Examples of New Floating Rate Notes in a sentence
The New Floating Rate Notes and the New Floating Rate Note Guarantees are to be issued pursuant to the terms of the indenture dated 11 February 2005 by and among the Issuer, the Guarantors named therein and The Bank of New York, (the “Trustee”), incorporated by reference to the Registration Statement (the “Indenture”).
The Issuer and Parent hereby agree to extend the benefits of this Agreement to any Holder of Original Floating Rate Notes and/or New Floating Rate Notes and any such Holder may specifically enforce the provisions of this Agreement as if an original party hereto.
The Prospectus, as it may be amended or supplemented from time to time, may be used by a broker-dealer in connection with resales of New Floating Rate Notes received in exchange for Original Floating Rate Notes where such Original Floating Rate Notes were acquired as a result of market-making activities or other trading activities.
The Exchange Offer is for the exchange of $1,000 principal amount at maturity of each series of New Cdn$ Notes, New Floating Rate Notes, New 2012 Senior Notes, New 2015 Notes and New Senior Subordinated Notes (collectively, the “New Notes”) for each $1,000 principal amount at maturity of each series of the applicable Old Notes.
Any such resale may be made directly to purchasers or to or through brokers or dealers who may receive compensation in the form of commissions or concessions from any such broker-dealer and/or the purchasers of any such New Floating Rate Notes.
Any broker-dealer that resells New Floating Rate Notes that were received by it for its own account pursuant to the Registered Exchange Offer and any broker or dealer that participates in a distribution of such New Floating Rate Notes may be deemed to be an “underwriter” within the meaning of the Securities Act and any profit of any such resale of New Floating Rate Notes and any commissions or concessions received by any such persons may be deemed to be underwriting compensation under the Securities Act.
New Floating Rate Notes received by broker-dealers for their own account pursuant to the Exchange Offer may be sold from time to time in one or more transactions in the over-the-counter market, in negotiated transactions, through the writing of options on the New Floating Rate Notes or a combination of such methods of resale, at market prices prevailing at the time of resale, at prices related to such prevailing market prices or negotiated prices.
This Prospectus, as it may be amended or supplemented from time to time, may be used by a broker-dealer in connection with resales of New Floating Rate Notes received in exchange for Original Floating Rate Notes where such New Floating Rate Notes were acquired by such broker-dealer as a result of market-making activities or other trading activities.
See “Plan of Distribution.” ANNEX C PLAN OF DISTRIBUTION Each broker-dealer that receives New Floating Rate Notes for its own account pursuant to the Registered Exchange Offer must acknowledge that it will deliver a prospectus in connection with any resale of such New Floating Rate Notes.
This Agreement shall inure to the benefit of and be binding upon the successors and assigns of each of the parties, including, without the need for an express assignment or any consent by the Issuer and Parent or subsequent Holders of Original Floating Rate Notes and/or New Floating Rate Notes.