Guarantee Legends and Guaranteed Note Certificates Clause Samples

Guarantee Legends and Guaranteed Note Certificates. (a) The Lender may submit a Request for Guarantee (in the form and accompanied by the documents specified in Section 5.03(b)) to Ex-Im Bank when the aggregate principal amount of the actual Disbursement or Disbursements evidenced by any other Note or Note Series is less than or equal to the principal amount of such Note or the aggregate principal amount of such Note Series, as the case may be. Each Request for Guarantee shall request that Ex-Im Bank either: (i) endorse a Guarantee Legend; or (ii) if the issuer of such Note or Note Series is located in a Restricted Legend Jurisdiction, unless otherwise agreed to by all parties, issue a Guaranteed Note Certificate; in each case, provided that any Request for Guarantee shall be submitted (x) at least ten (10) Business Days before the Legend Certification Date; and (y) subject to the delivery of the relevant Note at least two (2) Business Days before the Legend Certification Date. In the event that the Lender fails to submit the relevant Note to Ex-Im Bank by the date specified in clause (y) of the preceding sentence, unless otherwise agreed to in writing by Ex-Im Bank, the Request for Guarantee relating to such Note shall be considered to be withdrawn. Upon receipt of a Request for Guarantee, if the requirements set forth in this Agreement are satisfied, Ex-Im Bank will either endorse a Guarantee Legend or issue a Guaranteed Note Certificate for the relevant Credit in the manner described in and pursuant to the terms and conditions of this Agreement. (b) Subject to Section 5.03(c), in the case of a Disbursement or Disbursements pursuant to a Global Note, the Request for Guarantee shall only be submitted after all Disbursements have been previously evidenced by one or more Guarantee Certificates. Any such Request for Guarantee shall be in the form of Annex D, accompanied by all documents specified therein. (c) Except with respect to a Note (including any Serial Note of a Note Series) issued by a Borrower in a Restricted Legend Jurisdiction, on the front or back of the page on which the Borrower’s signature appears on any Note submitted to Ex-Im Bank in accordance with this Section 5.03, the Lender shall type or stamp in the text of Ex-Im Bank’s Guarantee Legend, completed as to the amount covered by the Guarantee, which amount of such Note the Lender has disbursed and with respect to which all requirements of this Agreement have been satisfied. (d) Except as permitted by Section 5.04, in each Transaction, Ex-I...
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Guarantee Legends and Guaranteed Note Certificates. (a) The Lender may submit a Request for Guarantee (in the form and accompanied by the documents specified in Section 5.03(b)) to Ex-Im Bank when the aggregate principal amount of the actual Disbursement or Disbursements evidenced by any other Note or Note Series is less than or equal to the principal amount of such Note or the aggregate principal amount of such Note Series, as the case may be. Each Request for Guarantee shall request that Ex-Im Bank either: (i) endorse a Guarantee Legend; or (ii) if the issuer of such Note or Note Series is located in a Restricted Legend Jurisdiction, unless otherwise agreed to by all parties, issue a Guaranteed Note Certificate; in each case, provided that any Request for Guarantee shall be submitted (x) at least ten (10) Business Days before the Legend Certification Date; and (y) subject to the delivery of the relevant Note at least two
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Related to Guarantee Legends and Guaranteed Note Certificates

  • Certificates Issuable in Classes; Distributions of Principal and Interest; Authorized Denominations The aggregate principal amount of the Certificates that may be authenticated and delivered under this Agreement is limited to the aggregate Principal Balance of the Mortgage Loans as of the Cut-Off Date, as specified in the Preliminary Statement to this Agreement, except for Certificates authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Certificates pursuant to Section 5.03. Such aggregate principal amount shall be allocated among one or more Classes having designations, types of interests, initial per annum Certificate Interest Rates, initial Class Principal Balances and Final Maturity Dates as specified in the Preliminary Statement to this Agreement. The aggregate Percentage Interest of each Class of Certificates of which the Class Principal Balance equals zero as of the Cut-Off Date that may be authenticated and delivered under this Agreement is limited to 100%. Certificates shall be issued in Authorized Denominations.

  • Additional Rights of Holders of Restricted Global Notes and Restricted Definitive Notes In addition to the rights provided to Holders of Notes under the Indenture, Holders of Restricted Global Notes and Restricted Definitive Notes will have all the rights set forth in the Registration Rights Agreement dated as of April 24, 2002, between the Company, the Guarantors and the other parties named on the signature pages thereof or, in the case of Additional Notes, Holders of Restricted Global Notes and Restricted Definitive Notes will have the rights set forth in one or more registration rights agreements, if any, among the Company, the Guarantors and the other parties thereto, relating to rights given by the Company and the Guarantors to the purchasers of any Additional Notes (collectively, the "Registration Rights Agreement").

  • Certificate Legends The shares of Litronic Common Stock to be issued pursuant to this Section 2 shall not have been registered and shall be characterized as "restricted securities" under the federal securities laws, and under such laws such shares may be resold without registration under the Securities Act of 1933, as amended (the "Securities Act"), only in certain limited circumstances. Each certificate evidencing shares of Litronic Common Stock to be issued pursuant to this Section 2 shall bear the following legend: "THE SHARES REPRESENTED BY THIS CERTIFICATE HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. SUCH SHARES MAY NOT BE SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION WITHOUT AN EXEMPTION UNDER THE SECURITIES ACT OR AN OPINION OF LEGAL COUNSEL REASONABLY ACCEPTABLE TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED."

  • Certificate Legend 18 Section 5.1 Legend...................................................19

  • Notation on Securities in Respect of Supplemental Indentures Securities of any series authenticated and delivered after the execution of any supplemental indenture pursuant to the provisions of this Article may bear a notation in form approved by the Trustee for such series as to any matter provided for by such supplemental indenture or as to any action taken by Securityholders. If the Issuer or the Trustee shall so determine, new Securities of any series so modified as to conform, in the opinion of the Trustee and the Board of Directors, to any modification of this Indenture contained in any such supplemental indenture may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for the Securities of such series then Outstanding.