Second Lien Exchangeable Notes definition
Examples of Second Lien Exchangeable Notes in a sentence
This Second Lien Exchangeable Notes Indenture is not qualified under the Trust Indenture Act, and the Trust Indenture Act shall not apply to or in any way govern the terms of this Second Lien Exchangeable Notes Indenture.
Each Guarantor that makes a payment under its Note Guarantee will be entitled upon payment in full of all Guaranteed Obligations under this Second Lien Exchangeable Notes Indenture to a contribution from each other Guarantor in an amount equal to such other Guarantor’s pro rata portion of such payment based on the respective net assets of all the Guarantors at the time of such payment, determined in accordance with GAAP.
Upon the expiration of the applicable Distribution Compliance Period, beneficial ownership interests in the Regulation S Global Note shall be transferable in accordance with applicable law and the other terms of this Second Lien Exchangeable Notes Indenture.
Notwithstanding the foregoing, no Opinion of Counsel shall be required in connection with the addition of a Guarantor under this Second Lien Exchangeable Notes Indenture upon execution and delivery by such Guarantor and the Trustee of a supplemental indenture to this Second Lien Exchangeable Notes Indenture, the form of which is attached as Exhibit C, and delivery of an Officer’s Certificate, except as provided in Section 5.01(c).
Until Definitive Notes are ready for delivery, the Company may prepare and the Trustee, upon receipt of an Authentication Order, shall authenticate temporary Second Lien Exchangeable Notes.
The Registrar, Paying Agent and Exchange Agent shall forward to the Trustee any Second Lien Exchangeable Notes surrendered to them for registration of transfer, exchange or payment.
The notice shall contain all instructions and materials necessary to enable such Holders to tender Second Lien Exchangeable Notes pursuant to the Asset Disposition Offer.
Notwithstanding anything in this Second Lien Exchangeable Notes Indenture to the contrary, any PIK Payment in the form of an increase in the aggregate principal amount of an outstanding Global Note made in accordance with Section 4.01 shall be deemed to comply with this Section 2.04.
The Second Lien Exchangeable Notes are subject to optional redemption and may be the subject of an Offer to Purchase, as further described in the Second Lien Exchangeable Notes Indenture.
Second Lien Exchangeable Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver or consent with respect to the Second Lien Exchangeable Notes and that the pledgee is not the Company or any obligor upon the Second Lien Exchangeable Notes or any Affiliate of the Company (other than SBG) or of such other obligor.