any Notes issued in exchange therefor or in substitution thereof, are referred to in this Indenture as the “Initial Notes.”

  • Offering of Notes Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

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