Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6, 1998 THE MUSICLAND GROUP, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to ________________ or registered assigns, the principal sum of ___________ Dollars on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 (1) This paragraph should be included only if the Senior Subordinated Note is issued in global form. (2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 2 contracts
Sources: Indenture (Musicland Stores Corp), Indenture (Musicland Group Inc /De)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6December ___, 1998 THE MUSICLAND GROUP, INC. By: /s/ ▇▇▇▇ ▇. 1997 ▇▇▇▇▇▇▇ ------------------------------------ NameFAMILY RESTAURANTS, L.P BY: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇MANAGEMENT COMPANY, INC. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee ITS GENERAL PARTNER By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------ ------------------------------- Name: Title: By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------- Name: Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No▇▇▇▇▇▇▇ FINANCE CORP. $ CUSIP NOBy: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP------------------------------- Name: Title: Attest: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ --------------------------------- STATE STREET BANK AND TRUST COMPANY BY: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ------------------------------- Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: VICE PRSIDENT Attest: --------------------------------- EXHIBIT A-1 (Face of Note) 10 1/8% Series A Senior Notes due 2007 No._____ CUSIP NO._________ $_____________ ▇▇▇▇▇▇▇ FAMILY RESTAURANTS, INCL.P. and ▇▇▇▇▇▇▇ FINANCE CORP. promises promise to pay to to______________________________________________ or registered assigns, the principal sum of of___________________________________________ Dollars on March December 15, 2008. 2007 Interest Payment Dates: March June 15, and December 15 and September 15 of each year, commencing December 15, 1998 Record Dates: March June 1, and December 1 and September 1 THE MUSICLAND GROUPDated: December ___, 1997 ▇▇▇▇▇▇▇ FAMILY RESTAURANTS, L.P. BY: ▇▇▇▇▇▇▇ MANAGEMENT COMPANY, INC. ITS GENERAL PARTNER By: ------------------------------- ----------------------------- Name: Title: By: ----------------------------- Name: Title: ▇▇▇▇▇▇▇ FINANCE CORP. By: --------------------------------- Name: Title: By: --------------------------------- Name: Title: This is one of the Senior Subordinated Global Notes referred to in the within-mentioned Indenture: Dated: ------------------------ STATE STREET BANK ONE, NA, as Trustee AND TRUST COMPANY AS TRUSTEE By: ---------------------------------- -------------------------------- A1-1 (Back of Senior Subordinated Note) 9_% 10 1/8% Series A Senior Subordinated Notes due 2008
2007 UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST ISSUERS (155 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇) This paragraph should be included only if the Senior Subordinated Note is issued in global form("▇▇▇"), TO THE ISSUERS OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO.
, HAS AN INTEREST HEREIN. THE SECURITY (OR ITS PREDECESSOR) EVIDENCED HEREBY WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER ▇▇▇▇▇▇▇ ▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ SECURITIES ACT OF 1933 (THE "SECURITIES ACT"), AND THE SECURITY EVIDENCED HEREBY MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM. EACH PURCHASER OF THE SECURITY EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED IN RULE 144A THEREUNDER. THE HOLDER OF THE SECURITY EVIDENCED HEREBY AGREES FOR THE BENEFIT OF THE ISSUERS THAT (A) SUCH SECURITY MAY BE RESOLD, PLEDGED OR OTHERWISE ONLY (1)(a) TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A UNDER THE SECURITIES ACT, (b) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT, (c) OUTSIDE THE UNITED STATES TO A FOREIGN PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 UNDER THE SECURITIES ACT, OR (d) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED UPON AN OPINION OF COUNSEL IF THE ISSUERS SO REQUEST), (2) TO ONE OF THE ISSUERS OR (3) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT AND, IN EACH CASE, IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (B) THE HOLDER WILL, AND EACH SUBSEQUENT HOLDER IS REQUIRED TO, NOTIFY ANY PURCHASER FROM IT OF THE SECURITY EVIDENCED HEREBY OF THE RESALE RESTRICTIONS SET FORTH IN (A) ABOVE. Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 2 contracts
