Examples of Prudential Note in a sentence
In the event that the Prudential Note Documents (or any amendment, restatement, refinancing or replacement thereof), whether in whole or in part, contains any financial covenant that is more restrictive than, or in addition to, the financial covenants set forth in this Section 7.10, then the terms of this Agreement shall, without any further action on the part of the Administrative Agent or the Lenders, be deemed to be automatically amended to include such financial covenant.
Notwithstanding anything herein to the contrary, the parties hereto agree that the obligations of each holder of a Prudential Note to Collateral Agent under this Section 9(g) shall be limited to the amount of the proceeds of the Collateral it receives hereunder, under the Security Documents or from any other source that is attributable to the Collateral.
Each of the Borrower and SMF (assuming with respect to SMF, that the fraudulent transfer savings language contained in the Guaranty applicable to SMF will be given full effect, and assuming with respect to the Borrower that the Prudential Note Guaranties and the Guaranty are disregarded as obligations of SMF) is, and after the making of each Loan hereunder will be, Solvent.
The Collateral Agent is authorized hereby to execute releases of liens with respect to property of the Company or the other Credit Parties to the extent that the sale, transfer or other disposition thereof is not prohibited by the terms of the Credit Agreement, the Prudential Note Agreement, the 1997 Note Agreement, the 1998 Note Agreement or any other Creditor Document.
Without limitation of the immediately preceding sentence, the Company will not permit any Principal Credit Facility (including the Credit Agreement, the Prudential Note Agreement and any Other Note Agreement) to be secured by any consensual Lien unless the Notes are simultaneously secured pursuant to terms and provisions, including an intercreditor agreement, satisfactory to the Required Holders.
On September 29, 2022, we entered into the Prudential Note Agreement for potential future private placement issuances of Prudential Notes with PGIM Private Capital (“Prudential”) of up to US$300 million, net of any existing Senior Notes and Prudential Notes held by Prudential.
The Prudential Note Agreement has a three-year term ending September 29, 2025.
We have the ability to issue incremental Prudential Note tranches under the Prudential Note Agreement, subject to acceptance by Prudential, with varying maturities as determined by us, and with coupon pricing determined at the time of each Prudential Note issuance.
In particular, where assets do not satisfy either the primary objects or the liquid asset tests, SSAs will look for evidence that credit unions are employing appropriate risk management techniques, including regular market value assessments and appropriate provisioning for risks (see Prudential Note 4.3 on Accounting and Disclosure).
All outstanding amounts under issued Prudential Notes will be accelerated and must be repaid upon the occurrence of certain events of default under the Prudential Note Agreement.