Series C Notes Clause Samples
The 'Series C Notes' clause defines the terms and conditions specific to a particular class of debt instruments issued during a Series C financing round. This clause typically outlines the rights, interest rates, maturity dates, and conversion features applicable to Series C Notes, distinguishing them from other series or classes of notes. For example, it may specify that Series C Notes convert into equity at a certain valuation or carry particular covenants. The core function of this clause is to clearly delineate the obligations and privileges associated with Series C Notes, ensuring all parties understand the unique terms governing this tranche of financing.
Series C Notes. The Existing Series C Notes are hereby and shall be deemed to be, automatically and without any further action, amended and restated in their entirety as set forth on Exhibit C; except that the date, registration number and principal amount set forth in each Existing Series C Note shall remain the same; provided, however, that, at the request of any Current Noteholder, the Company shall execute and deliver a new Series C Note or Series C Notes in the form of such Exhibit C in exchange for its Existing Series C Note, registered in the name of such Current Noteholder, in the aggregate principal amount of the Series C Notes owing to such Current Noteholder on the date hereof and dated the date of the last interest payment made to such Current Noteholder in respect of its Existing Series C Notes. Each reference to the “7.55% Senior Notes, Series C, due June 30, 2012” in any of the Financing Documents is hereby deleted and replaced with a reference to the “10.30% Senior Notes, Series C, due January 15, 2010”. Each other reference to “7.55%” in any of such agreements as the interest rate applicable to the Series C Notes is hereby deleted and replaced with “10.30%.”
Series C Notes. Until the Series C-1 Notes shall be paid in full, the Company shall apply to the prepayment thereof, without premium, the sum of $4,558,823.53 on each June 29 and December 29, beginning on June 29, 2015 through and including December 29, 2022, and such principal amounts of the Series C-1 Notes, together with interest thereon to the prepayment dates, shall become due on such prepayment dates. The remaining outstanding principal amount of the Series C-1 Notes, together with any accrued and unpaid interest thereon, shall become due on June 29, 2023, the maturity date of the Series C-1 Notes.
Series C Notes. As provided therein, the entire unpaid principal balance of the Series C Notes shall be due and payable on the stated maturity date thereof.
Series C Notes. Each of the Company and, subject to the satisfaction of the conditions set forth in paragraph 3 hereof, the Purchasers, hereby consents and agrees to the amendment and restatement, in accordance with the provisions of this Agreement, of the Existing 9.33% Notes with registration numbers ▇-▇, ▇-▇, ▇-▇ and R-4, which Existing 9.33% Notes have an aggregate principal amount outstanding as of the date hereof of Fifty-One Million Three Hundred Forty-Two Thousand Nine Hundred Seventy-Two Dollars ($51,342,972) (such Existing 9.33% Notes, as amended and restated as herein provided, shall be referred to collectively as the "Series C Notes," such term to include each Series C Note delivered from time to time in accordance with this Agreement). Each Series C Note delivered pursuant to this Agreement will:
(i) bear interest (computed on the basis of a 360-day year of twelve 30- day months) on the unpaid principal balance thereof from the date of such Series C Note at the rate of nine and thirty-three one-hundredths percent (9.33%) per annum, payable monthly on the first (1st) day of each month of each year commencing on the interest payment date next succeeding the date of such Series C Note;
(ii) bear interest, payable monthly as aforesaid (or, at the option of the registered holder thereof, on demand), on any overdue payment (including any overdue prepayment) of principal, any overdue payment of Yield-Maintenance Amount, and, to the extent permitted by applicable law, any overdue payment of interest, at a rate equal to the lesser of
(a) the highest rate allowed by applicable law, or
(b) the greater of (I) eleven and thirty-three one-hundredths percent (11.33%) per annum and (II) one percent (1%) plus the rate of interest publicly announced by ▇▇▇▇▇▇ Guaranty Trust Company of New York from time to time in New York City as its prime rate;
(iii) mature on December 15, 2001; and
(iv) be in the form of the Series C Note set out in Exhibit A3 hereto.
