Guarantor Notes definition

Guarantor Notes means the Senior Discount Notes due 2014 issued by the Guarantor on March 4, 2004, resulting in gross cash proceeds not to exceed $258,265,220.
Guarantor Notes means the US $310,000,000 high yield senior notes of the Guarantor bearing interest at 9.25% per annum and maturing February 15, 2013.
Guarantor Notes shall have the meaning set forth in Section 5.1(a).

Examples of Guarantor Notes in a sentence

  • The Guarantors shall have delivered the Guarantor Notes to the Bank and the Guarantors and the Bank shall have entered into and delivered the Assignment and Assumption Agreement.

  • After giving effect to this Guaranty and the issuance of the Guarantor Notes, the Guarantor, Holdings, each Borrower and each Subsidiary Guarantor (all taken together) are Solvent.

  • This is one of the Guarantor Notes entered into pursuant to the Guarantor Loan Agreement and is entitled to the benefits thereof and is subject to all terms, provisions and conditions thereof.

  • Without limiting the generality of the foregoing, with respect to calculating the voting percentage, any Guarantor Notes held by any Guarantor Party shall be treated as if the balance of the principal respecting such Guarantor Notes was zero dollars ($0) and shall not be counted for purposes of determining the Consenting Parties and in no event will the Guarantor be entitled to vote on matters requiring a unanimous vote.

  • Subject to the conditions set forth in Section 12.1, the closing of the sale and purchase of the Guarantor Notes and the Guarantor Warrants (the “Initial Closing”) shall be held at 3:00 p.m., Chicago time, on July 28, 2006 or such other date that the foregoing conditions have been satisfied (or waived) in accordance with the terms hereof (such date and time of the Closing being referred to as the “Initial Closing Date”) and will be deemed to be effective at the end of that business day.

  • One measures for instance enrolment rates, before (0) and after (1) the intervention.

  • Each Guarantor shall purchase 50% of the Guarantor Notes and the Guarantor Warrants and pay 50% of the Guarantor Purchase Price.

  • Subject to the Intercreditor Agreement, upon the occurrence and during the continuance of a Guarantor Event of Default, the Subsidiary Guarantor may (but shall not be obligated to) commence, appear in or defend any action or proceeding purporting to affect the Guarantor Loan, the Guarantor Notes or the respective rights and obligations of the Issuer and any other Person pursuant to this Agreement, the Security Documents or any other Finance Document to which the Subsidiary Guarantor is a party.

  • The Borrower hereby agrees to issue to the Guarantor Note(s) in the principal amount of the Obligations (as defined in the Interest Guaranty) actually paid by the Guarantor to the Administrative Agent in accordance with the terms of the Interest Guaranty; provided, however, that the Borrower shall not be obligated to issue Note(s) in respect of such Obligations, and the Reimbursement Obligations shall not include amounts, in excess of $3,756,537.30.

  • Subject to Article IV hereof, in the event that at any time either Guarantor shall make a payment on its respective Final Guarantee pursuant to a demand by the Agent, AEG shall concurrently with such Guarantor's payment to the Agent issue and deliver to such Guarantor Notes in an aggregate principal amount equal to the amount paid by such Guarantor to the Agent.


More Definitions of Guarantor Notes

Guarantor Notes means the Amended And Restated Secured Promissory Notes of even date herewith, together with any additional secured Promissory Notes in the form attached hereto as Exhibit A, from each of the GUARANTORS to the order of the BORROWER, which evidence and secure the GUARANTOR ADVANCES and which have been assigned to the COLLATERAL AGENT as security for the OBLIGATIONS.

Related to Guarantor Notes

  • Guarantor Senior Debt of a Subsidiary Guarantor means all Obligations with respect to any Indebtedness of such Subsidiary Guarantor, whether outstanding on the Issue Date or thereafter created, incurred or assumed, unless, in the case of any particular Indebtedness, the instrument creating or evidencing the same or pursuant to which the same is outstanding expressly provides that such Indebtedness shall be on a parity with or subordinated in right of payment to such Subsidiary Guarantor's Guarantee. Without limiting the generality of the foregoing, (x) "Guarantor Senior Debt" shall include the principal of, premium, if any, and interest on all Obligations of every nature of such Subsidiary Guarantor from time to time owed to the lenders under the Partnership Credit Facility, including, without limitation, principal of and interest on, and all fees, indemnities and expenses payable by such Subsidiary Guarantor under, the Partnership Credit Facility, and (y) in the case of amounts owing by such Subsidiary Guarantor under the Partnership Credit Facility and guarantees of Designated Senior Indebtedness, "Guarantor Senior Debt" shall include interest accruing thereon subsequent to the occurrence of any Event of Default specified in clause (h) or (i) of Section 6.01 relating to such Subsidiary Guarantor, whether or not the claim for such interest is allowed under any applicable Bankruptcy Law. Notwithstanding the foregoing, "Guarantor Senior Indebtedness" shall not include (i) Indebtedness evidenced by the Notes or the Guarantees, (ii) Indebtedness that is expressly subordinate or junior in right of payment to any other Indebtedness of such Subsidiary Guarantor, (iii) any liability for federal, state, local or other taxes owed or owing by such Subsidiary Guarantor, (iv) Indebtedness of such Subsidiary Guarantor to the Partnership or a Subsidiary of the Partnership or any other Affiliate of the Partnership, (v) any trade payables of such Subsidiary Guarantor, and (vi) any Indebtedness which is incurred by such Subsidiary Guarantor in violation of this Indenture.

