Examples of June 2005 Notes in a sentence
The undersigned Lenders and Additional Xxxxxx Holders acknowledge that they have not transferred, conveyed or assigned any of the Xxxxxx Note, the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them and the undersigned Lenders and Additional Xxxxxx Holders acknowledge that they have not assigned any rights under the Loan Documents or under the Subordination Agreement.
The Lenders covenant to give a copy of this Omnibus Amendment and Consent to any purchaser of the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes prior to the actual purchase and to attach a copy of this Omnibus Amendment and Consent to any of such notes where the undersigned is the named payee or holder.
Upon request of the Company, each Lender agrees to deliver to the Company any of the June 2005 Notes, the September 2005 Notes, the November 2005 Notes or the January 2006 Notes issued to them, in exchange for an amended and restated Note (the “Replacement Note”) incorporating the amendments set forth in this Omnibus Amendment and Consent.
The Outlook for full year 2010 interest expense includes approximately $38 million related to the amortization of certain non-cash charges for forward-starting interest rate swaps, predominately interest rate swaps associated with the June 2005 Notes (“2005 Swaps”) that were entered into to hedge interest rate risk on the refinancing of the 2005 Notes.
The Notes are being exchanged for the Company's 12% Senior Subordinated Notes due June 15, 2005 (the "June 2005 Notes").
Under the terms of the Security Agreement, the Security Interest previously granted by the Companies to NIR in the Security Agreement as security for repayment of the “EXECUTION VERSION” June 2005 Notes, the September 2005 Notes, and the December 2005 Notes also stood as security for repayment of the September 2006 Notes.
The holders of the Senior Note and the holders of the June 2005 Notes shall have entered into a subordination agreement, in form and substance acceptable to the Lenders, pursuant to which all liens (and all other interests in collateral) securing the Company’s obligations under the Senior Note, the Xxxxxx Term Loan, the June 2005 Notes and the June 2005 Bridge Loan shall be fully subordinated to the liens (and other interests in collateral) securing the Loans.