Form of Senior Note Clause Samples

Form of Senior Note. Any Senior Note issued hereunder shall be in substantially the following form: ANTHRACITE CAPITAL, INC., a corporation organized and existing under the laws of Maryland (hereinafter called the “Company,” which term includes any successor Person under the Indenture hereinafter referred to), for value received, hereby promises to pay to [ ], or registered assigns, the principal sum of [PRINCIPAL AMOUNT] ($[ ]) [IF THE SENIOR NOTE IS A GLOBAL SENIOR NOTE, THEN INSERT: or such other principal amount represented hereby as may be set forth in the records of the Securities Registrar hereinafter referred to in accordance with the Indenture] on December 30, 2016. The Company further promises to pay interest on said principal sum from and including June 30, 2009 (the “Initial Payment Date”) to but excluding September 30, 2009, on the date hereof, and from and including September 30, 2009 or the most recent Interest Payment Date to which interest has been paid or duly provided for, quarterly in arrears to but excluding and on March 30, June 30, September 30 and December 30 of each year, commencing December 30, 2009, or if any such day is not a Business Day, on the next succeeding Business Day (and no interest shall accrue in respect of the amounts whose payment is so delayed for the period from and after such Interest Payment Date until such next succeeding Business Day), except that, if such Business Day falls in the next succeeding calendar year, such payment shall be made on the immediately preceding Business Day, in each case, with the same force and effect as if made on the Interest Payment Date, (i) at the initial rate of 1.25% per annum (the “Initial Rate”) from and including the Initial Payment Date until but excluding the earlier of (A) October 30, 2013 and (B) the first date on which the aggregate outstanding principal amount of the Senior Secured Debt is less than or equal to $4,000,000 (such earlier date, the “Final Modification Date”; the period commencing on the date of the Indenture and ending on the Final Modification Date, the “Modification Period”) and (ii) at the rate of 7.20% per annum (the “Final Rate”) from and including the Final Modification Date until the principal amount hereof is paid or duly provided for or made available for payment; provided that any overdue principal, premium, if any, and any overdue installment of interest shall bear Additional Interest at the same rate per annum as in effect from time to time per the terms of the Inde...

Form of Senior Note. The Senior Notes and the Trustee’s Certificate of Authentication to be endorsed thereon are to be substantially in the following forms, with such changes therein as the officers of the Company executing the Senior Notes (by manual or facsimile signature) may approve, such approval to be conclusively evidenced by their execution thereof: IF THE NOTE IS TO BE A GLOBAL NOTE, INSERT - THIS SENIOR NOTE IS A GLOBAL NOTE WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF THE DEPOSITORY TRUST COMPANY OR A NOMINEE OF THE DEPOSITORY TRUST COMPANY. THIS NOTE IS EXCHANGEABLE FOR NOTES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITORY TRUST COMPANY OR ITS NOMINEE ONLY IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, AND NO TRANSFER OF THIS NOTE (OTHER THAN A TRANSFER OF THIS NOTE AS A WHOLE BY THE DEPOSITORY TRUST COMPANY TO A NOMINEE OF THE DEPOSITORY TRUST COMPANY OR BY A NOMINEE OF THE DEPOSITORY TRUST COMPANY TO THE DEPOSITORY TRUST COMPANY OR ANOTHER NOMINEE OF THE DEPOSITORY TRUST COMPANY OR TO A SUCCESSOR CLEARING AGENCY OR TO A NOMINEE OF SUCH SUCCESSOR) MAY BE REGISTERED EXCEPT IN LIMITED CIRCUMSTANCES. UNLESS THIS NOTE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇) TO THE ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT AND ANY NOTE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY AND ANY PAYMENT HEREON IS MADE TO CEDE & CO., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY A PERSON IS WRONGFUL SINCE THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. THIS NOTE WAS ISSUED WITH ORIGINAL ISSUE DISCOUNT AND CONSTITUTES A CONTINGENT PAYMENT DEBT INSTRUMENT FOR U.S. FEDERAL INCOME TAX PURPOSES. FOR PURPOSES OF SECTIONS 1273 AND 1275 OF THE INTERNAL REVENUE CODE, THE ISSUE PRICE OF EACH NOTE IS $1,000 PER $1,000 OF PRINCIPAL AMOUNT, THE ISSUE DATE IS FEBRUARY 12, 2004 AND THE COMPARABLE YIELD IS 5.350% PER ANNUM, COMPOUNDED QUARTERLY. THE PROJECTED PAYMENTS FOR THE NOTES PER $1,000 OF PRINCIPAL AMOUNT ARE $10.89 ON MAY 17, 2004, $10.31 FOR EACH SUBSEQUENT QUARTER ENDING ON OR PRIOR TO AUGUST 17, 2007 AND $18.43 FOR EACH QUARTER ENDING AFTER AUGUST 17, 2007. THE PROJECTED PAYMENT FOR THE NOTES, PER $1,000 OF PRINCIPAL AMOUNT, AT THE FEBRUARY 17, 2010 MATURITY DATE OF THE NOTES IS $1,018.43 (WHICH...

