Second Amended and Restated Note definition
Examples of Second Amended and Restated Note in a sentence
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”).
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 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 Company and J▇▇▇▇▇▇ 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 “J▇▇▇▇▇▇ Note”) dated as of October 26, 2020 (as amended, amended and restated, supplemented or otherwise modified from time to time) by and among J▇▇▇▇▇▇, the Company, and certain subsidiaries of the Company signatory thereto.
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 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.
Each Second Amended and Restated Note (Plan B) shall bear interest at the lesser of (i) 9% per annum, compounded monthly, or (ii) the highest rate permitted by law.
For any fourth, fifth or sixth Payment Suspension, the Maturity Date of each Second Amended and Restated Note (Plan A) shall not be further extended.
Each Second Amended and Restated Note (Plan A) shall bear interest at the lesser of (i) 9% per annum, compounded on a monthly basis (to the extent such interest is not paid currently as provided in Section 1(a)(2)A below), or (ii) the highest rate permitted by law.