Examples of Contingent Notes in a sentence
The Board of Directors of the Purchaser has duly authorized the execution, delivery and performance of this Agreement, the Contingent Notes and the other agreements and transactions contemplated hereby, and no other corporate proceedings on its part are necessary to authorize this Agreement and the transactions contemplated hereby.
Upon execution and delivery of this Agreement by the parties hereto this Agreement shall, and upon issuance of the Contingent Notes in accordance with the provisions hereof the Contingent Notes shall, constitute legal, valid and binding obligations of the Purchaser, enforceable against the Purchaser in accordance with their respective terms.
The Contingent Notes shall be non-transferable and non-negotiable other than by will or the laws of intestate succession.
In the event Operating Earnings or Cumulative Operating Earnings are less than the applicable Minimum Target for any given year, interest on the principal amount of the Contingent Notes for such year shall be canceled and voided.
The Notes shall be pari passu in right of payment to the PBGC 6% Senior Notes, and senior in right of payment to the Employee Notes and the PBGC 8% Contingent Notes.