Potential Equity Notes definition

Potential Equity Notes. As of the relevant time of determination, the Class B Notes and the Class C Notes and any other Secured Notes if the Issuer (upon their issuance for U.S. federal income tax purposes) has not received an opinion in respect of such Secured Notes from nationally recognized tax counsel experienced in such matters and reasonably acceptable to the Issuer to the effect that such Secured Notes will be treated as debt for U.S. federal income tax purposes.

Examples of Potential Equity Notes in a sentence

  • It agrees and acknowledges that the failure to provide such form may result in withholding from payments in respect of its Potential Equity Notes, including U.S. federal withholding or backup withholding, and that any purported transfers made in violation of the foregoing requirements shall be void ab initio.

  • It agrees that the Issuer or the Trustee may provide such information and any other information concerning its investment in such Potential Equity Notes to the IRS.

  • Each Holder and beneficial owner agrees and acknowledges that the failure to provide such form may result in withholding from payments in respect of the Potential Equity Notes or the Subordinated Notes (as applicable), including U.S. federal withholding or backup withholding, and that any purported transfers made in violation of the foregoing requirements shall be void ab initio.

  • It agrees that the Issuer or the Trustee may provide such information and any other information concerning its investment in the Potential Equity Notes or the Subordinated Notes to the IRS.

  • TheOn the Refinancing Date, the Class B Notes and Class C Notes shall constitute Potential Equity Notes on the Closing Date and shall be issued as Certificated Notes on the Closing Date.

  • The Class B Notes and Class C Notes shall constitute Potential Equity Notes on the Closing Date and shall be issued as Certificated Notes on the Closing Date.