Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% Senior Note due 2015 of the Issuers which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Co-Issuers will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% Senior Floating Rate Note due 2015 2010 of the Co-Issuers which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.(a)
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to use their commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/89.75% Senior Note due 2015 2014 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Sources: Indenture (Matrix Geophysical, Inc.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers will and the Guarantors shall be obligated to use their commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/89.00% Senior Note due 2015 2012 of the Issuers which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestSpecial Interest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Special Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Sources: Indenture (Horizon Lines, Inc.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to use their commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/811.75% Senior Secured Note due 2015 2013 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.2
Appears in 1 contract
Sources: Indenture (Ply Gem Holdings Inc)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Company and the Guarantors, if any, will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Initial Note for a 8 7/811.5% Senior Note due 2015 2018 of the Issuers Company which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Initial Note (except that such Note note shall not be entitled to Additional Special Interest). The Holders shall be entitled to receive certain Additional Special Interest in the event the Notes are not Freely Tradable or such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Sources: Indenture (Warner Music Group Corp.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, AirGate and the Issuers will Guarantors shall be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% First Priority Senior Secured Floating Rate Note due 2015 2011 of the Issuers AirGate which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestSpecial Interest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Special Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.1
Appears in 1 contract
Sources: Indenture (Airgate PCS Inc /De/)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, Actuant and the Issuers will Guarantors shall be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 6 7/8% Senior Note due 2015 2017 of the Issuers Actuant which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional Interestadditional interest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest additional interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.1
Appears in 1 contract
Sources: Indenture (Actuant Corp)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, Casella and the Issuers Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% 7¾% Senior Subordinated Note due 2015 2019 of the Issuers Casella which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.(a)
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a an 8 7/81⁄4% Senior Note due 2015 2020 of the Issuers Issuer, which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event that such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a Agreement.1 1 This Section not to appear on in Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights AgreementNotes.
Appears in 1 contract
Sources: Indenture (Trestle Transport, Inc.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Company and the Guarantors, if any, will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Initial Note for a 8 7/89.50% Senior Secured Note due 2015 2016 of the Issuers Company which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Initial Note (except that such Note note shall not be entitled to Additional Special Interest). The Holders shall be entitled to receive certain Additional Special Interest in the event the Notes are not Freely Tradable or such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Sources: Indenture (Warner Music Group Corp.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers will Company and the Guarantors shall be obligated to use their commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/89 1/2% Senior Note due 2015 2014 of the Issuers Company which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Co-Issuers will and the Guarantors shall be obligated to use their commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/89 1/4% Senior Note due 2015 2019 of the Co-Issuers which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.2
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, Casella and the Issuers Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/811% Senior Second Lien Note due 2015 2014 of the Issuers Casella which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event the Notes are not Freely Tradable, such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Subsidiary Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/85.250% Senior Note due 2015 2026 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.b
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8an 11% Senior Secured Note due 2015 2013 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.
Appears in 1 contract
Sources: Indenture (Mammoth-Webco, Inc.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors, if any, will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Initial Note for a 8 7/89% Senior Subordinated Note due 2015 2014 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Initial Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.2
Appears in 1 contract
Sources: Indenture (LCE AcquisitionSub, Inc.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Company and the Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/811 1/2% Senior Subordinated Note due 2015 2011 of the Issuers Company which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement./a/
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers and the Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/89% Senior Subordinated Note due 2015 2011 of the Issuers which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.1
Appears in 1 contract
Sources: Indenture (Norcraft Companies Lp)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Co-Issuers will and the Guarantors shall be obligated to use their commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/891/4% Senior Note due 2015 2019 of the Co-Issuers which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.2
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Company and the Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/810 1/2% Senior Secured Note due 2015 2013 of the Issuers Company which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Sources: Indenture (Exide Technologies)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Company and the Guarantors, if any, will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Fixed Rate Note for a 8 7/8% Senior an applicable Exchange Note due 2015 of the Issuers Company which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.3
Appears in 1 contract
Sources: Senior Unsecured Term Loan Agreement (Pilgrims Pride Corp)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers will Issuer and the Guarantors, if any, shall be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Initial Note for a 8 7/8% 8¾% Senior Subordinated Note due 2015 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Initial Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not include provisions with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.1
Appears in 1 contract
Sources: Indenture (Warner Chilcott CORP)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8an 8-1/2% Senior Subordinated Note due 2015 2014 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.
