Note Exchange Agreements definition
Examples of Note Exchange Agreements in a sentence
Concurrently with the making of the Loans on the Effective Date, the Note Sellers shall have sold to the Borrower, and the Borrower shall have purchased from the Note Sellers, the Borrower’s outstanding senior unsecured notes specified in the Note Exchange Agreements, and such senior unsecured notes shall have been cancelled, in each case in accordance with the Note Exchange Agreements.
Period as determined on the Reset Date (as defined in the Note Exchange Agreements) for such Interest Period.
All notices, requests, consents and demands hereunder shall be in writing, facsimile (confirmation required) or e-mail (confirmation required) or delivered to the intended recipient at its address or facsimile number specified pursuant to Section 6.2 of the Note Exchange Agreements and shall be deemed to have been given at the times specified in said Section 6.2.
Without at least 30 days’ prior written notice to the Agent, the Company shall not (i) maintain any of its books or records with respect to the Collateral at any office or maintain its chief executive office or its principal place of business at any place other than at the address indicated for the Company in Section 6.2 of the Note Exchange Agreements or (ii) change its corporate name or the name under which it does business from the name shown on the signature page hereto.
Each capitalized term used herein and not otherwise defined shall have the meaning assigned to such term in the Note Exchange Agreements.
The Parties agree that the terms and conditions of the Exchange Offer as set forth in each of the Note Exchange Agreements attached hereto as Exhibit G are acceptable to, and agreed by, the Investors, and the Company agrees that it shall not amend, modify or waive any provision of any such Note Exchange Agreement or any other term or condition of the Exchange Offer without the prior written consent of the Investors.
To induce each of the Noteholders to enter into the applicable Note Exchange Agreements, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company has agreed to pledge and grant a security interest in the Collateral (as hereinafter defined) as security for the Secured Obligations (as hereinafter defined).
The Borrower agrees that each Lender’s obligation to make a Loan to the Borrower as provided hereunder shall be satisfied only by the deemed delivery by such Lender of 100% of the proceeds of such Lender’s Loans to the Note Sellers specified for such Lender on Schedule 2.01 in satisfaction of payment of the purchase price owed to such Note Sellers under the Note Exchange Agreements.