Sources: Indenture (Restaurant Co), Indenture (Perkins Finance Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6November 20, 1998 THE MUSICLAND GROUP2012 CYRUSONE LP By: CyrusOne GP, as the sole General Partner By: CyrusOne Inc., as the sole Trustee By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Financial Officer and Treasurer CYRUSONE FINANCE CORP By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Financial Officer and Treasurer CYRUSONE INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Financial Officer and Treasurer CYRUSONE FOREIGN HOLDINGS LLC By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Financial Officer and Treasurer CYRUSONE TRS By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Financial Officer and Treasurer CYRUSONE GP By: CyrusOne Inc., as the sole Trustee By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Financial Officer and Treasurer ▇▇▇▇▇ FARGO BANK, N.A. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to ___ $________________ * promises to pay to or registered assigns, the principal sum of __________________________________________________________ Dollars DOLLARS [(as such sum may be increased or decreased as set forth on March the Schedule of Exchanges of Interest on the Global Notes attached hereto)] Use this only if the Note is a Global Note. on November 15, 20082022. Interest Payment Dates: March May 15 and September November 15 Record Dates: March May 1 and September November 1 THE MUSICLAND GROUP, INC. Dated: _______________ CYRUSONE LP By: ------------------------------- CyrusOne GP, as the sole General Partner By: CyrusOne Inc., as the sole Trustee By: Name: Title: CYRUSONE FINANCE CORP By: Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ ▇▇▇▇▇ FARGO BANK ONE, NAN.A., as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) Authorized Signatory Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Cincinnati Bell Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6August 5, 1998 THE MUSICLAND GROUP, INC. 2021 By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION Treasurer By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee Treasurer By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 [Signature Page to Indenture] No. _____ $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to _________ promises to pay to ________ or registered assigns, the principal sum of ___________________________________________ Dollars DOLLARS on March August 15, 20082029. Interest Payment Dates: March February 15 and September 15 August 15, commencing February 15, 2022 Record Dates: March February 1 and September August 1 THE MUSICLAND GROUPDated: ____________, INC. 20 ____ VENTURE GLOBAL CALCASIEU PASS, LLC By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ THE BANK ONEOF NEW YORK MELLON TRUST COMPANY, NAN.A., as Trustee By: ---------------------------------- (Back Authorized Signatory Dated: ____________, 20 [Insert the Global Note Legend, if applicable pursuant to the provisions of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only the Indenture] [Insert the Private Placement Legend, if applicable pursuant to the Senior Subordinated Note is issued in global form.
(2) provisions of the Indenture] Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Venture Global, Inc.)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 97 SIGNATURES Dated as of April 6June 26, 1998 THE MUSICLAND GROUP2002 RIVIERA HOLDINGS CORPORATION By: ------------------------------------------ Name: Title: GUARANTORS: RIVIERA OPERATING CORPORATION By: ------------------------------------------ Name: Title: RIVIERA GAMING MANAGEMENT, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ------------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUPRIVIERA GAMING MANAGEMENT OF COLORADO, INC. promises to pay to ____By: ------------------------------------------ Name: Title: RIVIERA BLACK HAWK, INC. By: ------------------------------------------ Name: Title: THE BANK OF NEW YORK By: ------------------------------------------ Name: Title: SCHEDULE OF GUARANTORS The following schedule lists each Guarantor under the Indenture as of the date of the Indenture:
