Second Amended and Restated Note definition

Second Amended and Restated Note means any Note delivered to an Existing Lender in accordance with the terms of the Fourth Amendment in the form of Exhibit C-1 attached to the Fourth Amendment.
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Second Amended and Restated Note means that certain Second Amended and Restated Secured Promissory Note dated July 3, 2007, by the Borrower, in favor of the Lender as amended by that certain Amendment No. 1 to Second Amended and Restated Secured Promissory Note, dated as of August 22, 2007, as further amended by that certain Amendment No. 2 to Second Amended and Restated Secured Promissory Note, dated as of September 20, 2007, as further amended by that certain Amendment No. 3 to Second Amended and Restated Secured Promissory Note, dated as of September 26, 2007, as further amended by that certain Amendment No. 4 to Second Amended and Restated Secured Promissory Note, dated as of April 30, 2008, as further amended by that certain Amendment No. 5 and Waiver to the Second Amended and Restated Secured Promissory Note, dated as of May 14, 2008, further amended by that certain Amendment No. 6 to Second Amended and Restated Secured Promissory Note, dated as of June 11, 2008, as further amended by that certain Amendment No. 7 to Second Amended and Restated Secured Promissory Note, dated as of June 25, 2008 and as further amended by that certain Amendment No. 8 to Second Amended and Restated Secured Promissory Note, dated as of July 8, 2008 (the Second Amended and Restated Secured Promissory Note,
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Second Amended and Restated Note means that certain Second Amended and Restated 12% Senior Secured Promissory Note due September 30, 2022, dated as of the Closing Date, in the principal amount of Thirty Five Million Seven Hundred Thirty-Nine Thousand Seven Hundred Ninety-Four Dollars ($35,739,794) plus any PIK Interest now or hereafter deemed added to the principal balance of such Note, issued by the Company to the Purchaser on the date hereof pursuant to Section 2.1(a), and each other senior promissory note now or hereafter delivered to the Purchaser in substitution, replacement or exchange thereof, in each case as amended, restated, supplemented or modified from time to time pursuant to the provisions of this Agreement.
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Examples of Second Amended and Restated Note in a sentence

  • For the avoidance of doubt, the payment of the Redemption Consideration shall discharge in full the Company’s obligation to repay any principal outstanding under the Second Amended and Restated Note immediately prior to the Redemption.

  • The Investor hereby agrees that, unless and until this Agreement is terminated pursuant to Article IV hereof, it will not convert or exercise all or any portion of the Second Amended and Restated Note or Second Amended and Restated Warrant into Common Stock or sell, transfer or otherwise convey all or any portion of the Second Amended and Restated Note or Second Amended and Restated Warrant from and after the date hereof and through the Redemption Date.

  • On the terms and subject to the conditions set forth in this Agreement, the Company shall redeem the Second Amended and Restated Note and Second Amended and Restated Warrant from the Investor (the “Redemption”) for the aggregate Redemption Consideration (as such term is defined in Section 1.2 below) on the Closing Date (the “Redemption Date”).

  • The Company and Jxxxxxx are party to that certain Second Amended and Restated Note Purchase Agreement (the “Note Purchase Agreement”) and Amended and Restated Senior Secured 12% Promissory Note (the “Jxxxxxx Note”) dated as of October 26, 2020 (as amended, amended and restated, supplemented or otherwise modified from time to time) by and among Jxxxxxx, the Company, and certain subsidiaries of the Company signatory thereto.

  • The parties hereto have entered into the Second Amended and Restated Note Purchase Agreement, dated as of August 14, 2008, among the parties hereto (as amended from time to time, the “Note Purchase Agreement”) to finance the purchase of Receivables by the Issuer from Conn Appliances, Inc.

  • The Advances are evidenced by the Borrower's Second Amended and Restated Note dated as of July 28, 1999 (the "Note") in the stated principal amount of $50,000,000 and secured by, among other things, a Warehouse Security Agreement dated as of June 24, 1998, as amended (as so amended, the "Warehouse Security Agreement") between the Borrower and the Agent granting the Agent a security interest in certain of the Borrower's assets.

