Authorized Amount; Stated Maturity; Denominations. The aggregate principal amount of Secured Notes and Subordinated Notes that may be authenticated and delivered under this Indenture is limited to U.S.$401,750,000 (except for (i) Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.5, Section 2.6 or Section 8.5 of this Indenture or (ii) Additional Notes issued in accordance with Sections 2.13 and 3.2). Such Notes shall be divided into the Classes, having the designations, original principal amounts and other characteristics as follows: Original Principal Amount U.S. $252,000,000 U.S. $149,750,000 Stated Maturity January 18, 2030 January 25, 2122 Fixed Rate Note No N/A Interest Rate Benchmark + 2.00% N/A Floating Rate Note Yes N/A KBRA “A(sf)” N/A Pari Passu Classes None None Junior Classes Subordinated None Interest Deferrable No N/A The Secured Notes shall be issued in minimum denominations of U.S. $100,000 and integral multiples of U.S. $1,000 in excess thereof. The Subordinated Notes shall be issued in minimum denominations of U.S. $1,700,000 and integral multiples of U.S. $1,000 in excess thereof; provided, that the Subordinated Notes issued to the initial Holders of the Subordinated Notes on the Closing Date will not be subject to such minimum denomination threshold amounts and the initial Holders of the Subordinated Notes may sell and/or transfer such Subordinated Notes to any Affiliate thereof in amounts that do not meet the minimum denomination threshold. Notes shall only be transferred or resold in compliance with the terms of this Indenture.
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Authorized Amount; Stated Maturity; Denominations. (a) The aggregate principal amount of Secured Notes and Subordinated Notes that may be authenticated and delivered under this Indenture is limited to, with respect to U.S.$401,750,000 (except for the Class A-1 Notes, U.S.$136,000,000, with respect to the Class A-2 Notes, U.S.$97,333,334, and with respect to the Class A-R Notes, the Maximum RCN Facility Funding Commitment, excluding (i) Notes authenticated and delivered issued upon registration of of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section Sections 2.5, Section 2.6 or Section 8.5 of this Indenture or (ii) Additional Notes additional notes issued in accordance with Sections Section 2.13 and 3.2). Such other applicable provisions of Article 8.
(b) The Notes shall be divided into the Classes, having have the designations, original aggregate principal amounts and other characteristics as follows: Class Designation Class A-1 Note Class A-2 Note Class A-R Note Original Aggregate Principal Amount U.S. $252,000,000 U.S. $149,750,000 U.S.$136,000,000 U.S$97,333,334 U.S.$40,000,000 Stated Maturity January 18December 5, 2030 January 252029 December 5, 2122 Fixed Rate Note No N/A Interest Rate Benchmark + 2.00% N/A Floating Rate Note Yes N/A KBRA “A(sf)” N/A Pari Passu Classes None None Junior Classes Subordinated None Interest Deferrable No N/A 2029 December 5, 2029 The Secured Class A-1 Notes shall be issued in minimum denominations of U.S. $100,000 U.S.$500,000 and integral multiples of U.S. $1,000 U.S.$1,000 in excess thereof. The Subordinated Notes shall be issued in minimum denominations of U.S. $1,700,000 thereof and integral multiples of U.S. $1,000 in excess thereof; provided, that the Subordinated Notes issued to the initial Holders of the Subordinated Notes on the Closing Date will not be subject to such minimum denomination threshold amounts and the initial Holders of the Subordinated Notes may sell and/or transfer such Subordinated Notes to any Affiliate thereof in amounts that do not meet the minimum denomination threshold. Notes shall only be transferred or resold in compliance with the terms of this Indenture. The Class A-2 Notes shall be issued in minimum denominations of U.S.$500,000 and integral multiples of U.S.$1,000 in excess thereof and shall only be transferred or resold in compliance with the terms of this Indenture. The Class A-R Notes shall be issued in minimum denominations of U.S.$500,000 (which may represent a combination of the Outstanding Class A-R Funded Amount, if any, and the Remaining Unfunded Facility Commitment attributable to such Class A-R Notes) and integral multiples of U.S.$1,000 in excess thereof and shall only be transferred or resold in compliance with the terms of this Indenture and the Revolving Credit Note Agreement. All of the Class A Notes and Class A-R Notes are entitled to receive payments of Interest Proceeds and Principal Proceeds on each Payment Date and on the date of Maturity, in each case, pro rata and pari passu among themselves in accordance with the Priority of Payments, except in the case of the Class A-2 Purchase Option Non-Exercise Redemption pursuant to which a Holder of a Class A-2 Note shall be entitled to receive the applicable Redemption Price of such Holder’s Class A-2 Notes in connection with the Class A-2 Purchase Option Non-Exercise Redemption without regard to the fact that none of the Class A-1 Notes or Class A-R Notes will be redeemed in connection with the Class A-2 Purchase Option Non-Exercise Redemption. All of the Class A-2 Notes having the same CUSIP number are entitled to receive payments of Interest Proceeds and Principal Proceeds on each Payment Date and on the date of Maturity, pari passu among themselves, in accordance with the Priority of Payments.
