Senior Convertible Note Indenture definition

Senior Convertible Note Indenture means that certain Indenture to be entered into by and among the Parent as issuer, the Borrower as guarantor and The Bank of New York Trust Company, N.A. as Trustee, for the issuance of $726,424,000 principal amount of Senior Convertible Notes, the form of which has heretofore been furnished to the Agents, or such other indenture on terms not materially adverse to the Lenders, as determined in the reasonable judgment of the Agents.
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Senior Convertible Note Indenture means that certain Indenture, dated as of February 1, 2006, by and among the Parent as issuer, the Borrower as guarantor and The Bank of New York Trust Company, N.A. as Trustee, providing for the Parent’s 5% Senior Convertible Notes due 2021.
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Senior Convertible Note Indenture means the Indenture dated as of November 22, 2004 among the Borrower, certain of its Subsidiaries and The Bank of New York, as trustee, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in
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Examples of Senior Convertible Note Indenture in a sentence

  • All representations and warranties of the Borrower or any Designated Guarantor contained in the Senior Convertible Note Indenture and the other Senior Convertible Note Documents are true and correct in all material respects as of the date of the issuance thereof.

  • The issuance of the Senior Convertible Notes and the execution of the Senior Convertible Note Indenture and the other Senior Convertible Note Documents have been duly authorized by all necessary action on the part of the Borrower and each Designated Guarantor and will not require any consent or approval of any governmental agency or authority that has not been obtained prior to the issuance thereof.

  • The provisions of this paragraph do not obligate the Distributor to register as a broker or dealer under the Blue Sky Laws of any jurisdiction when it determines it would be uneconomical for it to do so or to maintain its registration in any jurisdiction in which it is now registered nor obligate the Distributor to sell any particular number of Shares.

  • Senior Convertible Note Indenture -- the Indenture, dated November 24, 2004, among Parent and the Subsidiaries of Parent named therein, the Bank of New York, as trustee, together with all instruments and other agreements entered into by Parent or such subsidiaries in connection with issuance of Senior Convertible Notes.

  • The Borrower shall not designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the Senior Subordinated Note Indenture, the Senior Convertible Note Indenture or the indenture pursuant to which any Subordinated Indebtedness permitted under Section 6.1(f) is issued) for purposes of the Senior Subordinated Note Indenture, Senior Convertible Note Indenture or such other Indenture without the prior written consent of Required Lenders.


More Definitions of Senior Convertible Note Indenture

Senior Convertible Note Indenture means the Indenture dated as of November 22, 2004 among the Borrower, certain of its Subsidiaries and The Bank of New York, as trustee, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, all relating to the Senior Convertible Notes.
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Senior Convertible Note Indenture means that certain indenture among Holdings and the Borrower and DRI I, as subsidiary guarantors, and State Street Bank and Trust Company of Connecticut, N.A., as Trustee, as amended or otherwise modified from time to time after the First Amendment Effective Date in accordance with the terms hereof and thereof.
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Related to Senior Convertible Note Indenture

  • Senior Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith.

  • Permitted Convertible Notes means any unsecured notes issued by the Company in accordance with the terms and conditions of Section 6.01 that are convertible into a fixed number (subject to customary anti-dilution adjustments, “make-whole” increases and other customary changes thereto) of shares of common stock of the Company (or other securities or property following a merger event or other change of the common stock of the Company), cash or any combination thereof (with the amount of such cash or such combination determined by reference to the market price of such common stock or such other securities); provided that, the Indebtedness thereunder must satisfy each of the following conditions: (i) both immediately prior to and after giving effect (including pro forma effect) thereto, no Default or Event of Default shall exist or result therefrom, (ii) such Indebtedness matures after, and does not require any scheduled amortization or other scheduled or otherwise required payments of principal prior to, and does not permit any Loan Party to elect optional redemption or optional acceleration that would be settled on a date prior to, the date that is six (6) months after the Maturity Date (it being understood that neither (x) any provision requiring an offer to purchase such Indebtedness as a result of change of control or other fundamental change (which change of control or other fundamental change, for the avoidance of doubt, constitutes a “Change of Control” hereunder), which purchase is settled on a date no earlier than the date twenty (20) Business Days following the occurrence of such change of control or other fundamental change nor (y) any early conversion of any Permitted Convertible Notes in accordance with the terms thereof, in either case, shall violate the foregoing restriction), (iii) such Indebtedness is not guaranteed by any Subsidiary of the Company other than the Subsidiary Borrowers or Subsidiary Guarantors (which guarantees, if such Indebtedness is subordinated, shall be expressly subordinated to the Secured Obligations on terms not less favorable to the Lenders than the subordination terms of such Subordinated Indebtedness), (iv) any cross-default or cross-acceleration event of default (each howsoever defined) provision contained therein that relates to indebtedness or other payment obligations of any Loan Party (such indebtedness or other payment obligations, a “Cross-Default Reference Obligation”) contains a cure period of at least thirty (30) calendar days (after written notice to the issuer of such Indebtedness by the trustee or to such issuer and such trustee by holders of at least 25% in aggregate principal amount of such Indebtedness then outstanding) before a default, event of default, acceleration or other event or condition under such Cross-Default Reference Obligation results in an event of default under such cross-default or cross-acceleration provision and (v) the terms, conditions and covenants of such Indebtedness must be customary for convertible Indebtedness of such type (as determined by the board of directors of the Company, or a committee thereof, in good faith).

  • Subordinated Notes Indenture means that certain Subordinated Debenture Indenture between DH (f/k/a NGC Corporation) and First National Bank of Chicago, as Debenture Trustee, dated as of May 28, 1997 (as amended, restated and supplemented through the Petition Date).

  • Second Lien Notes Documents means the Second Lien Notes Indenture, the Second Lien Notes and all other agreements, instruments and other documents pursuant to which the Second Lien Notes have been or will be issued or otherwise setting forth the terms of the Second Lien Notes.

  • Subordinated Indenture means the Subordinated Note Indenture, dated as of ________ __, 19__, between the Depositor and the Indenture Trustee, as supplemented by the Supplemental Indenture.

  • Second Lien Indenture means that certain indenture, dated as of October 20, 2016, among the Company, the guarantors from time to time party thereto and U.S. Bank National Association, as trustee and notes collateral agent, relating to the 9.5% Senior Secured Second Lien Notes due 2022 of the Company, as amended, supplemented, restated, converted, exchanged, replaced or modified from time to time;