  • Upon surrender of any outstanding First Amended and Restated Note, the Company shall deliver to the registered holder thereof a Second Amended and Restated Note in the form attached hereto as Attachment 4, dated the date of the last interest payment on such surrendered First Amended and Restated Note and in an aggregate principal amount equal to the unpaid principal amount of such surrendered First Amended and Restated Note, all in accordance with the provisions of Section 5.2 of the Agreement.

  • The holder of each Second Amended and Restated Note (Plan B) shall have an ongoing right to convert all or any portion of the then outstanding balance, including accrued, unpaid interest thereon into the Company’s Common Stock on the terms of the form of Second Amended and Restated Note (Plan B) attached hereto as Exhibit B-2.

  • The effectiveness of the Exchange is subject further to the execution and delivery by the Company and the Guarantors (as defined in the NPA referenced below) to JIG of that certain Side Letter Amendment Agreement dated as of the date hereof, pursuant to which certain provisions of that certain Second Amended and Restated Note Purchase Agreement, dated as of October 26, 2020, among the Company and certain of its subsidiaries and JIG (as amended prior to the date hereof, the “NPA”) are being amended.

  • This Note is intended to amend and restate that certain Second Amended and Restated Note, dated as of May 1, 2014 (as amended from time to time), made by the Borrower payable to the order of Bank of America, N.A., as the Credit Agent and sole Lender, in principal face amount of $80,000,000.00 (the “Original Note”), and is intended as a continuation of the transactions contemplated by the Original Note, and shall not constitute a novation of the Original Note.


More Definitions of Second Amended and Restated Note

Second Amended and Restated Note means the amended and restated Note in Agreed Form and to be dated on or before the Restructuring Date.
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Second Amended and Restated Note to evidence Borrower’s obligation to pay the principal amount of the Second Amended Loan to Lender.
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Related to Second Amended and Restated Note

  • Second Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.

  • Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Second Amendment Agreement means that certain Second Amendment Agreement dated as of October 4, 2011, among Xxxxx 0, xxx Xxxxxxxx, Xxxxxxx Xxxxx Capital Corporation, as administrative agent and collateral agent, and the Tranche B II Term Lenders party thereto, providing for, among other things, the amendment and restatement of the 2009 Credit Agreement.

  • Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.

  • Amended and Restated Registration Rights Agreement has the meaning set forth in the Recitals.

  • Eighth Amendment means the Eighth Amendment to Second Amended and Restated First Lien Credit Agreement dated as of May 23, 2014 among the Borrower, EPL, the Lenders, the Administrative Agent and the other Persons party thereto.

  • Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.

  • Second Amendment Date means February 26, 2019.

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • the First Variation Agreement means the agreement a copy of which is set out in Schedule 2.

  • Amended Facility Agreement means the Facility Agreement as amended and supplemented by this Agreement.

  • First Amendment Date means February 21, 2019.

  • Third Amendment Date means June 23, 2020.

  • Seventh Amendment means the Waiver and Seventh Amendment to Sixth Amended and Restated Credit Agreement dated as of the Seventh Amendment Effective Date among the Borrower, the Administrative Agent and the Lenders.

  • the first supplementary agreement means the agreement of which a copy is set out in the Second Schedule;

  • Existing Agreement has the meaning set forth in the recitals.

  • Ninth Amendment means the Ninth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of February 11, 2022, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Fifth Amendment means the Fifth Amendment to Fifth Amended and Restated Credit Agreement dated as of August 25, 2016, among the Borrower, the Lenders party thereto, the Administrative Agent and the other Persons party thereto.

  • the Second Supplementary Agreement means the Second Supplementary Agreement, a copy of which is set out in Schedule 3;

  • Second Amendment means that certain Second Amendment to Second Amended and Restated Credit Agreement dated as of May 1, 2020, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Tenth Amendment means that certain Tenth Amendment to Credit Agreement, dated as of November 15, 2019, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent and the Lenders party thereto.

  • First Amendment means that certain First Amendment to Credit Agreement, dated as of February 27, 2017, among the Loan Parties, the Administrative Agent and the Lenders party thereto.

  • Fourth Amendment Date means April 30, 2021.

  • Eighth Amendment Effective Date shall have the meaning provided in the Eighth Amendment.

  • Forbearance Agreement means the forbearance agreement entered into by Granite Co. prior to the implementation of the 2011 Arrangement.