Examples of NPA Notes in a sentence
The portion of any such Net Cash Proceeds allocated to a mandatory offer of prepayment to the holders of the NPA Notes and held in such blocked account with the Collateral Agent pending any such prepayment of the NPA Notes is referred to herein as the “Prepayment Proceeds (NPA Notes) Cash”.
Promptly after the delivery thereof, deliver or provide to the Administrative Agent and the Lenders, to the extent not provided hereunder, all reports, documents and other information delivered or provided to the holders of the NPA Notes under the Note Purchase Agreements.
After giving effect to the execution and delivery of the Loan Documents, the consummation of the NPA Financing, including the issuance of the NPA Notes and any other transactions contemplated thereunder on the Closing Date, and the use of proceeds of the NPA Notes in connection therewith on the Closing Date, the Loan Parties and their Subsidiaries, taken as a whole, are Solvent.
Gandy.45 Princeton has the absolute right to assign its rights under the NPA, Notes, and the Judgment to any party it desires, notwithstanding the Receiver’s delusions to the contrary.46 The Receiver has absolutely no control over how Princeton conducts its business operations.
Reference is made to the Note Purchase Agreement dated as the date hereof (as amended, restated, supplemented or otherwise modified in writing from time to time, the “Note Purchase Agreement”) among the Company, USA Synthetic Fuel Corporation, a Delaware corporation (“USASF”), the Noteholders from time to time party thereto and the NPA Notes Agent.
This Agreement is for the sole benefit of the GEI Notes Agent, the NPA Notes Agent, the GEI Lenders, and the Noteholders and their respective successors and assigns and nothing herein, express or implied, is intended to or shall confer on any other Person any legal or equitable benefit or remedy under or by reason of this Agreement.
The 2014 NPA Notes are convertible into shares of the Company’s common stock, par value $0.001 per share, and are subordinated to the $5 million outstanding under the Company’s Loan and Security Agreement (the “LSA”) with Comerica Bank and to any convertible secured subordinated promissory notes outstanding under the Company’s existing 2007 NPA program.
The Seventh Amendment to 2007 NPA applied to all of the 2007 NPA Notes outstanding as of May 12, 2014, or $28,205,000, and will apply to any future 2007 NPA Notes issued by the Company.
Neither the Company nor any Subsidiary may pay the NPA Notes until ten (10) Business Days after the Senior Indebtedness Representative receives the notice described above and, after that ten (10) Business Day period, may pay the NPA Notes, and the Noteholders may receive or collect such payment, only if the provisions of this Article II do not prohibit such payment at that time.
The Company represents and warrants to the NPA Notes Agent, the GEI Notes Agent, the GEI Lenders and the Noteholders that it has reviewed the GEI Loan Documents.