Note Facility definition

Note Facility means the note facility governed by the DK Note Purchase Agreement and one or more debt facilities providing for notes or other Indebtedness that replace or refinance such note facility, including any such replacement or refinancing facility that increases or decreases the amount permitted to be borrowed or incurred thereunder or alters the maturity thereof and whether by the same or any other agent, holder, lender or group of holders or lenders, and any amendments, supplements, modifications, extensions, renewals, restatements, amendments and restatements or refundings thereof or any such facilities that replace or refinance such note facility (or any subsequent replacement thereof), in each case to the extent not restricted by this Agreement.
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Note Facility. Senior secured U.S. Dollar denominated notes equivalent at Closing to C$250,000,000 (the “Second Lien Notes”), to be issued to the Existing Lenders and the Existing Holders (collectively, the “Noteholders”) as part of the CBCA Plan of Arrangement, in consideration for the retirement of the indebtedness under the Existing Credit Agreement (other than the Existing LCs and the Existing Swing Line Overage) and the Existing Notes, based on their “Pro Rata Shares”, as agreed to between the parties in the Debt Arrangement Term Sheet. No other purchase price is payable in respect of the Second Lien Notes, and no new funds will be advanced thereunder.
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Note Facility means the financing made available to AESC by the Noteholders pursuant to the Refinancing Indenture and the Amended Notes.
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Examples of Note Facility in a sentence

  • Except as expressly amended hereby, the provisions of the Note Facility are and shall remain in full force and effect.

  • Capitalized terms used herein without definition have the respective meanings ascribed to them in the Master Note Facility (as amended from time to time).

  • The Uncommitted Master Note Facility and the Notes and all documents, instruments and agreements related thereto are hereby ratified and confirmed by each of the Obligors and the Additional Obligor in all respects and shall continue in full force and effect.

  • Any and all notices, requests, certificates and other instruments executed and delivered after the execution and delivery of this Amendment may refer to the Note Facility without making specific reference to this Amendment, but nevertheless all such references shall include this Amendment unless the context otherwise requires.

  • The Obligors and the Additional Obligor each hereby ratifies and confirms all of its obligations to the holders, and the Obligors and the Additional Obligor each hereby affirms its absolute and unconditional promise to pay to the holders all amounts due or to become due and payable to the holders under the Uncommitted Master Note Facility and the Notes.

  • Except as otherwise expressly provided herein (and expressly permitted by the Master Note Facility), all of the provisions of the Master Note Facility are incorporated by reference herein, shall apply to the Series [ ] Notes as if expressly set forth in this Supplement and all references to “Notes” shall include the Series [ ] Notes.

  • Unless otherwise defined herein, capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Note Facility.

  • The undersigned agrees that this Joinder Agreement shall be deemed to be, and is hereby made a part of, the Uncommitted Master Note Facility and the Notes as if set forth therein in full.

  • Subject to the terms and conditions of this Supplement and the Master Note Facility and on the basis of the representations and warranties hereinafter set forth, the Obligors will issue and sell to each of the Purchasers, and the Purchasers will purchase from the Obligors, at the Closing provided for in Section 3, Series [ ] Notes in the principal amount specified opposite their respective names in the attached Schedule A hereto at the purchase price of 100% of the principal amount thereof.

  • The Additional Obligor hereby further agrees to comply with, and be bound by, all of the terms and conditions of the Uncommitted Master Note Facility in all respects as an original Obligor thereunder, as if such Additional Obligor was an original signatory thereto, assuming all obligations and liabilities arising or incurred under the Uncommitted Master Note Facility and the Notes on and after the date of this Agreement.


More Definitions of Note Facility

Note Facility means the Note Purchase Agreement, dated as of May 7, 2007, between the Operating Partnership and M▇▇▇▇▇▇ Lynch, Pierce, F▇▇▇▇▇ & S▇▇▇▇, Incorporated, the Guaranty Agreement, dated as of May 7, 2007, and the Pledge and Security Agreement, dated as of May 7, 2007, by and among the Guarantors and the Operating Partnership and any and all contracts or other instruments ancillary thereto.
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Related to Note Facility

  • Bank Facility means any credit agreement, including the Existing Credit Agreement, together with the related documents thereto (including, without limitation, any guarantee agreements and security documents), in each case as such agreements may be amended (including any amendment and restatement thereof), supplemented or otherwise modified from time to time, including one or more credit agreements, loan agreements or similar agreements or indentures extending the maturity of, refinancing, replacing or otherwise restructuring (including increasing the amount of available borrowings thereunder or adding Restricted Subsidiaries of the Borrower as additional borrowers or guarantors thereunder) all or any portion of the Indebtedness under such agreement or agreements or any successor or replacement agreement or agreements and whether by the same or any other agent, holders, lender or group of lenders.

  • Off-site facility means a structural BMP located outside the subject property boundary described in the permit application for land development activity.

  • Credit Facility shall include any agreement or instrument (1) changing the maturity of any Indebtedness Incurred thereunder or contemplated thereby, (2) adding Subsidiaries of the Company as additional borrowers or guarantors thereunder, (3) increasing the amount of Indebtedness Incurred thereunder or available to be borrowed thereunder or (4) otherwise altering the terms and conditions thereof.

  • Loan Facility means the Revolving Loan Facility, the Transaction Specific Loan Facility or the Transaction Specific Revolving Loan Facility established by Lender in favor of Borrower under the Loan Documents.

  • Refinancing Facility has the meaning specified in Section 2.16(a).