Incremental Indebtedness definition
Examples of Incremental Indebtedness in a sentence
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On the Effective Date, Company will, subject to the terms and conditions set forth in this Agreement, deliver to each Purchaser the Stated Value of the Incremental Indebtedness Notes set forth with respect to such Purchaser on Supplemental Schedule 1.2A against payment of the purchase price therefor as set forth under the heading “Total Issue Price” on Supplemental Schedule 1.2A by intra-bank or federal funds wire transfer of same day funds to Company.
Having considered all facts relevant to a determination of the value of the Incremental Indebtedness Notes being acquired by the Purchasers on the Effective Date, Company and the Purchasers have concluded and do hereby agree that, within the meaning of Section 1273 of the Code, the issue price for each Incremental Indebtedness Note is as set forth in Supplemental Schedule 1.2A.
Pursuant to the Incremental Indebtedness Agreement and the Purchase Agreement, NextWave Wireless LLC has agreed to sell, and the Purchasers have agreed to purchase, the Incremental Indebtedness Notes (as defined in the Incremental Indebtedness Agreement) and, pursuant to the Incremental Indebtedness Agreement, Company has agreed to issue certain warrants to the Purchasers (the “Incremental Indebtedness Warrants”).
Neither the Company nor any of its Subsidiaries is or, immediately after receipt of payment for the Incremental Indebtedness Notes and the consummation of the transactions contemplated under this Agreement, the Incremental Indebtedness Notes, the Warrants, the Warrant Agreement, and the Registration Rights Agreement Acknowledgment, will be an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended.