Examples of First Out Notes in a sentence
Each Last Out Note Holder acknowledges and agrees that because of their differing rights in proceeds of the Collateral, the Obligations in respect of the Fourth Tranche US Last Out Term Notes are fundamentally different from the Obligations in respect of the First Out Notes and must be separately classified in any plan of reorganization proposed or confirmed in any Insolvency Proceeding involving any Borrower or other Credit Party as a debtor.
Such signature shall be conclusive evidence that the Note has been authenticated under this Indenture.The aggregate principal amount of the First Out Notes which may be authenticated and delivered under this Indenture is $20 million, and the aggregate principal amount of the Last Out Notes and Additional Notes which may be authenticated and delivered under this Indenture is, subject to the terms of the Intercreditor Agreement, unlimited.
Notwithstanding anything to the contrary set forth herein, (i) the aggregate principal amount of all Notes sold and issued to all Purchasers in all Closings shall not, in any event, exceed Two Hundred Million Dollars ($200,000,000) (the “Maximum Amount”) and (ii) the aggregate principal amount of all First Out Notes (inclusive of First Out Subordinated Notes) sold and issued to First Out Purchasers shall not exceed $46,333,334.
Within 30 Business Days after the occurrence of a Change of Control, the Issuer shall redeem all of the First Out Notes at a redemption price equal to 100% of the principal amount of First Out Notes to be redeemed, plus accrued and unpaid interest thereon to the redemption date and all of the Last Out Notes and Additional Notes at a redemption price equal to 101% of the principal amount of Last Out Notes and Additional Notes to be redeemed, plus accrued and unpaid interest thereon to the redemption date.
To the extent the Issuer is required to redeem Notes pursuant to this Section 3.08, no Last Out Notes or Additional Notes may be redeemed pursuant to this Section 3.08 until all First Out Notes have been discharged or are otherwise no longer outstanding.
To the extent the Issuer is required to redeem Notes pursuant to this Section 3.08 and is also required to redeem Second Lien Notes pursuant to similar redemption provisions in the Second Lien Indenture, any funds deposited with the Trustee shall first be applied to redeem the First Out Notes in full in accordance with paragraph (d) above, then to redeem the Last Out Notes and Additional Notes in full before any such funds are applied to redeem any Second Lien Notes.
This BL FF First Out Note is one of a series of BL FF First Out Notes of like tenor issued pursuant to the Agreement.
First Out Notes issued in global form shall be substantially in the form of Exhibit A-1 and Last Out Notes and Additional Notes issued in global form shall be substantially in the form of Exhibit A-2 (and, in each case, shall include the Global Note Legend thereon and the “Schedule of Exchanges of Interests in the Global Note” attached thereto).
First Out Notes in Global Form.The Issuer shall use commercially reasonable efforts (i) to cause the First Out Notes to be issued in global form and (ii) to obtain a separate CUSIP number with respect to the First Out Notes, in each case within 30 days of the Restatement Date.ARTICLE FOURB.
The Holders shall have received a copy of an opinion addressed to the board of directors of the Issuer in form and substance reasonably satisfactory to the Holders, as to the fairness from a financial point of view issued by Duff & Phelps, to the Obligors of the issuance of the $120 million of Notes, comprised of $20 million of First Out Notes and $100 million of Last Out Notes to the Holders pursuant to this Indenture.