New Subordinated Notes definition

New Subordinated Notes the Borrower's 8 1/2% Senior Subordinated Notes, due 2008 ("Initial New Subordinated Notes") issued on or about May 22, 1998 and any notes, having the same terms as the Initial New Subordinated Notes, issued in exchange for the Initial New Subordinated Notes as contemplated by the documents governing the issuance of the Initial New Subordinated Notes.

New Subordinated Notes shall have the meaning provided in Section 9.04(viii).

New Subordinated Notes means the Company’s 11% Senior Subordinated Notes due 2016 issued pursuant to the New Subordinated Note Indenture in the original principal amount of $325,000,000 and any additional notes issued pursuant to the New Subordinated Note Indenture which have terms (other than interest rate, issuance price, issuance date, series and title) which are the same as the New Subordinated Note Indenture.

Examples of New Subordinated Notes in a sentence

• The New Subordinated Notes shall be issued on the Effective Date in an amount to be determined, in part, by reference to any expected Sale Proceeds yet to be received by the Reorganized Debtors, with the expectation that the terms of such New Subordinated Notes will provide that such Sale Proceeds, when received, shall be used first to repay the New Subordinated Notes as soon as reasonably practicable upon release after the Effective Date.

• Any Cash, New Common Stock, New Senior Second Lien Notes, New Subordinated Notes (if any), New Harbinger Subordinated Notes (if any), New Junior Subordinated Notes (if any), Rights Offering Senior Subordinated Notes (if any), other New Securities and Documents and/or other consideration or property to be distributed pursuant to this Plan shall, pending the implementation of such arrangements, be treated as an undeliverable distribution pursuant to Section 6.4 of this Plan.

• In such cases, any Cash, New Common Stock, New Senior Second Lien Notes, New Subordinated Notes, New Junior Subordinated Notes, Rights Offering Senior Subordinated Notes, New Harbinger Subordinated Notes, other New Securities and Documents and/or other consideration or property held for distribution on account of such Claim or Interest shall be disposed of pursuant to Section 6.4(iii) of this Plan.

• On the Effective Date, subject to the provisions of the foregoing sentence, the Prepetition Senior Subordinated Notes Indenture shall be replaced in its entirety by the New Subordinated Notes Indenture.

• Holders also should consult their tax advisors regarding the applicable tax rates and netting rules for capital gains and losses, and as to whether any resulting gain recognition may be deferred under the installment method until principal is repaid on the New Subordinated Notes.

More Definitions of New Subordinated Notes

New Subordinated Notes means those certain subordinated notes, if any, to be issued in an amount and on terms to be determined by the Debtors with the consent of the GenOn Steering Committee and, to the extent they are Exit Financing Parties, the Backstop Parties, in each case such consent not to be unreasonably withheld.

New Subordinated Notes means the new subordinated notes to be issued by Just Energy pursuant to the New Subordinated Notes Indenture and allocated among the Convertible Debentureholders in a principal amount equal to their applicable Convertible Debentureholder Pro Rata Share, which shall be in an aggregate principal amount of $15 million and shall (i) be denominated in Canadian dollars, (ii) have a 6-year maturity, (iii) have an annual interest rate of 7%, which shall be payable semi-annually in kind, (iv) be callable by Just Energy at any time at par plus accrued interest for cash (with no call protections), (v) require Just Energy to offer to repurchase the New Subordinated Notes at a price equal to 101% of par upon a change of control, (vi) require unanimous holder consent to any amendment to the maturity date, the principal, the interest rate, or the amount or timing of payment of principal or interest, (vii) not provide for a conversion right into equity of Just Energy or any of its affiliates, (viii) not be listed for trading on any securities exchange, (ix) be subordinated to the Obligations under the Credit Agreement and the New Term Loans in all respects (in the same manner and on the same terms as contained in the Convertible Debenture Debt Documents, including Article 5 of the $100 Million Debenture Indenture and $160 Million Debenture Indenture), (x) not be secured against any assets or property of Just Energy or any of its direct or indirect subsidiaries; (xi) not be guaranteed by any direct or indirect subsidiary of Just Energy; and (xii) except as provided in the foregoing, shall be substantially similar to the terms of the Convertible Debentures, or as otherwise agreed by Just Energy, the Term Loan Debtholders and the Majority Supporting Convertible Debentureholders, each acting reasonably.

New Subordinated Notes means the convertible unsecured subordinated notes to be issued as provided in Section III.B.1 and Section III.B,2.b and on the terms set forth in Exhibit I.A.66.

New Subordinated Notes means the Adjustable Senior Subordinated Notes issued by the Issuers.

New Subordinated Notes shall include any notes or instruments exchanged for then outstanding New Subordinated Notes pursuant to the New Subordinated Note Indenture.

New Subordinated Notes means those certain 8.875% Senior Subordinated Notes due 2012 issued by Xxxxxx, Inc. in an aggregate original principal amount of $175,000,000.

New Subordinated Notes the Borrower's (i) notes issued within six months of February 19, 1998 pursuant to a public offering registered under the Securities Act or (ii) notes ("Initial New Subordinated Notes") issued within six months of February 19, 1998 pursuant to Rule 144A under the Securities Act or similar exemption from the registration requirements under the Securities Act and any notes, having the same terms as the Initial New Subordinated Notes, issued in exchange for the Initial New Subordinated Notes as contemplated by the documents governing the issuance of the Initial New Subordinated Notes, in each case expressly subordinate by their terms to the obligations of the Credit Parties under this Agreement and each other Credit Document and otherwise in form and substance satisfactory to the Agents in all respects."