Examples of February Notes in a sentence
All payments due under this Note (a) shall rank pari passu with all Other Notes, the December Notes and the February Notes and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries in right of payment other than Permitted Indebtedness secured by Permitted Liens..
No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise, other than the December Notes and the February Notes.
In the event the New Investment described in Section 11 below is not timely consummated by July 1, 2011, then the Conversion Price of the February Notes will be amended to the lessor of (i) $0.02, or (ii) ninety percent (90%) of the average of the three (3) lowest closing bid prices of the common stock as reported by Bloomberg L.P. for the Principal Market for the preceding ten (10) trading days prior to a conversion date, subject to adjustment as provided in the February Notes.
The payment of the Notes is senior to all other obligations of Debtor whether now existing or hereinafter incurred except for: (1) existing asset-based borrowings and lines of credit from commercial or financial institutions, including Madison Leasing or Central Leasing in the aggregate amount of $2,834,689 as of December 31, 2004; (2) indebtedness approved by the prior written consent from each Secured Party; and (3) the February Notes.
The Company shall permit a single firm of counsel designated by the Holders of the Notes and the February Notes holding a majority in interest of the Conversion Shares and the shares of Common Stock issued pursuant to the February Notes to review the Registration Statement and all amendments and supplements thereto a reasonable period of time prior to its filing with the SEC, and not file any document in a form to which such counsel reasonably objects.
Subject to adjustment as provided in Section 3.1(c) hereof, the conversion price (“Conversion Price”) per share shall be the lessor of (i) $0.02, or (ii) ninety percent (90%) of the average of the three (3) lowest closing bid prices of the common stock as reported by Bloomberg L.P. for the Principal Market for the preceding ten (10) trading days prior to a conversion date, subject to adjustment as provided in the February Notes.
The pro forma net loss was determined by subtracting the interest expense related to the $95,294,000 of Old Notes outstanding and to the $40,000,000 of February Notes outstanding, which includes the coupon rate of interest debt discount amortization and amortization of loan fees and adding the interest expense related to $99,100,000 of February Notes and New Notes, which includes the coupon rate of interest, debt discount amortization and the amortization of loan fees.
For all purposes under the Indenture, the term "Notes" shall include the February Notes, the Offered Notes and any other Notes issued after such date under the Base Indenture, as supplemented hereby.
We may recognize a gain or loss on this New Notes exchange for accounting purposes, and all unamortized costs previously recorded with respect to the Old Notes exchanged for February Notes and New Notes, including the remaining associated debt discount, will be written-off.
At any time after the twentieth Trading Day following the Issuance Date, so long as no Equity Conditions Failure exists (unless waived in writing by the Holder) and no December Notes, February Notes or Series B Notes remain outstanding, the Company shall have the right to redeem all, but not less than all, of the Conversion Amount then remaining under this Note (the “Company Optional Redemption Amount”) on the Company Optional Redemption Date (each as defined below) (a “Company Optional Redemption”).