FIRST AMENDMENT TO AMENDED AND RESTATED CONVERTIBLE SENIOR SUBORDINATED NOTEConvertible Senior Subordinated Note • February 17th, 2004 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
THIS FIRST AMENDMENT (this “Amendment”), dated as of December 29, 2003, to the Amended and Restated Convertible Senior Subordinated Note (the “Convertible Note”), dated as of January 10, 2002, of GARDENBURGER, INC., an Oregon corporation (the “Company”), issued to DRESDNER KLEINWORT BENSON PRIVATE EQUITY PARTNERS LP, a Delaware limited partnership (“Dresdner”).
1 EXHIBIT 4.6 Form of 4 1/2% Convertible Senior Subordinated Notes due 2008 [Face of Security] IVAX CORPORATION [INSERT PRIVATE PLACEMENT LEGEND AND GLOBAL SECURITY LEGEND AS REQUIRED] 4 1/2% CONVERTIBLE SENIOR SUBORDINATED NOTE DUE 2008 CUSIP NO....Convertible Senior Subordinated Note • July 31st, 2001 • Ivax Corp /De • Pharmaceutical preparations
This Note was issued in a transaction which was not registered under the Securities Act of 1933, as amended, and may not be sold or transferred other than in a transaction which is registered under that Act or is exempt from the registration...Convertible Senior Subordinated Note • November 8th, 2001 • Classic Vacation Group Inc • Transportation services
Classic Vacation Group, Inc. (the “Company”), a New York corporation, promises to pay to CVG Investment LLC or its assigns (the “Holder”), at the time described below, the principal sum of $5,000,000. The Company also promises to pay interest on the balance of that principal sum which is unpaid from time to time at the rate of 7.5% per annum until August 1, 2003, and at the rate of 9% per annum after that, based on the actual number of days elapsed in a year of 365 or 366 days. This Note is being issued (i) in accordance with a Note Purchase Agreement (the “Note Purchase Agreement”) dated November 2, 2001 between the Company and CVG Investment LLC, (ii) in exchange for 7.5% Exchangeable Senior Subordinated Notes due December 31, 2006 (“Exchangeable Notes”) that were issued under the Note Purchase Agreement or that were issued in payment of interest with regard to Exchangeable Notes, or (iii) in payment of interest with regard to 7.5% Convertible Senior Subordinated Notes due December 3
