Examples of Upsized Notes in a sentence
Prior to the date which is 30 days following consummation of the Exchange Offer, the Company will file a registration statement on the appropriate form to register an offer to exchange senior secured notes having terms identical to the Upsized Notes (except for transfer restrictions) for the outstanding Upsized Notes (the “A/B Registration Statement”) and use its commercially reasonable best efforts to have the A/B Registration Statement declared effective.
The Upsized Notes Commitment will be subject to the payment of any outstanding invoices for fees and expenses incurred by Saybrook Restructuring Advisors, LLC and Milbank, Tweed, Xxxxxx & XxXxxx, LLP, with respect to which invoices have been delivered to the Company on or before February 3, 2004.
The payment by the Company in cash to each Purchaser of a commitment fee equal to 0.25% of the principal of the Upsized Notes required to be purchased by such Purchaser under the Commitment Letter.
If the A/B Exchange Offer does not allow holders of the Upsized Notes to exchange their notes for freely tradable senior secured notes, the Company will file a shelf registration statement covering resales of the Upsized Notes by such holders and use its commercially reasonable best efforts to have such shelf registration statement declared effective as soon as practicable.
The Upsized Notes Commitment shall expire at 5:00 p.m., New York City time, on February 6, 2004 unless at or prior to such time you shall previously have executed and returned to Milbank, Tweed, Xxxxxx & XxXxxx LLP a copy of this Commitment Letter.
Except as otherwise expressly provided in this Commitment Letter, this Commitment Letter shall not be amended, modified or supplemented, except in writing signed by the Company and each of the Purchasers provided, that the amount of each Purchaser’s commitment may be amended without the consent of the Company so long as the aggregate principal amount of the Upsized Notes Commitment remains unchanged.
The payment by the Company in cash to each Purchaser of a commitment fee equal to 0.10% of the principal of the Upsized Notes required to be purchased by such Purchaser under the Commitment Letter.