Additional 2028 Notes means additional 2028 Notes constituting part of the same series as the 2028 Notes issued on the Issue Date having identical terms and conditions to the 2028 Notes, except with respect to issue date, issue price and interest prior to the first Interest Payment Date.
Additional 2028 Notes means the additional principal amount of 2028 Notes (other than the Initial 2028 Notes) that the Company may issue from time to time under this Indenture in accordance with Section 2.1(c) of this Indenture as part of the same series of 2028 Notes issued on the date hereof other than Notes issued in exchange for, or replacement of outstanding Notes.
Additional 2028 Notes has the meaning provided in Section 2.02(c).
Examples of Additional 2028 Notes in a sentence
The Additional 2028 Notes were sold at 106.25% of par (i.e., a premium) and, after reflecting a discount to the initial purchasers of the Additional 2028 Notes, the Company received $315 in net proceeds from the debt offering.
The premium ($19) and costs to complete the financing ($5) were deferred and are being amortized to interest expense over the term of the Additional 2028 Notes.
The Additional 2028 Notes shall be substantially in the form of Exhibit A to the Indenture and shall bear the Private Placement Legend.
So long as no Default or Event of Default shall have occurred and be continuing with respect to the 2028 Notes at the time of such issuance, the Issuer may from time to time, without the consent of the Holders of the 2028 Notes, issue Additional 2028 Notes.
The Initial Notes and the Additional 2028 Notes shall be treated as a single class for all purposes, including voting, under the Indenture.
More Definitions of Additional 2028 Notes
Additional 2028 Notes means additional 2028 Notes (other than Initial 2028 Notes) issued from time to time under this Indenture in accordance with Section 2.01.
Additional 2028 Notes means notes issued pursuant to Section 2.2 hereof and having identical terms as the Initial 2028 Notes, other than as expressly permitted by Section 2.2.
Additional 2028 Notes means the issuance of the $100.0 million in additional aggregate principal amount of Infinera’s currently outstanding Existing 2028 Notes.
Additional 2028 Notes means additional 2028 Notes (other than the Initial 2028 Notes) issued under the 2028 Notes Indenture, as part of the same series as the Initial 2028 Notes; provided that any Additional 2028 Notes that are not fungible with the 2028 Notes for U.S. federal income tax purposes shall have a separate CUSIP, ISIN or other identifying number than any previously issued 2028 Notes, but shall otherwise be treated as a single class with all other 2028 Notes issued under the 2028 Notes Indenture.
Additional 2028 Notes means additional 2028 Notes (other than the Initial 2028 Notes and other than Exchange Notes issued for such Initial 2028 Notes) issued from time to time under this Indenture in accordance with Section 2.13.
Additional 2028 Notes means notes issued pursuant to Section 2.2 hereof and having identical terms as the 2028 Notes, other than as expressly permitted by Section 2.2.
Additional 2028 Notes has the meaning set forth in Section 2.01. “Additional Notes” has the meaning set forth in Section 2.01. “Adjusted Net Income” means in respect of a Fiscal Year, the consolidated net income for the Parent and any Person which Parent is required to consolidate in its audited financial statements (which shall, for the avoidance of doubt, deduct any tax expense or add any tax credit arising in such Fiscal Year) (but excluding any Excluded Entity) for such Fiscal Year as set out in the Parent’s audited financial statements for such Fiscal Year, adjusted, to the extent included in calculating such consolidated net income, by excluding, without dupli- cation: (a) non-cash provisions (including asbestos provisions) required under GAAP pursuant to which such audited financial statements are prepared with respect to the payments by the Performing Subsidiary to AICF pursuant to the terms of the AFFA; and (b) the portion of consolidated net income allocable to minority interests. “AFFA” means (i) the Amended and Restated Final Funding Agreement dated as of November 21, 2006 (as amended prior to the Issue Date and as further amended, restated or replaced from time to time) between AICF, Xxxxx Xxxxxx Industries SE, Xxxxx Xxxxxx 117 Pty Limited, and any other Performing Subsidiary party thereto from time to time, and the State of New South Wales together with (ii) the Amending Agreement – Parent Guarantee dated as of June 23, 2009 between AICF, the State of New South Wales and the Parent (as amended, restated or replaced from time to time). “Affiliate” of any specified Person means any other Person directly or indirect- ly controlling or controlled by or under direct or indirect common control with such specified Person. For purposes of this definition, “control” (including, with correlative meanings, the terms “controlling,” “controlled by” and “under common control with”), as used with respect to any Person, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such Person, whether through the ownership of voting securities, by agreement or otherwise.