Examples of Prior Senior Notes in a sentence
Each of the Recapitalization Agreements complies with, and, except for the completion of the repurchase by Borrower of the Prior Senior Notes and the redemption by Borrower of certain equity interests of Borrower, in each in accordance with the applicable Recapitalization Agreements, the Recapitalization has been consummated in accordance with, all applicable laws.
Borrower has the corporate power and authority to (x) incur the Indebtedness evidenced by the Senior Notes, the Prior Senior Notes, the Senior Note Indenture and the Prior Senior Note Indenture and (y) enter into the Closing Date Prior Senior Note Indenture Amendment.
A total of 5,249,997 shares of New Common Stock was issued to the holders of the Prior Senior Notes; • The Debtors entered into a loan and security agreement which provides for a term loan of $50.0 million, or the New Loan Agreement, with certain financial institutions party thereto from time to time as lenders, or the Lenders, and Wilmington Trust, National Association, as agent for the Lenders; • FES Ltd.
This Note ranks pari passu in right of payment with (i) the Prior Senior Notes and (ii) all other Notes now or hereafter issued in accordance with the Exchange Agreement and shall be senior in right of payment to all other Indebtedness of the Company and its subsidiaries, subject to the terms herein.
In order to ensure that the liens granted to the holder of the New Senior Note is on parity with the liens granted to secure the obligations arising under the Prior Senior Notes, the Senior Holders hereby agree and covenant to execute and deliver to the Company an amendment to the Security Agreement in the form annexed hereto as Exhibit A (the “Amended Security Agreement”).
Each of the Senior Holders executing this Amendment hereby consents to the terms of the amendments to the Prior Senior Notes and Security Agreement contained in this Amendment.
Except as expressly amended hereby, each of the Prior Senior Notes (including the Reserved Senior Note) and the Security Agreements amended herein shall remain in full force and effect and are hereby ratified and confirmed by the parties hereto.
The Series 2002-1C Notes constitute Class B Notes under the Indenture which are subordinated in right of payment, the direction of remedies and certain other matters in accordance with the terms of the Indenture to the rights of the Holders of Class A Notes issued from time to time under the Indenture (including, without limitation, the Prior Senior Notes and the Series 2002-1 Senior Notes) and Other Senior Beneficiaries thereunder.
Redemption of the Prior Senior Notes................................................
ROSHAN has agreed to accept the terms of the proposed exchange and enter into a Note Exchange Agreement of even date herewith provided that payment of principal and interest under the New Roshan Note is issued on the same terms as, and on parity with, the Prior Senior Notes, and the Secured Parties have has agreed to enter into this Agreement to allow for the obligations due to Roshan pursuant to such new note to become secured under the Original Security Agreement, as amended by this Agreement.