Examples of Initial Term Notes in a sentence
The Borrowers agree that in order to evidence the Initial Term Loan, the Borrowers will execute and deliver to each Lender on the Closing Date a promissory note, dated the Closing Date, substantially in the form of Exhibit A (collectively, the "Initial Term Notes"), payable to the order of such Lender in the principal amount of its respective Percentage Interest in the Initial Term Loan.
Each such promissory note shall (i) in the case of the Initial Term Loan, be in the form of Exhibit B-1 (an “Initial Term Note”), (ii) in the case of the Delayed Draw Tranche A Loan, be in the form of Exhibit B-2 (a “Delayed Draw Tranche A Note”) and (iii) in the case of the Delayed Draw Tranche B Loan, be in the form of Exhibit B-3 (a “Delayed Draw Tranche B Note”, and, together with the Initial Term Notes and the Delayed Draw Tranche A Notes, the “Notes”).
If any Holder fails to deliver a notice to the Administrative Agent of its election to decline receipt of its Applicable Percentage of any mandatory prepayment within the time frame specified by the Administrative Agent, such failure will be deemed to constitute an acceptance of such Holder’s Applicable Percentage of the total amount of such mandatory prepayment of Initial Term Notes and Additional Term Notes.
Any form of Variable Funding Note, an Initial Term Note or a Quarterly Term Note approved by or pursuant to an Issuer Certificate must be acceptable as to form to the Indenture Trustee, such acceptance to be evidenced by the Indenture Trustee’s authentication of Variable Funding Notes, Initial Term Notes or Quarterly Term Notes in that form or a certificate signed by an Indenture Trustee Authorized Officer and delivered to the Issuer.
This Note is one of the Initial Term Notes referred to in the Term Loan Credit Agreement, dated as of April 15, 2014, among the Borrower, various Lenders, Bank of America, N.A., as Administrative Agent and Collateral Agent (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Term Loan Credit Agreement”) and is entitled to the benefits thereof and of the other Credit Documents (as defined in the Term Loan Credit Agreement).
The obligation of Purchaser to accept for payment Shares validly tendered pursuant to the Offer and to pay the Per Share Amount for each such tendered and not subsequently withdrawn Share shall be subject only to the Tender Offer Conditions.
Notwithstanding anything to the contrary set forth herein, no Prepayment Premium shall be required in connection with any voluntary prepayment of Initial Term Notes in an amount of up to $100,000,000 in the aggregate during the term of this Agreement if such prepayment is applied from cash generated from operations of Holdings and its Restricted Subsidiaries.
The Termed-Out Loan of each Lender pursuant to Section 2.01(b)(ii) shall be evidenced by an amended and restated promissory note of the Borrower in substantially the form of Exhibit A-3, dated the Term-Out Date, payable to such Lender in a principal amount equal to the amount of such Termed-Out Loan and otherwise duly completed (an “Amended and Restated Term Note”), which Amended and Restated Term Note of such Lender shall amend and restate the Initial Term Notes of such Lender.
This note is one of the Initial Term Notes referred to in the Credit Agreement that, among other things, contains provisions for the acceleration of the maturity hereof upon the happening of certain events, for optional and mandatory prepayment of the principal hereof prior to the maturity hereof and for the amendment or waiver of certain provisions of the Credit Agreement, all upon the terms and conditions therein specified.
The Serial Notes and Initial Term Notes offered and sold to "qualified institutional buyers" (as defined in Rule 144A under the Securities Act) will be issued initially in global form, substantially in the form of Exhibits A-1 and A-2, respectively, attached hereto (including footnotes 1 through 4 thereto), respectively.