Minute Note definition

Minute Note shall have the meaning set forth in the recitals hereto.

Minute Note shall have the meaning set forth in the recitals hereto. “Moody’s” shall mean Xxxxx’x Investors Service, Inc. “Mortgage” shall mean a mortgage, deed of trust, deed to secure debt, debenture or similar security instrument. “Mortgaged Property” shall mean any Real Property owned by any Loan Party which is encumbered (or required to be encumbered) by a Mortgage pursuant to the terms hereof. “Multiemployer Plan” shall mean a plan that is a multiemployer plan as defined in Section 4001(a)(3) of ERISA subject to the provisions of Title IV of ERISA, which is contributed to by (or to which there is or may be an obligation to contribute of) Holdings, the Borrower or any Commonly Controlled Entity or to which Holdings, the Borrower or a Commonly Controlled Entity has any direct or indirect liability or has within any of the preceding five years made or accrued an obligation to make contributions. “NAIC” shall mean the National Association of Insurance Commissioners. “Net Cash” shall mean (i) Unrestricted cash and Cash Equivalents of Holdings and its Restricted Subsidiaries and (ii) cash and Cash Equivalents of Holdings and its Restricted Subsidiaries Restricted in favor of the Administrative Agent or any Lender (which cash and Cash Equivalents may also secure other Indebtedness together with the Obligations). “Net Cash Proceeds” shall mean (a) in connection with any Asset Sale, any Recovery Event or any other sale of assets, the proceeds thereof actually received in the form of cash and cash equivalents (including Cash Equivalents) (including any such proceeds received by way of deferred payment of principal pursuant to a note or installment receivable or purchase price adjustment receivable or otherwise, but only as and when received), net of (i) attorneys’ fees, accountants’ fees, investment banking fees, and other bona fide fees, costs and expenses actually incurred in connection therewith, (ii) amounts (including the principal amount, any premium, penalty or interest) required to be applied (or to establish an escrow for the future repayment thereof) to the repayment of Indebtedness (including repayments of Indebtedness under the Second Lien Loan Documents, the ABL Facility or any Permitted Incremental Equivalent Debt but only to the extent such repayment is required pursuant to the terms thereof) secured by a Lien expressly permitted hereunder on any asset that is the subject of such Asset Sale or Recovery Event or any other sale of assets, (iii) taxes paid and...

Minute Note has the meaning set forth in paragraph 2(c)(vi) below.

Examples of Minute Note in a sentence

• Substantially concurrently with the funding of the Initial Term Loans hereunder, the Closing Date Refinancing shall have been consummated and the Minute Note will be repaid in full.

• Substantially concurrently with the funding of the First Lien Term Facility, the Closing Date Refinancing shall have been consummated and the Minute Note will be repaid in full.

• Notwithstanding the foregoing, immediately upon receipt by Buyer of the Target Units, Buyer shall deliver to MNST a certificate or certificates representing the Target Units which MNST shall hold pursuant to the Security and Pledge Agreement (as hereinafter defined) until such time as Buyer has paid in cash the principal amount due under the One Minute Note.

• Upon receipt of the proceeds from the Credit Agreements, the Company shall make available to Buyer sufficient funds to pay all amounts due under the One Minute Note.

• It is understood and agreed that contemporaneously with MNST’s receipt of the One Minute Note, MNST has demanded payment thereunder such that Buyer shall remit on the Closing Date payment in cash to MNST in an amount equal to the principal amount of the One Minute Note.

• The Payment Amount, therefore, shall be $56,587,600 and the One Minute Note shall be in the principal amount of $49,585,850 (which reflects a reduction of fees paid to the Escrow Agent (defined below)).