Affected Notes definition
Examples of Affected Notes in a sentence
Each such notice shall specify such date (which shall be a Business Day), the aggregate principal amount of the Notes or Affected Notes, as the case may be, to be prepaid on such date, the principal amount of each Note or Affected Note, as the case may be, held by such holder to be prepaid, and the interest to be paid on the prepayment date with respect to such principal amount being prepaid.
In case any provision in the Original Indenture, as amended by this First Supplemental Indenture, or in the Affected Notes, after giving effect to this First Supplemental Indenture, shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Any such notice shall specify such date (which date shall be a Business Day), the aggregate principal amount of the Notes or Affected Notes, as the case may be, to be prepaid on such date, the principal amount of each Note or Affected Note (if such holder is a holder of any Affected Notes), as the case may be, held by such holder to be prepaid, and the interest to be paid on the prepayment date with respect to such principal amount being prepaid.
The provisions of the Affected Notes shall be deemed to be conformed to the Original Indenture as amended by this First Supplemental Indenture and amended to the extent that the Affected Notes are inconsistent with the Original Indenture as amended by this First Supplemental Indenture.
Upon the determination of a substitute rate, the suspension of such Lender’s obligation to purchase any Affected Notes shall terminate; and interest on such Affected Notes shall (but only to the extent held by such Lender) accrue at such substitute rate instead of the interest rate(s) at which such Affected Notes would have otherwise accrued.
If the Guarantor makes a payment under its Guarantee, the Guarantor shall be entitled upon payment in full of all Guaranteed Obligations under the Indenture to a contribution from any other obligor on the Indenture and the Affected Notes in an amount equal to such obligor’s pro rata portion of such payment based on the respective net assets of the Guarantor and all such obligors at the time of such payment determined in accordance with GAAP.
Each Noteholder of Affected Notes (and its transferees) shall remain a Noteholder hereunder and shall retain all rights as Noteholder of the Affected Notes (including, for the avoidance of doubt, the right to receive interest in respect of such Affected Notes, which, notwithstanding any other provision of this Indenture or the Notes, shall be payable through and upon the Extended Settlement Date).
The failure to endorse a Guarantee on any of the Affected Notes shall not affect or impair the validity thereof.
Further, for so long as a Credit Facility Default shall continue following the Maximum Extension Date in respect of any Affected Notes and delivery of the Conversion Obligation in respect of such Affected Notes would, as a result, constitute a breach of the Credit Facility, the Notes shall not be subject to acceleration pursuant to this Section 7.02 unless the aggregate principal amount of Notes that has been tendered for conversion at any such time exceeds $50 million.
The Guarantor waives notice of any Default under the Affected Notes or the Guaranteed Obligations.