Fixed Notes definition

Fixed Notes means the Additional Fixed Rate Notes and the Exchange Notes into which the Additional Fixed Rate Notes (if any) are exchanged.

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Fixed Notes as defined in Section 2.4. ------------- "FACILITIES"--any real property, leaseholds, or other interests currently or ------------ formerly owned or operated by the Company and any buildings, plants, structures, or equipment (including motor vehicles, tank cars, and rolling stock) currently or formerly owned or operated by the Company.

Fixed Notes means the promissory notes evidencing the Fixed Loans of even date herewith substantially in the form of Exhibit B-1 hereto and all promissory notes delivered in substitution or exchange therefor, in each case as the same may be modified, amended or expended from time to time.

Examples of Fixed Notes in a sentence

• If a Substitution of the last remaining asset is taking place, the cash collateral or Letter of Credit must include, (A) any yield maintenance that would be due to the extent that the Fixed Notes must be prepaid to effect a release at that time and (B) any fee maintenance that would be due to the extent that the Variable Note must be prepaid to effect a release at that time.

• The Borrowers shall, on or before January 15, 2010, cause the Moyes Senior Fixed Notes to be transferred to Swift Nevada and retired or cancelled and the Indebtedness of the Obligors with respect thereto cancelled.

• The 2027 Senior Non Preferred Fixed Notes are not intended to be offered, sold or otherwise made available to and should not be offered, sold or otherwise made available to any retail investor in the EEA and in the United Kingdom, as per the preliminary prospectus supplement.

• The target market assessment indicates that the 2027 Senior Non Preferred Fixed Notes are incompatible with the needs, characteristic and objectives of clients which are retail clients (as defined in MiFID II).

• The Company has authorized the issue and sale from time to time of up to an additional $15,000,000 of its notes, consisting of fixed rate notes (together with all notes issued in substitution or exchange therefor pursuant to Article 12, the "Additional Fixed Notes") and floating rate notes (together with all notes issued in substitution or exchange therefor pursuant to Article 12, the "Additional Floating Notes") pursuant to this Agreement.

• If the Company elects to have the Floating Notes accrue interest at the Fixed Rate, the Company shall so notify Purchasers in the Interest Option Notice (which election shall be irrevocable) and immediately following the then current Interest Period, the Floating Notes shall thereafter accrue interest at the Fixed Rate, and the Floating Notes shall for all purposes be deemed Fixed Notes.

• If the Company elects to have the Floating Notes accrue interest at the Fixed Rate, the Company shall so notify Purchaser in the Interest Option Notice (which election shall be irrevocable) and immediately following the then current Interest Period, the Floating Notes shall thereafter accrue interest at the Fixed Rate, and the Floating Notes shall for all purposes be deemed Fixed Notes.

• The Company has authorized the issue and sale of $60,960,846.08 aggregate principal amount of its 6.68% Fixed Notes (together with all notes issued in substitution or exchange therefor pursuant to Article 12, the "2002 Notes") pursuant to this Agreement in exchange for the Old Notes.

• U.S. Federal Income Tax Considerations: For a discussion of the material U.S. federal income tax considerations for the ownership and disposition of the Senior Preferred Fixed Notes by U.S. investors, see “Taxation—U.S. Federal Income Tax Considerations” in the base prospectus.

• Accordingly, purchasers who wish to trade the Senior Preferred Fixed Notes prior to the second business day prior to the settlement date will be required, by virtue of the fact that the Senior Preferred Fixed Notes initially settle in T+6, to specify an alternative settlement cycle at the time of any such trade to prevent failed settlement and should consult their own advisors.

More Definitions of Fixed Notes

Fixed Notes the 1997 Fixed-A Note, the 1997 Fixed-B Note and any Additional Fixed Notes. FLOATING NOTES: the 1997 Floating Notes and any Additional Floating Notes. GAAP: generally accepted accounting principles as set forth from time to time in the opinions of the Accounting Principles Board of the American Institute of Certified Public Accountants and statements of the Financial Accounting Standards Board or in such opinions and statements of such other entities as shall be approved by a significant segment of the accounting profession.

Fixed Notes as defined in Section 2.4. ------------- "FLEET PREPAYMENT PENALTY"-the prepayment penalty charged by Fleet Capital -------------------------- Corporation for the payment in full of all amounts due and owing Fleet Capital Corporation by Phoenix as of the Closing Date "GAAP"--generally accepted accounting principles, applied on a basis consistent ------ with the basis on which the Balance Sheet and the other financial statements referred to in Section 3.4(b) were prepared. "GMA CLAIM"-a claim by ▇▇▇▇▇, ▇▇▇▇▇▇ & Associates, Inc. (or a Person related ----------- thereto) for a brokerage or finder's or agent's commission, fee or other similar payment in connection with the Contemplated Transactions.

Fixed Notes the 2002 Notes and any Additional Fixed Notes.