Examples of Incremental Indebtedness in a sentence
Notwithstanding anything herein to the contrary, any minimum amounts or multiples of any amount specified in this Agreement (including, without limitation, any minimum amounts or multiples of any amount in respect of any Borrowings, mandatory prepayments, optional prepayments, Incremental Commitments or New Incremental Indebtedness) may be in such lower minimum amounts or multiples as agreed to by the Administrative Agent in its sole discretion.
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.
Upon execution and delivery hereof, Company will record each Incremental Indebtedness Note in the Register.
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”).
With respect to the issuance of the Incremental Indebtedness Notes, the reference to the Closing in the definition of “Principal Amount” contained in the Second Lien Purchase Agreement shall refer to the Effective Date.