  • Senior Notes means $500,000,000 in aggregate principal amount of the Borrower’s 6.75% senior unsecured notes due 2025 issued pursuant to the Senior Notes Indenture on the Closing Date.

  • or "Notes means the Revolving Notes, the Swingline Note and/or the Term Notes, collectively, separately or individually, as appropriate.

  • 2014 Notes means the aggregate principal amount of US$399,517,000 of 10.25% Guaranteed Senior Notes Due 2014 issued pursuant to the 2014 Note Indenture.

  • Junior Notes means Note B-1, Note B-2, Note B-3 and Note B-4.

  • Senior Note Indentures means, collectively, the Senior Note (2020) Indenture, the Senior Note (2021) Indenture, the Senior Note (2022) Indenture and the Senior Note (2023) Indenture.

  • Subordinated Notes means the Initial Notes and the Exchange Notes and, more particularly, any Subordinated Note authenticated and delivered under this Indenture, including those Subordinated Notes issued or authenticated upon transfer, replacement or exchange.

  • Senior Secured Notes means the $1,875 million aggregate principal amount of 7.375% Senior Secured Notes due 2023 of the Borrower including, as the same may be amended, supplemented, waived or otherwise modified from time to time, including any senior secured exchange notes issued in lieu thereof.

  • 2015 Notes means the 8.375% senior notes due 2015 in the principal amounts of $615 million and €500 million issued pursuant to the 2015 Notes Indenture.

  • 2028 Notes means the Borrower’s $650,000,000 aggregate principal amount notes due June 13, 2028, issued in June 2023 and July 2023.

  • 2011 Notes means those certain notes issued pursuant to the Note Purchase Agreement dated as of March 22, 2011 among the Company and the purchasers named in Schedule A thereto.

  • 2019 Notes has the meaning set forth in the definition of “2018 Exchange Offers”.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Subordinate Notes means the B Notes and the C Notes, individually or collectively, as the context may require.

  • Guarantor Senior Indebtedness means all indebtedness, obligations or liabilities of the Guarantor, whether outstanding at the date of effectiveness of the Fifth Supplemental Indenture to the Indenture or thereafter incurred, assumed, guaranteed or otherwise created (including, without limitation, interest accruing on or after a bankruptcy or other similar event, whether or not an allowed claim therein), in respect of (A) indebtedness of the Guarantor for money borrowed, (B) indebtedness evidenced by securities, debentures, bonds, notes or other similar instruments issued by the Guarantor, (C) all capital lease obligations of the Guarantor, (D) all obligations of the Guarantor issued or assumed as the deferred purchase price of property, all conditional sale obligations of the Guarantor and all obligations of such obligor under any title retention agreement (but excluding trade accounts payable arising in the ordinary course of business), (E) all obligations of the Guarantor for reimbursement on any letter of credit, banker's acceptance, security purchase facility or similar credit transaction, (F) all obligations of the type referred to in clauses (A) through (E) of other Persons for the payment of which the Guarantor is responsible or liable as obligor, guarantor or otherwise, and (G) all obligations of the type referred to in clauses (A) through (F) of other Persons secured by any lien on any property or asset of the Guarantor (whether or not such obligation is assumed by such obligor), except for any such indebtedness, obligations or liabilities the terms of which expressly provide that such indebtedness, obligation or liability is equal or subordinated in right of payment to the Guarantor's guarantee with respect to the Subject Securities, as the case may be. For greater certainty, "Guarantor Senior Indebtedness" includes all indebtedness, obligations or liabilities between or among the Guarantor and its Affiliates, except for such indebtedness, obligations or liabilities the terms of which expressly provide that such indebtedness, obligation or liability is equal or subordinated in right of payment to the Guarantor's guarantee with respect to the Subject Securities, as the case may be.

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Guarantor Subordinated Obligations means, with respect to a Subsidiary Guarantor, any Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) that is expressly subordinated in right of payment to the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee pursuant to a written agreement.

  • Senior Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • Senior Secured Notes Documents means the Senior Secured Notes Indenture, the Senior Secured Notes Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any supplemental indenture, any security document relating to the Senior Secured Notes and/or the Senior Secured Notes Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Guarantee of the Notes means the guarantee of the Notes given by the Guarantor in the Trust Deed;

  • Subordinated Intercompany Note means the Intercompany Subordinated Note, dated as of the Agreement Date, by and among Holdings, the Borrower and each Restricted Subsidiary of Holdings from time to time party thereto.

  • MAC Notes The Classes of Modifiable And Combinable STACR® Notes shown on

  • Unsecured Notes means the Borrower’s $700,000,000 10.75% Senior Notes due 2023 issued pursuant to the Unsecured Notes Indenture dated as of July 31, 2015.

  • Existing Unsecured Notes the Borrower’s 11.5% Senior Notes due 2018, issued pursuant to the Existing Unsecured Indenture, outstanding on the Closing Date or subsequently issued in exchange for or in respect of any such notes.

  • Senior Notes Indentures means, collectively, the 2020 Senior Notes Indenture and the 2023 Senior Notes Indenture.