Examples of Amended and Restated Note Purchase Agreement in a sentence
This amendment shall apply solely to purchases under the Amended and Restated Note Purchase Agreement that are consummated prior to July 1, 2002.
The parties agree that this Amended and Restated Note Purchase Agreement supersedes and replaces the Old Note Purchase Agreement in its entirety and the purchase of any and all EDUCATION ONE Conforming Loans after the Effective Date will be made under the terms and conditions of this Amended and Restated Note Purchase Agreement and not under the Old Note Purchase Agreement; provided, however, that the Third Amendment to Program Agreements, dated November 1, 2001, remains in full force and effect.
There is no consideration payable by GBG USA to Trinity International under the Amended and Restated Note Purchase Agreement after arm’s length negotiation between the parties.
This Note is one of a series of Senior Notes (herein called the “Notes”) issued pursuant to the Amended and Restated Note Purchase Agreement, dated as of February 26, 2010 (as from time to time amended, the “Note Purchase Agreement”), between the Company and the respective Noteholders named therein and is entitled to the benefits thereof.
All of the issued ownership interests of each of the Subsidiaries of the Company are duly authorized and validly issued, fully paid, nonassessable, and directly owned by the Company or its applicable Subsidiary and are free and clear of all Liens (other than Permitted Liens (as defined in the Amended and Restated Note Purchase Agreement) and not subject to any preemptive rights, rights of first refusal, option, warrant, call, subscription, and similar rights, other than as required by law.
Pursuant to the Amended and Restated Note Purchase Agreement, the Original Note shall be replaced by the Restated Note (the “Restated Note”), which represents the outstanding aggregate principal amount of advances made by GBG USA to BHB (including accrued and unpaid interest for the year ended 31 December 2015 and outstanding payables by BHB) pursuant to the terms of the Original Note Purchase Agreement and the Original Note.
The entering into the Amended and Restated Note Purchase Agreement constitutes connected transaction under Chapter 14A of the Listing Rules since Trinity International is a party to the agreement and one of the amendments made pursuant to the agreement was to remove the right of GBG USA to convert the Original Note into common stock of BHB, which constitutes the termination of an option for the Company.
Reference is hereby made to that certain Amended and Restated Note Purchase Agreement dated September 30, 2016 (the “Note Purchase Agreement”) among the Company, the First Closing Purchasers listed on Schedule B-1 thereto and the Second Closing Purchasers listed on Schedule B-2 thereto.
This Note is subject to optional prepayment, in whole or from time to time in part, and subject to mandatory prepayment in certain circumstances, each at the times and on the terms specified in the Amended and Restated Note Purchase Agreement, but not otherwise.
Ascend’s purchase of the Ascend Notes in accordance with the terms of the Restructuring Support Agreement, the Debt Commitment Letter and the Amended and Restated Note Purchase Agreement.