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Authorized Amount; Stated Maturity; Denominations. The aggregate principal amount of Secured Notes and Subordinated Notes that may be authenticated and delivered under this Indenture is limited to U.S.$401,750,000 U.S.$425,000,000 (except for (i) Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.5, Section 2.6 or Section 8.5 of this Indenture or (ii) Additional Notes issued in accordance with Sections 2.13 and 3.2). Such Notes shall be divided into the Classes, having the designations, original principal amounts and other characteristics as follows: Class Designation A B C Subordinated Original Principal Amount U.S.$261,375,000 U.S.$44,625,000 U.S.$36,125,000 U.S. $252,000,000 U.S. $149,750,000 82,875,000 Stated Maturity January 18April 30, 2030 January 252032 April 30, 2122 2032 April 30, 2032 April 30, 2032 Fixed Rate Note No Yes Yes Yes N/A Interest Rate Benchmark + 2.004.05 % 5.15 % 7.75 % N/A Floating Rate Note Yes No No No N/A Initial Rating(s): KBRA “A(sf)” “BBB(sf)” “BB(sf)” N/A Priority Classes None A A, B A, B, C Pari Passu Classes None None None None Junior Classes B, C, Subordinated C, Subordinated Subordinated None Interest Deferrable No No Yes N/A The Secured Notes (other than the Class C Notes) shall be issued in minimum denominations of U.S. $100,000 U.S.$100,000 and integral multiples of U.S. $1,000 in excess thereof. The Class C Notes will be issued in minimum denominations of $500,000 and integral multiples of $1,000 in excess thereof. The Subordinated Notes shall will be issued in minimum denominations of U.S. $1,700,000 4,700,000 and integral multiples of U.S. $1,000 in excess thereof; provided, that the Subordinated Notes issued to the initial Holders of the Subordinated Notes on the Closing Date will not be subject to such minimum denomination threshold amounts and the initial Holders of the Subordinated Notes may sell and/or transfer such Subordinated Notes to any Affiliate thereof in amounts that do not meet the minimum denomination threshold. Notes shall only be transferred or resold in compliance with the terms of this Indenture.
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Authorized Amount; Stated Maturity; Denominations. The aggregate principal amount of Secured Notes and Subordinated Notes that may be authenticated and delivered under this Indenture is limited to U.S.$401,750,000 U.S.$140,000,000 aggregate principal amount of Notes (except for (i) Deferred Interest with respect to the Class C-1 Notes and the Class D-1 Notes, (ii) Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.5, Section 2.6 or Section 8.5 of this Indenture or (iiiii) Additional Notes additional notes issued in accordance with Sections 2.13 and 3.2). Such Notes shall be divided into the Classes, having the designations, original principal amounts and other characteristics as follows: Original Principal Amount U.S. $252,000,000 U.S. $149,750,000 Stated Maturity January 18, 2030 January 25, 2122 Fixed Rate Note No N/A Interest Rate Benchmark + 2.00% N/A Floating Rate Note Yes N/A KBRA S&P “A(sfAAA (sf)” N/“AA (sf)” “A Pari Passu Classes (sf)” “BBB (sf)” None Moody’s “Aaa (sf)” “Aa2 (sf)” “A2 (sf)” “Baa2 (sf)” None Junior Classes Subordinated None 1 As of the Closing Date. 2 LIBOR for each floating rate note shall be calculated by reference to three-month LIBOR, in accordance with the definition of LIBOR set forth in Exhibit C hereto; provided that LIBOR for the first Interest Deferrable No N/A Accrual Period shall equal 0.32298%. The Secured Notes shall be issued in minimum denominations of U.S. $100,000 U.S.$250,000 and integral multiples of U.S. $1,000 U.S.$1,000 in excess thereof. The Subordinated Notes shall be issued in minimum denominations of U.S. $1,700,000 U.S.$100,000 and integral multiples of U.S. $1,000 U.S.$1.00 in excess thereof; provided, that the Subordinated Notes issued to the initial Holders of the Subordinated Notes on the Closing Date will not be subject to such minimum denomination threshold amounts and the initial Holders of the Subordinated Notes may sell and/or transfer such Subordinated Notes to any Affiliate thereof in amounts that do not meet the minimum denomination threshold. Notes shall only be transferred or resold in compliance with the terms of this Indenture.
