Third Lien Exchangeable Notes definition

Third Lien Exchangeable Notes means the Company’s 12.000% Third Lien Exchangeable Senior Secured PIK Notes due 2027.
Third Lien Exchangeable Notes and, collectively with the First Lien Notes, the Second Lien Notes and the Second Lien Exchangeable Notes, the “Notes” and, the Notes collectively with the Indentures (as defined below) and the other notes documents related to each of the Indentures, the “Notes Documents”).

Examples of Third Lien Exchangeable Notes in a sentence

  • Third Lien Exchangeable Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver or consent with respect to the Third Lien Exchangeable Notes and that the pledgee is not the Company or any obligor upon the Third Lien Exchangeable Notes or any Affiliate of the Company (other than SBG) or of such other obligor.

  • The Company may, but shall not be obligated to enter into a separate agreement with any designated financial institution that would compensate it for any such transaction and the Trustee and Exchange Agent shall have no liability or responsibility to any designated financial institution or in connection with any Third Lien Exchangeable Notes transferred or to be transferred to any third party designated financial institution.

  • The Company shall notify the Trustee in writing of the name and address of any Agent not a party to this Third Lien Exchangeable Notes Indenture.

  • All agreements of each Guarantor in this Third Lien Exchangeable Notes Indenture shall bind its successors, except as otherwise provided in Section 10.06.

  • The Company shall deliver, or cause to be delivered, to the Trustee the Third Lien Exchangeable Notes so accepted and an Officer’s Certificate directing the Trustee to cancel the applicable Third Lien Exchangeable Notes and stating the aggregate principal amount of Third Lien Exchangeable Notes or portions thereof so accepted and that such Third Lien Exchangeable Notes or portions thereof were accepted for payment by the Company in accordance with the terms of this Section 3.09.

  • Any certificated PIK Notes will be issued with the description “THIS IS A PIK NOTE” on the face of such PIK Note, but shall be treated for all purposes under this Third Lien Exchangeable Notes Indenture with the same rights and obligations as the Third Lien Exchangeable Notes.

  • Without the consent of the Holders of at least 90% aggregate principal amount of Third Lien Exchangeable Notes then outstanding, no amendment, supplement or waiver under this Section 9.02 may (i) subordinate the Liens on the Collateral securing the Third Lien Exchangeable Notes to Liens securing Parity Lien Debt or Junior Lien Debt or (ii) make any changes to, or modify, the ranking of the Third Lien Exchangeable Notes in a manner that adversely affects Holders’ right to payment.

  • In connection with a PIK Payment in respect of the Third Lien Exchangeable Notes, the Company will, without the consent of Holders (and without regard to any restrictions or limitations set forth under Section 4.09 and Section 4.10), either increase the aggregate principal amount of an outstanding Global Note or issue PIK Notes under this Third Lien Exchangeable Notes Indenture.

  • The Third Lien Exchangeable Notes Indenture, the Note Guarantees or the Third Lien Exchangeable Notes may be amended or supplemented as provided in the Third Lien Exchangeable Notes Indenture.

  • With respect to the payment of PIK Interest, the Company may elect to either increase by adding PIK Interest to the aggregate principal amount of an outstanding Global Note or issue PIK Notes under the Third Lien Exchangeable Notes Indenture having the same terms as the Third Lien Exchangeable Notes issued on the Issue Date, subject to the terms set forth herein as further set forth in Section 2.14 of the Third Lien Exchangeable Notes Indenture.

Related to Third Lien Exchangeable Notes

  • Exchangeable Notes The Class M-2A and Class M-2B Notes.

  • Convertible Notes means the 2.75% Convertible Senior Notes of the Borrower due 2022 issued pursuant to the Convertible Notes Indenture.

  • 2011 Notes means those certain notes issued pursuant to the Note Purchase Agreement dated as of March 22, 2011 among the Company and the purchasers named in Schedule A thereto.

