Incremental Notes definition

Incremental Notes has the meaning specified in Section 7.03(m).

Incremental Notes means Indebtedness of the Loan Parties in respect of one or more series of senior secured first lien notes issued pursuant to an indenture or a note purchase agreement in a public offering, Rule 144A or other private placement; provided that:

Incremental Notes as defined in Section 10.2.1(n).

Examples of Incremental Notes in a sentence

• If the Incremental Notes Arranger is not the Administrative Agent, the actions authorized to be taken by the Incremental Notes Arranger herein shall be done in consultation with the Administrative Agent and, with respect to applicable documentation (including amendments to this Agreement and the other Loan Documents), any comments to such documentation reasonably requested by the Administrative Agent shall be reflected therein.

• Each Obligor will not, and will not permit any Subsidiary to, create, incur, assume or permit to exist any Restrictive Agreement (other than this Agreement, the Security Documents, documents governing Purchase Money Liens securing Permitted Purchase Money Debt, the ABL Loan Documents or documents governing secured Incremental Notes to the extent permitted by Section 10.2.1(n)).

• The Lenders hereby authorize the Administrative Agent to enter into amendments to this Agreement and the other Loan Documents with the Borrower as may be necessary in order to secure any New Incremental Notes with the Collateral and/or to make such technical amendments as may be necessary or appropriate in the reasonable opinion of the Administrative Agent and the Borrower in connection with the issuance of such New Incremental Notes, in each case on terms consistent with this Section 2.19(d).

• The Parent Borrower may appoint any Person as arranger of such New Incremental Notes (such Person (who may be the Administrative Agent, if it so agreed), the “Incremental Notes Arranger”).

• Replace Section 4.7 with “[Reserved]” for Incremental Notes issued to Pura Vida Master Fund, Ltd.

More Definitions of Incremental Notes

Incremental Notes has the meaning specified in Section 2.15.

Incremental Notes as defined in Section 2.2(c).

Incremental Notes means the first priority senior secured convertible notes issued on an Incremental Funding Date by the Borrowers to the Incremental Purchasers in the aggregate principal amount of the applicable Incremental Advance plus the Restatement Fee payable on the applicable Incremental Funding Date, with the Conversion Price for each Incremental Note set forth in Schedule 1.1(d) (provided, that any share price set out in this Agreement shall be subject to adjustment from time to time in the same manner as is set out in the Notes with respect to the Conversion Price), as amended by the Amended and Restated Notes.

Incremental Notes has the meaning specified in Section 2.04(e)(i).

Incremental Notes means the first priority senior secured convertible notes issued on an Incremental Funding Date by the Borrowers to the Incremental Purchasers in the aggregate principal amount of the applicable Incremental Advance plus the Restatement Fee payable on the applicable Incremental Funding Date, in substantially the form attached hereto as Exhibit A-3, with a Conversion Price equal to (a) with respect to the first Incremental Advance, $0.26, and (b) with respect to each subsequent Incremental Advance, the Restatement Conversion Price (provided, that any share price set out in this Agreement shall be subject to adjustment from time to time in the same manner as is set out in Section 4.5 of the Notes with respect to the Conversion Price), as amended, modified, supplemented or restated from time to time, together with all notes issued in substitution or exchange therefor.

Incremental Notes has the meaning assigned to such term in Section 2.12(a).

Incremental Notes has the meaning assigned thereto in Section 2.8(f).