Appears in 1 contract
Sources: Indenture (KCAP Financial, Inc.)
Authorized Amount; Stated Maturity; Denominations. (a) The aggregate principal amount of Secured Notes and Subordinated Class A Notes that may be authenticated and delivered under this Indenture is limited to U.S.$401,750,000 (except for (i) U.S.$1,000,000,000, excluding Notes authenticated and delivered issued upon registration of of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section Sections 2.5, Section 2.6 or Section 8.5 8.6 of this Indenture or Indenture.
(iib) Additional Notes issued in accordance with Sections 2.13 and 3.2). Such The Notes shall be divided into the Classes, having have the designations, original aggregate stated and funded principal amounts and other characteristics as follows: As of the Closing Date: Class Designation Class A Note Original Aggregate Stated Face Amount U.S.$ 76,923,077 Initial Funded Aggregate Principal Amount U.S. $252,000,000 U.S. $149,750,000 U.S.$ 30,769,231 Stated Maturity January December 18, 2030 January 252029 As of the Second Amendment Effective Date: Class Designation Class A Note Total Authorized Principal Amount U.S.$ 1,000,000,000 Initial Aggregate Principal Amount U.S.$ 76,923,077 Stated Maturity December 18, 2122 Fixed Rate Note No N/2029 The Class A Interest Rate Benchmark + 2.00% N/A Floating Rate Note Yes N/A KBRA “A(sf)” N/A Pari Passu Classes None None Junior Classes Subordinated None Interest Deferrable No N/A The Secured Notes shall be issued in minimum denominations of U.S. $100,000 U.S.$500,000 and integral multiples of U.S. $1,000 U.S.$1 in excess thereof. The Subordinated Notes shall be issued , and in minimum denominations of U.S. $1,700,000 and integral multiples of U.S. $1,000 in excess thereof; providedeach case, that the Subordinated Notes issued to the initial Holders of the Subordinated Notes on the Closing Date will not be subject to such minimum denomination threshold amounts and the initial Holders of the Subordinated Notes may sell and/or transfer such Subordinated Notes to any Affiliate thereof in amounts that do not meet the minimum denomination threshold. Notes shall only be transferred or resold in compliance with the terms of this Indenture. The Class A Notes shall not bear interest. All of the Class A Notes are entitled to receive payments of Principal Collections and Interest Collections on a Redemption Date in the amount of the applicable Redemption Price, the relevant date following the occurrence of an Enforcement Event and the date of Maturity, in each case, pro rata and pari passu among themselves in accordance with the Priority of Payments. The Class A Notes shall be issued in exchange for, on the Closing Date, the consideration contemplated by Section 2(a) of the Issuer Sale and Contribution Agreement and, thereafter, for cash and for consideration otherwise contemplated in Section 2 of the Issuer Sale and Contribution Agreement.