  • Refinancing Notes means any secured or unsecured notes or loans issued by the Borrower or any Subsidiary Loan Party (whether under an indenture, a credit agreement or otherwise) and the Indebtedness represented thereby; provided, that (a) (i) 100% of the Net Proceeds of such Refinancing Notes that are secured on a pari passu basis with the Term B-1 Loans are used to permanently reduce Loans and/or replace Commitments substantially simultaneously with the issuance thereof or (ii) 90% of the Net Proceeds of any other Refinancing Notes are used to permanently reduce Loans and/or replace Commitments substantially simultaneously with the issuance thereof; (b) the principal amount (or accreted value, if applicable) of such Refinancing Notes does not exceed the principal amount (or accreted value, if applicable) of the aggregate portion of the Loans so reduced and/or Commitments so replaced (plus unpaid accrued interest and premium (including tender premiums) thereon and underwriting discounts, defeasance costs, fees, commissions and expenses); (c) the final maturity date of such Refinancing Notes is on or after the Term Facility Maturity Date or the Revolving Facility Maturity Date, as applicable, of the Term Loans so reduced or the Revolving Facility Commitments so replaced; (d) the Weighted Average Life to Maturity of such Refinancing Notes is greater than or equal to the Weighted Average Life to Maturity of the Term Loans so reduced or the Revolving Facility Commitments so replaced, as applicable; (e) in the case of Refinancing Notes in the form of notes issued under an indenture, the terms thereof do not provide for any scheduled repayment, mandatory redemption or sinking fund obligations prior to the Term Facility Maturity Date of the Term Loans so reduced or the Revolving Facility Maturity Date of the Revolving Facility Commitments so replaced, as applicable (other than customary offers to repurchase or mandatory prepayment provisions upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default); (f) the other terms of such Refinancing Notes (other than interest rates, fees, floors, funding discounts and redemption or prepayment premiums and other pricing terms), taken as a whole, are substantially similar to, or not materially less favorable to the Borrower and its Subsidiaries than the terms, taken as a whole, applicable to the Term B-1 Loans (except for covenants or other provisions applicable only to periods after the Latest Maturity Date in effect at the time such Refinancing Notes are issued), as determined by the Borrower in good faith (or, if more restrictive, the Loan Documents are amended to contain such more restrictive terms to the extent required to satisfy the foregoing standard); (g) there shall be no obligor in respect of such Refinancing Notes that is not a Loan Party; and (h) Refinancing Notes that are secured by Collateral shall be subject to the provisions of a Permitted Pari Passu Intercreditor Agreement or a Permitted Junior Intercreditor Agreement, as applicable.

  • Senior Secured Notes Documents means the Senior Secured Notes Indenture, the Senior Secured Notes Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any supplemental indenture, any security document relating to the Senior Secured Notes and/or the Senior Secured Notes Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • 2014 Notes means the aggregate principal amount of US$399,517,000 of 10.25% Guaranteed Senior Notes Due 2014 issued pursuant to the 2014 Note Indenture.

  • Convertible Note Indenture means the Indenture dated as of February 21, 2014 between Emergent and the Convertible Note Trustee pursuant to which the Convertible Notes were issued.

  • Existing Notes means, collectively, the Existing Senior Guaranteed Notes and the Existing Senior Notes.

  • MAC Notes The Classes of Modifiable And Combinable STACR® Notes shown on

  • 2013 Notes means the 4.375% Senior Secured Notes due 2023 and the 5.950% Senior Secured Notes due 2043 issued by the Issuer on March 18, 2013.

  • Senior Secured Notes means the $1,875 million aggregate principal amount of 7.375% Senior Secured Notes due 2023 of the Borrower including, as the same may be amended, supplemented, waived or otherwise modified from time to time, including any senior secured exchange notes issued in lieu thereof.

  • 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.

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

  • Senior Note Indentures means, collectively, the Senior Note (2020) Indenture, the Senior Note (2021) Indenture, the Senior Note (2022) Indenture and the Senior Note (2023) Indenture.

  • Senior Unsecured Notes means $2,000,000,000 in aggregate principal amount of the Borrower’s 9.000% senior notes due 2025 issued pursuant to the Senior Unsecured Notes Indenture on the Closing Date.

  • Senior Secured Credit Facilities means the amended and restated senior secured credit facilities dated November 30, 2016 among Studio City Company Limited, the guarantors named therein, the financial institutions named as lenders therein and the agent for such lenders, including any related notes, guarantees, collateral documents, instruments and agreements executed in connection therewith, as such facilities may be amended, restated, modified, renewed, supplemented, replaced or refinanced from time to time.

  • Existing Notes Indentures means, collectively, the Existing Senior Notes Indentures and the Existing Senior Guaranteed Notes Indentures.

  • Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;

  • Bridge Notes means the series of notes, of which this Note is a part, dated on or about the date hereof, each of which are identical, other than the date of the Note, identity of the Holder and principal amount of this Note.

  • Senior Secured Credit Facility means the Loan and Security Agreement, dated as of May 31, 2017 by and among the Company and Western Alliance Bank (as amended, amended and restated, supplemented or otherwise modified from time to time, subject to the limitations herein).

  • 2017 Notes means the aggregate principal amount of US$600,000,000 of 6.25% Guaranteed Senior Notes Due 2017 issued pursuant to the 2017 Note Indenture.

  • Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).

  • Convertible Notes Indenture means the Indenture dated as of May 31, 2001, as amended by the First Supplemental Indenture dated as of February 20, 2002, among Xxxxxx Xxxxxxx Ltd., Xxxxxx Xxxxxxx LLC, as guarantor, and BNY Midwest Trust Company, as trustee.

  • Existing Senior Secured Notes means the Borrower’s $800,000,000 8.500% Senior Secured Notes due 2019, issued pursuant to the Existing Senior Secured Notes Indenture.

  • 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.

  • 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).