Examples of Kayne Notes in a sentence
Except as provided in this Section 4.2, the Kayne Notes shall be registered solely in the name of the Securities Depository or its nominee.
On the Original Issue Date for any Kxxxx Xxxxxxxx Note, one certificate for Kayne Notes shall be issued by the Company and registered in the name of Cede & Co., as nominee of the Securities Depository, and countersigned by the Paying Agent.
The initial Rate Period for Kayne Notes Series A shall be the period from and including the Original Issue Date thereof to but excluding ___, 2005.
The Company shall notify the Auction Agent if the Company or, to the best of the Company’s knowledge, any Affiliate of the Company becomes a Beneficial Owner of any Kayne Notes.
The Issuer shall maintain, as of the last Business Day of each month in which any Kayne Notes are Outstanding, asset coverage with respect to the Kayne Notes which is equal to or greater than the 1940 Act Kayne Notes Asset Coverage; provided, however, that Section 2.03(a)(ii) shall be the sole remedy in the event the Issuer fails to do so.
So long as the Kayne Notes are Outstanding and any Rating Agency is then rating the Kayne Notes, the Issuer shall maintain, as of each Valuation Date, Eligible Assets having an aggregate Discounted Value equal to or greater than the Kayne Notes Basic Maintenance Amount; provided, however, that Section 2.03(a)(ii) shall be the sole remedy in the event the Issuer fails to do so.
The obligations of the Underwriters hereunder may be terminated by the Representatives by notice given to and received by the Company prior to delivery of and payment for the Kayne Notes if, prior to that time, any of the events described in Sections 8(j) or 8(n), shall have occurred or if the Underwriters shall decline to purchase the Kayne Notes for any reason permitted under this Agreement.
On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to issue and sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Company the principal amount of Kayne Notes set forth opposite its name on Schedule I hereto.
If Notice of Redemption has been given, then upon the deposit of funds with the Paying Agent sufficient to effect such redemption, interest on such Kayne Notes will cease to accrue and such Kayne Notes will no longer be deemed to be outstanding for any purpose and all rights of the owners of the Kayne Notes so called for redemption will cease and terminate, except the right of the owners of such Kayne Notes to receive the redemption price, but without any interest or additional amount.
Such 1940 Act Kayne Notes Asset Coverage Certificate shall be delivered in the case of clause (i) above on or before the seventh Business Day following the Original Issue Date and in the case of clause (ii) above on or before the seventh Business Day after the relevant Valuation Date or the Asset Coverage Cure Date.