Third Amended and Restated Note definition

Third Amended and Restated Note shall have the meaning assigned to that term in Section 8(d).
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Third Amended and Restated Note shall have the meaning assigned to such term in the preamble to this Note.
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Third Amended and Restated Note means that certain Third Amended and Restated 12% Senior Secured Promissory Note due October 14, 2024, dated as of the Closing Date, in the principal amount of $9,016,249.00 plus any interest now or hereafter deemed added to the principal balance of such Note, issued by the Company to the Purchaser on the date hereof pursuant to Section 2.1(a), and each other senior promissory note now or hereafter delivered to the Purchaser in substitution, replacement or exchange thereof, in each case as amended, restated, supplemented or modified from time to time pursuant to the provisions of this Agreement.
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Examples of Third Amended and Restated Note in a sentence

  • Other than to the extent that the Forfeit and Amendment Right is exercised by the Holder and the Third Amended and Restated Note is issued by the Issuer to the Holder, notwithstanding anything herein or in any other Note Document to the contrary, the parties hereby agree that the provisions of Sections 2 through 4 of this Note do not apply to the Additional Consideration, which shall be governed by the provisions in Section 8 below.

  • For purposes of this Section B.2(f), the number of shares of Designated Preferred held by a Note Holder shall include all shares of Designated Preferred held by Affiliates (as defined in the Third Amended and Restated Note Purchase Agreement) of such holder.

  • The Loan is evidenced by a Third Amended and Restated Note, dated August 3, 2011, executed by Borrower in favor of ▇▇▇▇▇ Fargo Bank, National Association, in the principal amount of the Loan (the “Note”), and is further evidenced by the documents described in the Loan Agreement as “Loan Documents”.

  • Interest on the outstanding principal balance of the Third Amended and Restated Note shall be paid in cash and continue to accrue at a rate per annum equal to twelve percent (12.00%) on and at all times after the date hereof until the principal amount of such Third Amended and Restated Note has been paid in full.

  • Pursuant to that certain Third Amended and Restated Note Purchase and Private Shelf Agreement dated as of May 28, 2015 (as amended from time to time prior to the date hereof, the “Existing 2015 Shelf Agreement”) between the Company, Prudential and PICA, the parties thereto amended and restated the Existing 2004 Shelf Agreement and the Series B-1 Notes and Series B-2 Notes (collectively, the “Series B Notes”) became outstanding thereunder.

  • This Series A Note (herein called the “Series A Note”) is one of a series of senior notes issued pursuant to that certain Third Amended and Restated Note Purchase and Shelf Agreement, dated as of December 21, 2010, among between the Company and the respective Purchasers named therein, (as from time to time amended, the “Note Purchase Agreement”) and is entitled to the benefits thereof.

  • The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, including any future holder of the Third Amended and Restated Note.

  • Any such invalidity, illegality or unenforceability shall not affect any other provisions of this Third Amended and Restated Note, but this Third Amended and Restated Note shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

  • Re: Third Amended and Restated Note Funding Agreement, dated as of August 1, 2010, among BXG TIMESHARE TRUST I, as Issuer, BLUEGREEN CORPORATION, as Seller and Servicer, BLUEGREEN TIMESHARE FINANCE CORPORATION I, as Depositor, the Purchasers party thereto and Branch Banking and Trust Company, as Agent.

  • This Third Amended and Restated Note may not be prepaid in whole or in part at any time without the prior written consent of the Lender.