Common use of Retirement of Notes Clause in Contracts

Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraphs 4A or 4B, upon exercise of the put option pursuant to paragraph 5E, or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Term Notes held by any holder unless the Company or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Term Notes held by each other holder of Term Notes at the time outstanding upon the same terms and conditions. Any Term Notes prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D.

Appears in 1 contract

Sources: Note Purchase and Revolving Credit Agreement (Corinthian Colleges Inc)

Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraphs 4A 4A, 4B or 4B4C, prepayment upon the exercise of the a put option pursuant to paragraph 5E, 5G or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Term Notes of any Series held by any holder unless the Company or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Term Notes of such Series held by each other holder of Term Notes of such Series at the time outstanding upon the same terms and conditions. Any Term Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, except EXCEPT as provided in paragraph 4D.4E.

Appears in 1 contract

Sources: Senior Promissory Note Agreement (Consolidated Products Inc /In/)

Retirement of Notes. The Company Co-Issuers shall not, and shall not permit any of its their Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraphs 4A 4A(2) or 4B, upon exercise of the put option pursuant to paragraph 5E, or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Term Notes of any Series held by any holder unless the Company Co-Issuers or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Term Notes of such Series held by each other holder of Term Notes of such Series at the time outstanding upon the same terms and conditions. Any Term Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company Co-Issuers or any of its their Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Alexander & Baldwin, Inc.)

Retirement of Notes. The Company shall not, and shall not permit any of its the Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraphs paragraph 4A or 4B, upon exercise of the put option pursuant to paragraph 5E, 4B hereof or upon acceleration of such final maturity pursuant to paragraph 7A7A hereof), or purchase or otherwise acquire, directly or indirectlyindirectly (other than pursuant to paragraph 4E, Term paragraph 4G or paragraph 5I hereof), Notes held by any holder unless the Company or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Term Notes held by each other holder of Term Notes (without distinguishing among the different Series) at the time outstanding upon the same terms and conditions. Any Term Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its the Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D..

Appears in 1 contract

Sources: Note Agreement (Rohr Inc)

Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates to, prepay or otherwise retire retire, in whole or in part part, prior to their stated final maturity (other than by prepayment pursuant to paragraphs 4A 5A(2), 5B, 5F, 5G or 4B, upon exercise of the put option pursuant to paragraph 5E, 7B(7) or upon acceleration of such final maturity pursuant to paragraph 7A8A), or purchase or otherwise acquire, directly or indirectly, Term Notes held by any holder (other than pursuant to paragraph 5A(2)) unless the Company or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Term Notes held by each other holder of Term Notes at the time outstanding upon the same terms and conditions. Any Term Notes prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D..

Appears in 1 contract

Sources: Securities Purchase Agreement (ZaZa Energy Corp)

Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraphs 4A 4A, 4B or 4B, 4C or upon exercise of the put option pursuant to paragraph 5E, 5G or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Term Notes of any Series held by any holder unless the Company or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Term Notes of such Series held by each other holder of Term Notes of such Series at the time outstanding upon the same terms and conditions. Any Term Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D.4E.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Steak & Shake Co)

Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraphs 4A 4A, 4B or 4B, upon exercise of the put option pursuant to paragraph 5E, 4C or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Term Notes of any Series held by any holder unless the Company or such Subsidiary or Affiliate shall have offered to prepay . 10 - or otherwise retire or purchase or otherwise other-wise acquire, as the case may be, the same proportion of the aggregate principal amount of Term Notes of such Series held by each other holder of Term Notes of such Series at the time outstanding upon the same terms and conditions. Any Term Notes so prepaid or otherwise other-wise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D.4E.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Ace Hardware Corp)