Form of Senior Note. The Senior Notes and the Trustee's certificate of authentication shall be substantially in the form of Exhibit A-1. Following the Remarketing, the Replacement Notes shall be substantially in the form of Exhibit A-2. Each of Exhibit A-1 and Exhibit A-2 is hereby incorporated in and expressly made a part of this Second Supplemental Indenture.

Form of Senior Note. Any Senior Note issued hereunder shall be in substantially the following form: C▇▇▇▇▇▇▇ HOMEBUILDING COMPANIES, INC. Senior Note due 2017 [FORM OF REVERSE OF SECURITY]

Form of Senior Note. 16 SECTION 2.2.

Form of Senior Note. The Senior Notes and the Trustee's Certificate of Authentication to be endorsed thereon are to be substantially in the following forms: If the Senior Note is to be a Global Note, Insert _ This Senior Note is a Global Note within the meaning of the Indenture hereinafter referred to and is registered in the name of the Depository Trust Company or a nominee of the Depository Trust Company. This Senior Note is exchangeable for Senior Notes registered in the name of a person other than the Depository Trust Company or its nominee only in the limited circumstances described in the Indenture, and no transfer of this Senior Note (other than a transfer of this Senior Note as a whole by the Depository Trust Company to a nominee of the Depository Trust Company or by a nominee of the Depository Trust Company to the Depository Trust Company or another nominee of the Depository Trust Company) may be registered except in limited circumstances. Unless this Senior Note is presented by an authorized representative of The Depository Trust Company (55 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇) to the issuer or its agent for registration of transfer, exchange or payment, and any Senior Note issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment hereon is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY A PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. No. ___________________ $____________ CUSIP No. ▇▇▇▇▇▇▇▇▇ CENDANT CORPORATION 6.75% SENIOR NOTE DUE AUGUST 17, 2006 CENDANT CORPORATION, a Delaware corporation (the "Company", which term includes any successor corporation under the Indenture hereinafter referred to), for value received, hereby promises to pay to , or registered assigns, the principal sum of ($______________) on August 17, 2006 (such date is hereinafter referred to as the "Maturity Date"), and to pay interest on said principal sum from July 27, 2001, or from the next recent interest payment date (each such date, an "Interest Payment Date") to which interest has been paid or duly provided for, quarterly in arrears on February 17, May 17, August 17 and November 17 of each year, commencing on November 17, 2001, initially at the rate of 6.75% per annum through and including the day immediately preceding the Reset Effective Date, and at the Reset Rate thereafter until the principal hereof shall hav...

Form of Senior Note. (a) The Senior Notes and the Trustee's certificate of authentication, as amended by this Fifth Supplemental Indenture, shall be substantially in the form of Exhibit A-1 hereto and hereby replaces in its entirety Exhibit A-1 to the Second Supplemental Indenture. The Trustee shall authenticate and make such new Senior Notes available for delivery to the Holders of the Senior Notes upon surrender of the prior certificates therefor or delivery by the Property Trustee to the Company of an affidavit, in a form satisfactory to the Company and the Trustee, attesting that the prior certificates have been lost or destroyed. Upon receipt by the Company of the prior certificates or the aforementioned affidavit, the prior certificates representing the Senior Notes shall be canceled by the Trustee and shall no longer be outstanding. (b) The Replacement Notes shall be substantially in the form of Exhibit A-2 hereto and hereby replaces in its entirety Exhibit A-2 to the Second Supplemental Indenture.

Form of Senior Note. Each Senior Note initially delivered under this Agreement will be a fully registered note on the books of the Company. Each Senior Note is issuable only in fully registered form in denominations of at least $100,000 (or the then-remaining outstanding balance thereof, if less than $100,000).

Form of Senior Note. The Form of Senior Note shall be substantially in the Form of Exhibit B attached hereto. The terms of such Senior Note are herein incorporated by reference and are part of this Twelfth Supplemental Indenture.