Examples of Series 2 Notes in a sentence
The Series 1 Notes issued on Original Issue Date and Series 2 Notes issued on the Series 2 Issue Date will be resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S, a “U.S. Person”) in reliance on Regulation S.
The Company shall use the proceeds of the Series 2 Notes solely for the payment of fees, closing payments, expenses or other amounts incurred or paid by the Company or a Subsidiary Guarantor in connection with the Gavilan Acquisition and the Gavilan Purchase Agreement and to finance the transactions contemplated thereby.
AND EACH OF THE SUBSIDIARY GUARANTORS PARTY HERETO 15% Convertible Secured PIK Notes due 2023 (Series 1 Notes) and 15% Convertible Secured PIK Notes due 2023 (Series 2 Notes) AMENDED AND RESTATED INDENTURE Dated as of November 10, 2020 WILMINGTON SAVINGS FUND SOCIETY, FSB as Trustee TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS AND INCORPORATION BY REFERENCE 1 Section 1.01.
Assuming the accuracy of each Investor’s representations set forth in Section 3 of this Agreement, the offer, sale and issuance of the Series 2 Notes, the Conversion Shares and the Closing Date Common Stock, as contemplated by this Agreement, are exempt from the registration requirements of the Securities Act and neither the Company nor any authorized agent acting on its behalf will take any action hereafter that would cause the loss of such exemption.
The Series 2 Notes, when issued, sold and delivered in accordance with the terms of this Agreement and the Indenture, for the consideration expressed herein, will be validly issued and enforceable against the Company and each Guarantor.