Examples of Permanent Notes in a sentence
For the avoidance of doubt, the waiver granted pursuant to this Section 2 shall not apply to, and the Original Purchasers hereby expressly reserve their right pursuant to Section 5.4 of the Original Purchase Agreement to participate in, the issuance of indebtedness issued pursuant to the Permanent Notes Documents (as defined in the Credit Agreement).
All accrued Special Interest shall be paid by the Company and the Guarantors (or the Company and the Guarantors will cause the Paying Agent to make such payment on their behalf) to the Holders entitled thereto, in the manner provided for the payment of interest in the Existing Indenture, on each Interest Payment Date, as more fully set forth in the Indenture, the Permanent Notes and the Exchange Notes.
As of the Effective Date, the authorized and issued capital stock of each Subsidiary (other than Subsidiaries of AnnTaylor Sourcing Far East) of the Parent is set forth on Schedule 6.7 and all such issued shares are validly issued and outstanding, fully paid and non-assessable and are owned beneficially and of record as set forth in Schedule 6.7 hereto.
The interest rate applicable to each series of Permanent Notes shall at all times be the Permanent Rate for such series.
If the Xxxxxx Acquisition occurs on or prior to the Termination Date, we will redeem all of the Temporary Notes then outstanding at a redemption price equal to 100% of the aggregate principal amount thereof in exchange for a like aggregate principal amount of Permanent Notes.
Whenever the Borrower makes a prepayment of the Loans, it shall make a ratable prepayment of the Permanent Notes, to the extent the Permanent Notes are then prepayable pursuant to the terms of the PIK Notes Facility.
Notwithstanding anything to the contrary in any Note, this Indenture or any other document, the consideration paid to each such Holder on the Mandatory Exchange Redemption Date to redeem its Notes shall only consist of Permanent Notes issued by the Company in exchange for a like principal amount of Notes and having the terms described in the Existing Indenture.
Represents the gain on extinguishment of debt recorded in the year ended December 31, 2009 related to the completion of open market purchases of $89.0 million in face value of the Company’s Permanent Notes.
On each occasion an event described in Section 5.2(a) occurs, the Borrower shall, within five Business Days after the occurrence of such event, notify the Agent of a prepayment of the Loans and Permanent Notes.
Whenever the Borrower makes a voluntary prepayment of the Loans under this Section 5.1, it shall make a rateable prepayment of the Permanent Notes, to the extent the Permanent Notes are then prepayable pursuant to the terms thereof.