Takeback Notes definition

Takeback Notes means $500,000,000 of Exit Senior Unsecured Notes which shall be issued to Holders of Allowed Prepetition Notes Claims pursuant to the Plan.
Sample 1Sample 2Sample 3
Takeback Notes means the Issuer’s $750 million aggregate principal amount of 5.875% second lien secured notes due November 1, 2029 issued pursuant to the indenture dated as of April 30, 2021, by and among the Issuer, the guarantors party thereto, the grantor party thereto and Wilmington Trust, National Association, as trustee and collateral agent and outstanding on the Issue Date.
Sample 1Sample 2Sample 3
Takeback Notes means the $300.0 million in principal amount of 10.0% senior secured first lien notes issued by the Borrower on the Effective Date pursuant to the Takeback Notes Indenture, as such notes may be amended, supplemented, refinanced or otherwise modified to the extent permitted thereunder.
Sample 1

Examples of Takeback Notes in a sentence

  • Any and all such New Takeback Notes will be “restricted securities” as defined in Rule 144(a)(3) under the Securities Act, subject to resale restrictions and may be resold, exchanged, assigned, or otherwise transferred only pursuant to registration or an applicable exemption from registration under the Securities Act and other applicable law.

  • All such Persons and Entities including DTC shall be required to accept and conclusively rely upon the Plan, the Combined Order, the Scheme of Arrangement, or the Irish Confirmation Order in lieu of a legal opinion regarding whether the New Takeback Notes or the New Common Equity (including any New Common Equity issuable upon exercise of the MDT II CVRs) are exempt from registration and/or eligible for DTC book-entry delivery, settlement, and depository services.

  • The Reorganized Debtors intend to make the New Takeback Notes eligible for clearance and settlement through the facilities of DTC.The Debtors believe that either the MDT II CVRs issued to the MDT II shall not constitute a “security”, or that the issuance of the MDI II CVRs shall be exempt from registration under section 5 of the Securities Act pursuant to Section 4(a)(2) of the Securities Act and/or Regulation D promulgated thereunder.

  • The Debtors or Reorganized Debtors (as applicable) shall use their best efforts to make the New Common Stock and Takeback Notes to be distributed to Holders of the Prepetition Notes eligible for distribution through the facilities of DTC.

  • Notwithstanding anything herein to the contrary, no Distribution Agent will be required to make distributions or payments of less than $100.00 (whether in Cash or otherwise) or to make partial distributions or payments of fractions of dollars, Takeback Notes, or New Common Stock, in each case with respect to Impaired Claims or Impaired Equity Interests.

  • The Exit Senior Unsecured Notes will consist of the Rights Offering Notes and the Takeback Notes to be issued under the Exit Senior Unsecured Notes Indenture.

  • The Plan provides that, in the absence of a timely election by the Holder of First Lien Claim to the contrary (discussed below), (a) Holders of First Lien Term Loans will receive any New Second Priority Takeback Debt issued to them under the Plan in the form of New Takeback Loans and (b) Holders of First Lien Notes will receive any New Second Priority Takeback Debt issued to them under the Plan in the form of New Takeback Notes.

  • It appears likely that the New Second Priority Takeback Term Loans and the New Takeback Notes will be publicly traded during the relevant period, in which case the issue price of the New Second Priority Takeback Term Loans and the New Takeback Notes will be their respective fair market values as of their issue dates.Payments of Qualified Stated Interest.

  • On the Effective Date, the Reorganized Parent shall issue the New GUC Takeback Notes, if any, on the terms set forth in the Plan and the New GUC Notes Documents.

  • SECURITIES LAW MATTERS 107 A.Issuance & Transfer of 1145 Securities 107 B.Issuance of New Takeback Notes 110 C.Issuance of MDT II CVRs 110 XI.


More Definitions of Takeback Notes

Takeback Notes means $500,000,000 of Exit Senior Unsecured Notes which shall be issued pursuant to the Plan.
Sample 1

Related to Takeback Notes

  • Permitted Notes means (i) unsecured senior or senior subordinated debt securities of the Borrower, (ii) debt securities of the Borrower that are secured by a Lien on the Collateral ranking junior to the Liens securing the Obligations pursuant to a Second Lien Intercreditor Agreement or (iii) debt securities of the Borrower that are secured by a Lien ranking pari passu with the Liens securing the Obligations pursuant to a First Lien Intercreditor Agreement; provided that (a) in the case of debt securities issued in reliance on Section 7.03(s)(iii), such debt securities are issued for cash consideration, (b) the terms of such debt securities do not provide for any scheduled repayment, mandatory redemption or sinking fund obligations prior to the Maturity Date of the Term Facility (other than customary offers to repurchase upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default), (c) the covenants, events of default, guarantees, collateral and other terms of which (other than interest rate and redemption premiums), taken as a whole, are not more restrictive to the Borrower and the Restricted Subsidiaries than those in this Agreement; provided that a certificate of a Responsible Officer of the Borrower delivered to the Administrative Agent at least three Business Days (or such shorter period as the Administrative Agent may reasonably agree) prior to the incurrence of such debt securities, together with a reasonably detailed description of the material terms and conditions of such debt securities or drafts of the documentation relating thereto, stating that the Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirement shall be conclusive evidence that such terms and conditions satisfy the foregoing requirement, (d) at the time that any such Permitted Notes are issued (and after giving effect thereto) no Event of Default shall exist, (e) the Borrower shall be in compliance with the covenants set forth in Section 7.11 determined on a Pro Forma Basis as of the last day of the most recently ended Test Period for which financial statements were required to have been delivered pursuant to Section 6.01(a) or (b), as applicable (or if no Test Period cited in Section 7.11 has passed, the covenants in Section 7.11 for the first Test Period cited in such Section shall be satisfied as of the last four quarters ended), in each case, as if such Permitted Notes had been outstanding on the last day of such four quarter period, and (f) no Subsidiary of the Borrower (other than a Guarantor) shall be an obligor and no Permitted Notes shall be secured by any collateral other than the Collateral.

  • Company Notes means the 5.500% Senior Notes of the Company due 2027 issued under the Indenture.

  • New Senior Notes has the meaning set forth in the recitals hereto.

  • Debt Obligations means any debt obligations issued or guaranteed by the Government of Japan.

  • Senior Notes means $500,000,000 in aggregate principal amount of the Borrower’s 6.75% senior unsecured notes due 2025 issued pursuant to the Senior Notes Indenture on the Closing Date.

  • Permitted Debt Exchange Notes shall have the meaning provided in Section 2.15(a).

  • Subordinated Notes means the Initial Notes and the Exchange Notes and, more particularly, any Subordinated Note authenticated and delivered under this Indenture, including those Subordinated Notes issued or authenticated upon transfer, replacement or exchange.

  • 2028 Notes has the meaning specified in the recitals of this Supplemental Indenture.

  • New Notes shall have the meaning assigned to such term in Section 32.

  • debt obligation means a public security, as defined by Government Code 1201.002, secured by and payable from ad valorem taxes. The term does not include public securities that are designated as self-supporting by the political subdivision issuing the securities. Gov’t Code 1251.051(1)

  • 2019 Notes has the meaning set forth in the definition of “2018 Exchange Offers”.

  • Second Lien Notes has the meaning set forth in the recitals hereto.

  • 2023 Notes means the 6 7/8% Notes due 2023 issued by NTL pursuant to the 1988 Indenture.

  • First Lien Notes means the 8.000% first lien secured notes due April 1, 2027, issued by Frontier pursuant to the First Lien Notes Indenture.

  • Senior Notes Claim means a Claim arising under or as a result of the Senior Notes.