Series C Notes. On December 1, 1993 and on each December 1 thereafter to and including December 1, 1996 (so long as any of the Series C Notes shall be outstanding), the Company will prepay $5,000,000 in aggregate principal amount of the Series C Notes (or, if less, the unpaid balance thereof). On December 1, 1997, the Company will in any event pay the entire remaining unpaid principal amount of the Series C Notes together with all interest accrued thereon.
Series C Notes. On June 1, 2006 and on June 1, 2007, the Company will prepay $6,666,666.67 principal amount (or such lesser principal amount as shall then be outstanding) of the Series C Notes at par and without payment of the Make-Whole Amount or any premium, provided that upon any partial prepayment of the Series C Notes pursuant to Section 8.2 the principal amount of each required prepayment of the Series C Notes becoming due under this Section 8.1 on and after the date of such prepayment or purchase shall be reduced in the same proportion as the aggregate unpaid principal amount of the Series C Notes is reduced as a result of such prepayment or purchase.
Series C Notes. The Company agrees that on each May 15, beginning May 15, 2005, it will prepay and apply and there shall become due and payable on the principal Debt evidenced by the Series C Notes an amount equal to the lesser of (a) $4,290,000 or (b) the principal amount of the Series C Notes then outstanding. On May 15, 2011, the entire principal amount of the Series C Notes, together with accrued and unpaid interest thereon, shall become due and payable. In the event that the Company shall prepay less than all of the Notes pursuant to Section 8.2 or Section 8.3, or shall purchase less than all of the Series C Notes pursuant to Section 8.6, the amounts of the prepayments in respect of the Series C Notes required by this
Section 8.1 (c) shall be reduced by an amount which is the same percentage of such required prepayment as the percentage that the principal amount of Series C Notes prepaid pursuant to Section 8.2 or Section 8.3, or purchased pursuant to Section 8.6, is of the aggregate principal amount of outstanding Series C Notes immediately prior to such prepayment or purchase.
Series C Notes. The Existing Series C Notes are hereby and shall be deemed to be, automatically and without any further action, amended and restated in their entirety as set forth in Exhibit A-2; except that the name of the holder of the Note, date, registration number and principal amount set forth in each Existing Series C Note shall remain the same; provided, however, that, at the request of any Noteholder, the Issuers shall execute and deliver a new Series C Note or Series C Notes in the form of such Exhibit A-2 in exchange for its Existing Series C Note, registered in the name of such Noteholder, in the aggregate principal amount of the Series C Notes owing to such Noteholder on the date hereof and dated the date of the last interest payment made to such Noteholder in respect of its Existing Series C Notes.
Series C Notes. (a) KPOP has duly authorized the issuance and sale to the institutional purchasers named on Schedule 1 hereto of KPOP's 7.08% First Mortgage Notes due June 27, 2001 (the "Series C Final Maturity Date") in the aggregate principal amount of $35,000,000 to be dated the date of issuance, to mature on the Series C Final Maturity Date and to be substantially in the form set forth in Exhibit A hereto, with only such revisions, deletions and amendments as shall be acceptable to you and the other purchasers of Series C Notes under the Note Agreements. The term "Note Agreements" as used herein refers collectively to this Note Purchase Agreement (this "Agreement") and to the other Note Purchase Agreements of even date herewith with the various institutional purchasers named on Schedules 1, 2, 3 and 4. The term "Series C Notes" as used herein refers collectively to the Series C Notes delivered pursuant to the provisions of this Agreement and the other Note Agreements, and also to each Series C Note delivered in substitution or exchange for or in lieu of any such Series C Note.
Series C Notes. Interest shall accrue on the unpaid principal balance of the Series C Notes on the basis of a 360-day year of twelve 30-day months at the rate of 5.05% per annum and shall be payable, in arrears, semiannually on April 1 and October 1 in each year, commencing on April 1, 2004, until the principal amount of the Series C Notes in respect of which such interest shall have accrued shall become due and payable, and interest shall accrue on any overdue principal (including any overdue prepayment of principal), Make-Whole Amount, if any, and (to the extent permitted by applicable law) on any overdue installment of interest on the Series C Notes at a rate equal to the Series C Default Rate.