New Exchange Notes definition

New Exchange Notes. The Company's 13 3/4% Subordinated Notes due 2009 to be issued pursuant to the Exchange Indenture (i) in the Exchange Offer or (ii) upon the request of any Holder of Exchange Notes covered by a Shelf Registration Statement in exchange for such Exchange Notes.
Sample 1Sample 2
New Exchange Notes means (i) up to $6,428,000 principal amount of notes being issued pursuant to the Indenture which shall initially consist of the QIB Convertible Global Note and the Non-QIB Convertible Global Note and (ii) up to $12,800,000 principal amount of notes being issued pursuant to the Indenture which shall consist of the QIB Permanent Global Note and the Non-QIB Permanent Global Note. The New Exchange Notes shall have substantially the same terms as the Value Notes (except for the provisions regarding convertibility into shares of Common Stock) and shall be secured as set forth in the Security Agreements and the Intercreditor Agreement.
Sample 1
New Exchange Notes means notes issued in a registered exchange offer pursuant to the Registration Rights Agreement.
Sample 1

Examples of New Exchange Notes in a sentence

  • The 2019 New Exchange Notes is secured by guarantees provided by certain subsidiaries of the Group.

  • The 2019 New Exchange Notes will mature on 25 September 2021, unless earlier redeemed in accordance with the terms thereof.

  • The 2019 New Exchange Notes bear interest at a rate of 8.75% per annum payable semi-annually in arrears on 25 March and 25 September of each year, commencing on 25 March 2020.

  • At any time prior to September 25, 2021 the Company may redeem up to 35% of the aggregate principal amount of the New Exchange Notes with the Net Cash Proceeds of one or more sales of Common Stock of the Company in an Equity Offering at a redemption price of 108.75% of the principal amount of the New Exchange Notes redeemed, plus accrued and unpaid interest, if any, to (but not including) the redemption date, subject to certain conditions.

  • Certainly, customers would be much happier to have the more-thoroughly tested system.

  • If the exchange offeree is a broker-dealer holding Old Notes acquired for its own account as a result of market-making activities or other trading activities, it will deliver aprospectus meeting the requirements of the Securities Act in connection with any resale of New Exchange Notes received in respect of such Old Notes pursuant to the Exchange Offer.

  • Access to the project site is through public right-of-way (ROW) and existing roads hence, land acquisition and encroachment on private property will not occur.

  • Optional Redemption of the New Exchange Notes At any time prior to September 25, 2020 the Company may at its option redeem the New Exchange Notes, in whole or but not in part, at a redemption price equal to 100% of the principal amount of the New Exchange Notes redeemed plus the Applicable Premium as of, and accrued and unpaid interest, if any, to (but not including) the redemption date.

  • No cash will be received in connection with any issue of the New Exchange Notes under the Exchange and Tender Offer.

  • In connection with the issuance of the New Exchange Notes, [●], as collateral agent, shall enter into an intercreditor agreement, which governs the relative rights, duties, authority and responsibility of the collateral agent, and the relationship among the holders of the New First Lien Notes and the New Exchange PIK Notes, with respect to their interests in the New First Lien Notes Collateral.• Issuer.


More Definitions of New Exchange Notes

New Exchange Notes means notes issued in a registered exchange offer pursuant to the Registration Rights Agreement. “QIB” means a “qualified institutional buyer” as defined in Rule 144A.
Sample 1
New Exchange Notes means the 6.75% Senior Spectrum Secured Exchange Notes due 2030, issued by the Company on the Issue Date, together with any New Exchange Notes issued after the Issue Date as interest payable in kind under the New Exchange Notes Indenture.
Sample 1

Related to New Exchange Notes

  • Private Exchange Notes See Section 2(b) hereof.

  • Exchange Notes means the Notes issued in the Exchange Offer pursuant to Section 2.06(f) hereof.

  • Permitted Debt Exchange Notes shall have the meaning provided in Section 2.15(a).

  • Permitted Debt Exchange Offer shall have the meaning provided in Section 2.15(a).

  • New Notes shall have the meaning assigned to such term in Section 32.

  • Restricted Notes means Initial Notes and Additional Notes bearing one of the restrictive legends described in Section 2.1(d).

  • Initial Notes has the meaning set forth in the recitals hereto.

  • Convertible Notes has the meaning set forth in the Recitals.

  • 2028 Notes has the meaning assigned to it in the preamble to this Indenture.

  • Subsequent Notes means any Notes issued after the First Issue Date on one or more occasions.

  • Refinancing Notes means any secured or unsecured notes or loans issued by the Borrower or any Subsidiary Loan Party (whether under an indenture, a credit agreement or otherwise) and the Indebtedness represented thereby; provided, that (a) (i) 100% of the Net Proceeds of such Refinancing Notes that are secured on a pari passu basis with the Term B-1 Loans are used to permanently reduce Loans and/or replace Commitments substantially simultaneously with the issuance thereof or (ii) 90% of the Net Proceeds of any other Refinancing Notes are used to permanently reduce Loans and/or replace Commitments substantially simultaneously with the issuance thereof; (b) the principal amount (or accreted value, if applicable) of such Refinancing Notes does not exceed the principal amount (or accreted value, if applicable) of the aggregate portion of the Loans so reduced and/or Commitments so replaced (plus unpaid accrued interest and premium (including tender premiums) thereon and underwriting discounts, defeasance costs, fees, commissions and expenses); (c) the final maturity date of such Refinancing Notes is on or after the Term Facility Maturity Date or the Revolving Facility Maturity Date, as applicable, of the Term Loans so reduced or the Revolving Facility Commitments so replaced; (d) the Weighted Average Life to Maturity of such Refinancing Notes is greater than or equal to the Weighted Average Life to Maturity of the Term Loans so reduced or the Revolving Facility Commitments so replaced, as applicable; (e) in the case of Refinancing Notes in the form of notes issued under an indenture, the terms thereof do not provide for any scheduled repayment, mandatory redemption or sinking fund obligations prior to the Term Facility Maturity Date of the Term Loans so reduced or the Revolving Facility Maturity Date of the Revolving Facility Commitments so replaced, as applicable (other than customary offers to repurchase or mandatory prepayment provisions upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default); (f) the other terms of such Refinancing Notes (other than interest rates, fees, floors, funding discounts and redemption or prepayment premiums and other pricing terms), taken as a whole, are substantially similar to, or not materially less favorable to the Borrower and its Subsidiaries than the terms, taken as a whole, applicable to the Term B-1 Loans (except for covenants or other provisions applicable only to periods after the Latest Maturity Date in effect at the time such Refinancing Notes are issued), as determined by the Borrower in good faith (or, if more restrictive, the Loan Documents are amended to contain such more restrictive terms to the extent required to satisfy the foregoing standard); (g) there shall be no obligor in respect of such Refinancing Notes that is not a Loan Party; and (h) Refinancing Notes that are secured by Collateral shall be subject to the provisions of a Permitted Pari Passu Intercreditor Agreement or a Permitted Junior Intercreditor Agreement, as applicable.