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 10 7/8% Senior Subordinated Note due 2016 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 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 10 7/887/8% Senior Subordinated First Priority Ship Mortgage Note due 2016 2017 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 will Company and the Subsidiary 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 10 7/8an 83/4% Senior Subordinated Note due 2016 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 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 Agreement.
(a) This Section not to appear on Exchange Securities or Additional Notes or on Notes unless required by the Holder terms of which is not a party to the Registration Rights Agreementsuch Additional Notes.
Appears in 1 contract
Sources: Indenture (Poindexter J B & Co 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 10 7/84.950% Senior Subordinated Note due 2016 2024 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 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 10 7/8% 8⅛% Senior Subordinated Note due 2016 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.4
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 10 7/86.50% Senior Subordinated Note due 2016 2022 of the Issuers Issuer which shall have been registered under the Securities Act, in like principal amount and having terms substantially 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 Private Exchange Notes or Additional Notes unless required by the Holder terms of which is not a party to the Registration Rights Agreementsuch Additional Notes.
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 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 10 7/84.50% Senior Subordinated Note due 2016 2025 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 Private Exchange Notes or Additional Notes unless required by the Holder terms of which is not a party to the Registration Rights Agreementsuch Additional Notes.
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 10 7/89% Senior Subordinated Note due 2016 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.Agreement.2
Appears in 1 contract
Sources: Indenture (Ply Gem Industries 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 10 7/8% 5⅞% Senior Subordinated Note due 2016 2024 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 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 10 7/887/8% Senior Subordinated First Priority Ship Mortgage Note due 2016 2017 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.7
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 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 10 7/89.75% Senior Subordinated Note due 2016 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 shall not be entitled to Additional InterestSpecial Interest and shall not contain terms with respect to transfer restrictions); provided that, an Exchange Security issued to a person resident in a province or territory of Canada shall be subject to the provisions of Exhibit B to the Indenture applicable to such person. 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 Holding Co.)
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 10 7/84.500% Senior Subordinated Note due 2016 2027 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 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 10 7/87% Senior Subordinated Note due 2016 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 Agreement.2 This Section not to appear on Exchange Notes or on Private Exchange Notes or Additional Notes unless required by the Holder terms of which is not a party to the Registration Rights Agreementsuch Additional Notes.
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 10 7/8an 87/8% Senior Subordinated First Priority Ship Mortgage Note due 2016 2017 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.5
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 10 7/87% Senior Subordinated Note due 2016 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 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 Agreement.(a)
(a) This Section not to appear on Exchange Notes or on Private Exchange Notes or Additional Notes unless required by the Holder terms of which is not a party to the Registration Rights Agreementsuch Additional Notes.
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 10 7/8131¤8% Senior Subordinated Note due 2016 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.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 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 10 7/8% 6¾% Senior Subordinated Note due 2016 2022 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 Private Exchange Notes or Additional Notes unless required by the Holder terms of which is not a party to the Registration Rights Agreementsuch Additional Notes.
Appears in 1 contract