Examples of First Amendment Notes in a sentence
Agent shall have received a letter of direction from the Borrower directing where the proceeds of the First Amendment Notes are to be made and attaching a funds-flow memorandum setting forth the sources and uses of such proceeds.
The Borrower shall use the proceeds of all First Amendment Notes for proper business purposes consistent with all Applicable Laws, statutes, rules and regulations.
All references in any Loan Document to the Borrower’s Obligations shall include the Obligations as amended by this Amendment, and the Borrower’s obligations under the First Amendment Notes and the First Amendment Fee Letter.
At the First Amendment Closing, the Borrower will deliver to each Purchaser the Notes specified after such Purchaser’s name under the heading “Aggregate Notes” contained on Schedule I against payment of the purchase price for the First Amendment Notes to (or for the benefit of) the Borrower in immediately available funds in accordance with the wire instructions set forth in the disbursement direction letter delivered by the Borrower to Agent on the First Amendment Effective Date.
The closing of the sale and purchase of the First Amendment Notes hereunder the (“First Amendment Closing”) shall take place at the office of Cxxxxx, Hxxx & Sxxxxxx LLP, Txx Xxxxxxxxxxxxx Xxxxx, Xxxxxx, XX 00000 on the First Amendment Effective Date.
The Initial Consolidated Bridge Loan is evidenced by the Initial Notes, the First Amendment Loan is evidenced by the First Amendment Notes and the Second Amendment Loan is evidenced by the Second Amendment Notes.
Each such notice must be in the form of a written Issuance Request, appropriately completed and signed by a Responsible Officer of the Issuer not later than 1:00 p.m. three Business Days prior (or such later date to which the Purchaser Representative or the applicable Purchasers may agree) to the requested date of any Issuance of First Amendment Notes, Second Amendment Delayed Draw Notes, Delayed Draw Notes or Additional Notes, as applicable.
As contemplated by Section 1.3 of the First Amendment, Notes issued in exchange for any shares of Preferred Stock shall bear interest at the rate of 12% per annum.
Each such notice must be in the form of a written Issuance Request, appropriately completed and signed by a Responsible Officer of the Issuer not later than 1:00 p.m. three Business Days prior to the requested date of any Issuance of First Amendment Notes, Delayed Draw Notes or Additional Notes, as applicable.
SECTION 3.2 Upon the occurrence of the Closing Date, each First Amendment Purchaser (a) agrees to purchase (i) First Amendment Notes and (ii) First Amendment Series B Preferred Stock as provided in the Amended Note Purchase Agreement on the terms, and subject to the conditions, set forth in the Amended Note Purchase Agreement and (b) to the extent provided in the Amended Note Purchase Agreement, shall have the rights and obligations of a Purchaser thereunder and under the other applicable Note Documents.