Appears in 1 contract
Sources: Indenture (Nortek Inc)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8an 10% Senior Secured Note due 2015 2013 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Sources: Indenture (Broan-NuTone LLC)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to use their commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% 11¾% Senior Note due 2015 2011 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Sources: Indenture (Seitel Inc)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers and the Guarantors, if any, will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% Floating Rate Senior PIK Note due 2015 2011 of the Issuers which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Special Interest). The Holders shall be entitled to receive certain Additional Special Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.b
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to consummate use their commercially reasonable efforts to consummate, an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% 9½% Senior Note due 2015 2019 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.1
Appears in 1 contract
Sources: Indenture (Seitel Inc)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/89 3/4% Senior Discount Note due 2015 2012 of the Issuers which shall have been registered under the Securities Act, in like principal amount at maturity and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Sources: Indenture (Norcraft Capital Corp.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers will Issuer and the Guarantors, if any, shall be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Initial Note for a 8 7/8% 7½% Senior Subordinated Note due 2015 2013 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Initial Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not include provisions with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.
Appears in 1 contract
Sources: Indenture (PQ Systems INC)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/87.00% Senior Subordinated Note due 2015 2018 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon under certain other conditionscircumstances, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.(a)
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% an Floating Rate Senior Note due 2015 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.a
Appears in 1 contract
Sources: Indenture (Cpi Holdco Inc)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Subsidiary Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% 7½% Senior Note due 2015 2020 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to use their commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% 10¾% Senior Note due 2015 2011 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.(a)
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers will Issuer shall be obligated to use its commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/811.00% Senior Discount Note due 2015 2013 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount at maturity and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestSpecial Interest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Special Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.*
Appears in 1 contract
Sources: Indenture (Horizon Lines, Inc.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers will Issuer shall be obligated to use its commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/811.25% Senior Discount Note due 2015 2012 of the Issuers Issuer which shall have been registered under the Securities Act, in like Accreted Value and principal amount at maturity and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestSpecial Interest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Special Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.
Appears in 1 contract
Sources: Indenture (MAAX Holdings, Inc.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Co-Issuers will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8an 83/8% Senior Note due 2015 2010 of the Co-Issuers which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.(a)
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Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights AgreementAgreement and the Company if any, the Issuers will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Initial Note for a 8 7/813.75% Senior Note due 2015 2019 of the Issuers Company which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Initial Note (except that such Note note shall not be entitled to Additional Special Interest). The Holders shall be entitled to receive certain Additional Special Interest in the event the Notes are not Freely Tradable or such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.a
Appears in 1 contract
Sources: Indenture (Warner Music Group Corp.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/810 3/4% Senior Discount Note due 2015 2014 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount at maturity and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.
Appears in 1 contract
Sources: Indenture (NTK Holdings, Inc.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Co-Issuers and the Guarantors, if any, will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Initial Note for a 8 7/8% Senior an applicable Exchange Note due 2015 of the Co-Issuers which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Initial Note (except that such Note note shall not be entitled to Additional Interest). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.1
Appears in 1 contract
Sources: Indenture (Dollarama CORP)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to use their commercially reasonable efforts to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/88.25% Senior Secured Note due 2015 2018 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.2
Appears in 1 contract
Sources: Indenture (Ply Gem Holdings Inc)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8an 8.00% Senior Note due 2015 2018 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.(2)
Appears in 1 contract
Sources: Indenture (CPI International, Inc.)
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Issuer and the Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8an 8% Senior Subordinated Note due 2015 2012 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.
Appears in 1 contract
Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes. Pursuant to, but subject to the exceptions in, the Registration Rights Agreement, the Issuers Company and the Guarantors will be obligated to consummate an exchange offer pursuant to which the Holder of this Note shall have the right to exchange this Note for a 8 7/8% 8⅝% Senior Secured Note due 2015 2018 of the Issuers Company which shall have been registered under the Securities Act, in like principal amount and having terms identical in all material respects to this Note (except that such Note shall not be entitled to Additional InterestInterest and shall not contain terms with respect to transfer restrictions). The Holders shall be entitled to receive certain Additional Interest in the event such exchange offer is not consummated or the Notes are not offered for resale and upon the occurrence of certain other conditions, all pursuant to and in accordance with the terms of the Registration Rights Agreement. a a This Section not to appear on Exchange Notes or on Notes the Holder of which is not a party to the Registration Rights Agreement.Agreement.]a
Appears in 1 contract
Sources: Indenture (Exide Technologies)