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.
The Trustee in its individual capacity shall be entitled to all the rights set forth in this ARTICLE Twelve in respect of any First Out Notes at any time held by it, to the same extent as any other holder of First Out Notes, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.
Both Cicourel (1964) and Briggs (1986) started from a rejection of the positivist frame- work.
This Agreement, the First Out Notes and the Credit Agreement (as amended hereby) constitute legal, valid and binding obligations of each of the Principal Companies, enforceable against each Principal Company in accordance with their terms, except as may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.
For clarity any increase in the outstanding principal amount of an outstanding First Out Note shall be deemed an issuance within the provisions of this clause (d), and subject to the aggregate limitation set forth herein, incremental First Out Notes may be issued in such incremental amounts as agreed between the Issuers and the applicable First Out Purchaser(s).
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.
This right shall be exercisable upon ten (10) Business Days prior written notice by such Holders of the Last Out Notes to the Holders of First Out Notes and the Trustee that such Holders of the Last Out Notes (or any Person under common control with any such Holder or any Related Fund of any such Holder) intend to purchase the entire aggregate amount of outstanding First Out Notes.
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.
The Trustee shall have received a duly completed and executed Note for the account of each Holder of the First Out Notes and each Holder of the Last Out Notes.