Second Mortgage Notes Indenture definition
Examples of Second Mortgage Notes Indenture in a sentence
Any further funds raised in terms of the Underwriting Agreement from the ArcelorMittal Group (up to a maximum of R2.3 billion), will first be used to further settle the ArcelorMittal Group Loan up to the remaining balance of approximately R1 billion, with any remaining funds in terms of the Underwriting Agreement being retained in the Company for operational and near-term capital expenditure purposes.For the avoidance of doubt, any funds raised from other Shareholders will be retained in the Company.
From and after the Completion Date, amounts on deposit in the Project Liquidity Reserve Account shall be applied by the Bank Agent as provided in Section 7.27 of the Bank Credit Agreement and Section 10.03 of the Second Mortgage Notes Indenture.
The parties further agree that the Management Fee due and payable as provided in this Section 3 shall not be paid at any time that such payment is not then permitted under the Bank Credit Agreement, the FF&E Credit Agreement or the Second Mortgage Notes Indenture (each as defined below).
From and after the Completion Date, amounts on deposit in the Project Liquidity Reserve Account shall be applied as provided in Section 7.27 of the Bank Credit Agreement and Section 10.03 of the Second Mortgage Notes Indenture.
This Agreement may be amended only by an agreement in writing executed by each of the parties hereto, but no such amendment shall become effective if the same is prohibited by the Bank Credit Agreement, the FF&E Credit Agreement or the Second Mortgage Notes Indenture as then in effect.
For so long as there is any outstanding indebtedness under the Second Mortgage Notes Indenture (as hereinafter defined), the semi-annual accrual periods shall be set to match the semi-annual interest accrual periods under the Second Mortgage Notes Indenture, and the payment date with respect to any such accrued Management Fees shall be the tenth (10th) Business Day after the date established under the Second Mortgage Notes Indenture for payment of accrued interest with respect to such semi-annual period.
From the initial funding of the Second Mortgage Notes through Exhaustion of the amounts on deposit in the Second Mortgage Notes Proceeds Account, the Indenture Trustee (acting under the Second Mortgage Notes Indenture) shall be entitled to waive the conditions precedent under Sections 3.2 and 3.3 of this Agreement with respect to Advances from the Second Mortgage Notes Proceeds Account and the Company's Funds Account without Bank Agent's or the FF&E Agent's consent.
It is a condition precedent to the purchase of the Second Mortgage Notes by the Second Mortgage Noteholders and to the Secured Party entering into the Second Mortgage Notes Indenture that Pledgor shall have established the Collateral Accounts, granted control to the Indenture Trustee (as Secured Party) of such accounts, and undertaken the obligations contemplated by this Agreement.
Secured Party shall be obligated, and shall have the right hereunder, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including, without limitation, the release or substitution of Collateral), solely in accordance with this Agreement, the Disbursement Agreement and the Second Mortgage Notes Indenture.
Secured Party has been appointed to act as Secured Party hereunder by the Second Mortgage Noteholders pursuant to the Second Mortgage Notes Indenture.