Appears in 1 contract
Sources: Indenture (BC Partners Lending Corp)
Authorized Amount; Stated Maturity; Denominations. The aggregate principal amount of Secured Notes and Subordinated Notes that may be authenticated and delivered under this Indenture is limited to U.S.$401,750,000 U.S.$251,169,000 (except for (i) Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.5, Section 2.6 or Section 8.5 of this Indenture or (ii) Additional Notes issued in accordance with Sections 2.13 and 3.2). Such Notes shall be divided into the Classes, having the designations, original principal amounts and other characteristics as follows: Original Principal Amount U.S. $252,000,000 U.S. $149,750,000 U.S.$160,750,000 U.S.$25,100,000 U.S.$65,319,000 Anticipated Repayment Date January 22, 2027 January 22, 2027 N/A Stated Maturity January 18September 22, 2030 January 252033 September 22, 2122 2033 September 22, 2033 Fixed Rate Note No Yes N/A Interest Rate Benchmark + 2.003.50% 11.16% N/A Floating Rate Note Yes No N/A KBRA “A(sf)” “BBB(sf)” N/A Priority Classes None A A, B Pari Passu Classes None None None Junior Classes B, Subordinated Subordinated None Interest Deferrable No No N/A The Secured Notes shall be issued in minimum denominations of U.S. $100,000 U.S.$100,000 and integral multiples of U.S. $1,000 in excess thereof. The Subordinated Notes shall will be issued in minimum denominations of U.S. $1,700,000 730,000 and integral multiples of U.S. $1,000 in excess thereof; provided, that the Subordinated Notes issued to the initial Holders of the Subordinated Notes on the Closing Date will not be subject to such minimum denomination threshold amounts and the initial Holders of the Subordinated Notes may sell and/or transfer such Subordinated Notes to any Affiliate thereof in amounts that do not meet the minimum denomination threshold. Notes shall only be transferred or resold in compliance with the terms of this Indenture.
Appears in 1 contract
Authorized Amount; Stated Maturity; Denominations. The aggregate principal amount of Secured Notes and Subordinated Notes that may be authenticated and delivered under this Indenture is limited to U.S.$401,750,000 U.S.$693,620,250 aggregate principal amount of Notes (except for (i) Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.5, Section 2.6 or Section 8.5 of this Indenture or (ii) Additional Notes issued in accordance with Sections 2.13 and 3.2). Such Notes shall be divided into the Classes, having the designations, original principal amounts and other characteristics as follows: Original Principal Amount U.S. $252,000,000 395,500,000 U.S. $149,750,000 38,500,000 U.S. $259,620,250 Stated Maturity January 18Payment Date in October 2035 Payment Date in October 2035 September 21, 2030 January 25, 2122 2123 Fixed Rate Note No No N/A Interest Rate Rate1 Benchmark + 2.002.40% Benchmark + 2.30% N/A Floating Rate Note Yes Yes N/A KBRA “A(sfInitial Rating(s): S&P "AAA(sf)” " "AAA(sf)" N/A Fitch "AAAsf" N/A N/A Priority Classes None A-1 A-1, A-2 Pari Passu Classes None None None Junior Classes A-2, Subordinated Subordinated None Interest Deferrable No No N/A Re-Pricing Eligible Notes No Yes N/A 1 The spread over the Benchmark for each Class of Re-Pricing Eligible Notes is subject to reduction pursuant to Section 9.8. The Secured Notes shall be issued in minimum denominations of U.S. $100,000 U.S.$250,000 and integral multiples of U.S. $1,000 U.S.$1.00 in excess thereof. The Subordinated Notes shall be issued in minimum denominations of U.S. $1,700,000 U.S.$2,900,000 and integral multiples of U.S. $1,000 U.S.$1.00 in excess thereof; provided, that the Subordinated Notes issued to the initial Holders of the Subordinated Notes on the Closing Date will not be subject to such minimum denomination threshold amounts and the initial Holders of the Subordinated Notes may sell and/or transfer such Subordinated Notes to any Affiliate thereof in amounts that do not meet the minimum denomination threshold. Notes shall only be transferred or resold in compliance with the terms of this Indenture.
Appears in 1 contract
Authorized Amount; Stated Maturity; Denominations. The aggregate principal amount of Secured Notes and Subordinated Notes that may be authenticated and delivered under this Indenture is limited to U.S.$401,750,000 U.S.$219,500,000 aggregate principal amount of Secured Notes and U.S.$80,500,000 face amount of Subordinated Notes (except for (i) Deferred Interest with respect to the Class B Notes and/or the Class C Notes, (ii) Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.5, Section 2.6 or Section 8.5 of this Indenture or (iiiii) Additional additional Subordinated Notes issued in accordance with Sections 2.13 and 3.2). Such Notes shall be divided into the Classes, having the designations, original principal amounts or face amounts (in the case of the Subordinated Notes) and other characteristics as follows: Original Principal Amount U.S. $252,000,000 U.S. $149,750,000 Stated Maturity January 18, 2030 January 25, 2122 Fixed Rate Note No N/A Interest Rate Benchmark + 2.00% N/A Floating Rate Note Yes N/A KBRA “A(sf)” N/A Pari Passu Classes None None Junior Classes Subordinated None Interest Deferrable No N/A or Face Amount1 U.S.$164,500,000 U.S.$25,000,000 U.S.$12,000,000 U.S.$18,000,000 U.S.$80,500,000 The Secured Notes shall be issued in minimum denominations of U.S. $100,000 U.S.$250,000 and integral multiples of U.S. $1,000 U.S.$1,000 in excess thereof. The Subordinated Notes shall be issued in minimum denominations of U.S. $1,700,000 U.S.$100,000 and integral multiples of U.S. $1,000 U.S.$1,000 in excess thereof; provided, that the Subordinated Notes issued to the initial Holders of the Subordinated Notes on the Closing Date will not be subject to such minimum denomination threshold amounts and the initial Holders of the Subordinated Notes may sell and/or transfer such Subordinated Notes to any Affiliate thereof in amounts that do not meet the minimum denomination threshold. Notes shall only be transferred or resold in compliance with the terms of this Indenture.
1 As of the Closing Date.
2 LIBOR shall be calculated by reference to three-month LIBOR, in accordance with the definition of LIBOR set forth in Exhibit C hereto; provided that LIBOR for the first Interest Accrual Period shall equal 0.31155%.
Appears in 1 contract
Sources: Indenture (Garrison Capital LLC)
Authorized Amount; Stated Maturity; Denominations. (a) The aggregate principal amount of Secured Notes and Subordinated Notes that may be authenticated and delivered under this Indenture is limited to, with respect to U.S.$401,750,000 (except for the Class A-1 Notes, U.S.$136,000,000, and with respect to the Class A-R Notes, the Maximum RCN Facility Funding Commitment, excluding (i) Notes authenticated and delivered issued upon registration of of, transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section Sections 2.5, Section 2.6 or Section 8.5 of this Indenture or (ii) Additional Notes additional notes issued in accordance with Sections Section 2.13 and 3.2). Such other applicable provisions of Article 8.
(b) The Notes shall be divided into the Classes, having have the designations, original aggregate principal amounts and other characteristics as follows: Class Designation Class A-1 Note Class A-R Note Original Aggregate Principal Amount U.S. $252,000,000 U.S. $149,750,000 U.S.$136,000,000 U.S.$26,666,667 Stated Maturity January 18December 5, 2030 January 252029 December 5, 2122 Fixed Rate Note No N/A Interest Rate Benchmark + 2.00% N/A Floating Rate Note Yes N/A KBRA “A(sf)” N/A Pari Passu Classes None None Junior Classes Subordinated None Interest Deferrable No N/A 2029 The Secured Class A-1 Notes shall be issued in minimum denominations of U.S. $100,000 U.S.$500,000 and integral multiples of U.S. $1,000 U.S.$1,000 in excess thereof. The Subordinated Notes shall be issued in minimum denominations of U.S. $1,700,000 thereof and integral multiples of U.S. $1,000 in excess thereof; provided, that the Subordinated Notes issued to the initial Holders of the Subordinated Notes on the Closing Date will not be subject to such minimum denomination threshold amounts and the initial Holders of the Subordinated Notes may sell and/or transfer such Subordinated Notes to any Affiliate thereof in amounts that do not meet the minimum denomination threshold. Notes shall only be transferred or resold in compliance with the terms of this Indenture. No interest shall accrue in respect of the Class A-1 Notes. The Class A-R Notes shall be issued in minimum denominations of U.S.$500,000 (which may represent a combination of the Outstanding Class A-R Funded Amount, if any, and the Remaining Unfunded Facility Commitment attributable to such Class A-R Notes) and integral multiples of U.S.$1,000 in excess thereof and shall only be transferred or resold in compliance with the terms of this Indenture and the Revolving Credit Note Agreement. No interest shall accrue in respect of the Class A-R Notes. All of the Class A Notes and Class A-R Notes are entitled to receive payments of Interest Proceeds and Principal Proceeds on the relevant date following the occurrence of an Enforcement Event and the date of Maturity, in each case, pro rata and pari passu among themselves in accordance with the Priority of Payments. In the case of any Mandatory Repayment Date, the Holders of the Class A-R Notes shall be entitled to receive repayment of the Outstanding Class A-R Funded Amount (or the applicable portion thereof that is being repaid) pro rata and pari passu among themselves and no amount shall be payable in respect of the Class A Notes in connection with any Mandatory Repayment.
Appears in 1 contract
Sources: Eighth Supplemental Indenture (Investcorp Credit Management BDC, Inc.)