1. Riviera Operating Corporation
2. Riviera Gaming Management, Inc.
3. Riviera Gaming Management of Colorado, Inc.
4. Riviera Black Hawk, Inc. EXHIBIT A [Face of Note] ----------------------------------------------------------------------------- CUSIP/CINS ____________ or registered assigns, the principal sum of 11% Series A Senior Secured Notes due 2010 No. ___ $____________ RIVIERA HOLDINGS CORPORATION promises to pay to [CEDE & CO.] or registered assigns, the principal sum of --------------------------------------------------------- Dollars on March June 15, 20082010. Interest Payment Dates: March June 15 and September December 15 Record Dates: March June 1 and September December 1 THE MUSICLAND GROUPDated: June 26, INC. 2002 RIVIERA HOLDINGS CORPORATION By: ------------------------------- ----------------------------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ THE BANK ONE, NAOF NEW YORK, as Trustee By: ---------------------------------- (-------------------------------------------- Authorized Signatory ------------------------------------------------------------------------------- [Back of Note] 11% Series A Senior Subordinated Note) 9_% Senior Subordinated Secured Notes due 2008
2010 "THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (1) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.06 OF THE INDENTURE, (2) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (3) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF RIVIERA HOLDINGS CORPORATION. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 WATER STREET, NEW YORK, ▇▇▇ ▇▇▇▇) ("▇▇▇"), ▇▇ ▇▇▇ ▇▇▇▇▇▇Y OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN."1 THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (THE "SECURITIES ACT"), OR ANY STATE SECURITIES LAWS. NEITHER THIS SECURITY NOR ANY INTEREST OR PARTICIPATION HEREIN MAY BE REOFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, REGISTRATION. THE HOLDER OF THIS SECURITY BY ITS ACCEPTANCE HEREOF AGREES TO OFFER, SELL OR OTHERWISE TRANSFER THIS SECURITY, PRIOR TO THE DATE WHICH IS TWO YEARS (OR SUCH OTHER PERIOD THAT MAY HEREAFTER BE PROVIDED UNDER RULE 144(K) UNDER THE SECURITIES ACT AS PERMITTING RESALES OF RESTRICTED SECURITIES BY NON-AFFILIATES WITHOUT RESTRICTION) AFTER THE LATER OF THE -------------------------- 1 This paragraph legend should be included only if on the Senior Subordinated Note is issued in global form.
Restricted Global Notes and Restricted Definitive Notes and omitted from unrestricted Global Notes and Unrestricted Definitive Notes. ORIGINAL ISSUE DATE HEREOF AND THE LAST DATE ON WHICH EITHER OF THE ISSUER OR ANY AFFILIATE OF THE ISSUER WAS THE OWNER OF THIS SECURITY (OR ANY PREDECESSOR OF THIS SECURITY) (THE "RESALE RESTRICTION TERMINATION DATE") ONLY (A) TO THE ISSUER, (B) PURSUANT TO A REGISTRATION STATEMENT WHICH AS BEEN DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (C) FOR SO LONG AS THIS SECURITY IS ELIGIBLE FOR RESALE PURSUANT TO RULE 144A UNDER THE SECURITIES ACT, TO A PERSON IT REASONABLY BELIEVES IS A "QUALIFIED INSTITUTIONAL BUYER" AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT THAT PURCHASES FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QUALIFIED INSTITUTIONAL BUYER TO WHOM NOTICE IS GIVEN THAT THE TRANSFER IS BEING MADE IN RELIANCE ON RULE 144A UNDER THE SECURITIES ACT, (D) OUTSIDE THE UNITED STATES TO A NON-U.S. PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 UNDER THE SECURITIES ACT (E) TO AN INSTITUTIONAL "ACCREDITED INVESTOR" WITHIN THE MEANING OF SUBPARAGRAPH (a)(1), (2), (3) OR (7) OF RULE 501 UNDER THE SECURITIES ACT THAT IS ACQUIRING THIS SECURITY FOR ITS OWN ACCOUNT, OR FOR THE ACCOUNT OF SUCH AN INSTITUTIONAL "ACCREDITED INVESTOR," FOR INVESTMENT PURPOSES AND NOT WITH A VIEW TO, OR FOR OFFER OR SALE IN CONNECTION WITH, ANY DISTRIBUTION IN VIOLATION OF THE SECURITIES ACT OR (F) PURSUANT TO ANOTHER AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT, SUBJECT TO THE ISSUER'S AND THE TRUSTEE'S RIGHT PRIOR TO ANY SUCH OFFER, SALE OR TRANSFER PURSUANT TO CLAUSE (E) OR (F) TO REQUIRE THE DELIVERY OF AN OPINION OF COUNSEL, CERTIFICATIONS AND/OR OTHER INFORMATION SATISFACTORY TO EACH OF THEM, AND IN EACH OF THE FOREGOING CASES, A CERTIFICATE OF TRANSFER IN THE FORM APPEARING ON THIS SECURITY IS COMPLETED AND DELIVERED BY THE TRANSFEROR TO THE TRUSTEE AND IN EACH CASE IN ACCORDANCE WITH APPLICABLE SECURITIES LAWS OF ANY U.S. STATE OR ANY OTHER APPLICABLE JURISDICTION. THE HOLDER OF THIS SECURITY AGREES THAT IT WILL DELIVER TO EACH PERSON TO WHOM THIS SECURITY IS TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS LEGEND. THIS LEGEND WILL BE REMOVED UPON THE REQUEST OF THE HOLDER AFTER THE RESALE RESTRICTION TERMINATION DATE.2 Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Riviera Holdings Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 SIGNATURES Dated as of April 6September 14, 1998 THE MUSICLAND KEY ENERGY GROUP, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ -------------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION THE BANK OF NEW YORK By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ -------------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (A1 [Face of Senior Subordinated Note) 9_% Senior Subordinated ] ================================================================================ CUSIP/CINS ____________ __% Exchange Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP___ $____________ Key Energy Group, INC. Inc. promises to pay to __________________________________________ or registered assigns, the principal sum of __________________________________________ Dollars on March 15September 14, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUPKey Energy Group, INC. Inc. By: ------------------------------- -------------------------------- Name: Title: By: -------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE__________ __, NA, ____ The Bank of New York as Trustee By: ---------------------------------- (Authorized Signatory A1-1 [Back of Senior Subordinated Note) 9_% Senior Subordinated ] ___% Exchange Notes due 2008
(1) This paragraph should be included only 2008 [Insert the Global Note Legend, if applicable pursuant to the Senior Subordinated Note is issued in global form.
(2) provisions of the Indenture] [Insert the Private Placement Legend, if applicable pursuant to the provisions of the Indenture] [Insert the Unit Legend, if applicable pursuant to the provisions of the Indenture] Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Key Energy Group Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6August 12, 1998 THE MUSICLAND GROUP2002 COMDISCO HOLDING COMPANY, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUPAttest: ------------------------------ Name: Title: COMDISCO, INC. promises By: ------------------------------ Name: Title: Attest: ------------------------------ Name: Title: WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATIOn By: ------------------------------ Name: Title: Attest: ------------------------------ Authorized Signatory: Date: SCHEDULE A SCHEDULED CASH RESERVE AMOUNT Date Aggregate Cash Reserve Amount ---- ----------------------------- September 30, 2002 $57,000,000.00 December 31, 2002 $55,000,000.00 March 31, 2003 $53,000,000.00 June 30, 2003 $51,000,000.00 September 30, 2003 $49,000,000.00 December 31, 2003 $47,000,000.00 March 31, 2004 $45,000,000.00 June 30, 2004 and thereafter $43,000,000.00 Exhibit A [Face of Note] ------------------------------------------------------------------------------- CUSIP ____________ 11% Subordinated Secured Notes due 2005 No. ___ $____________ COMDISCO HOLDING COMPANY, INC. and COMDISCO, INC. promise to pay to ------------------------------------------------------------ or registered assigns, the principal sum of [$650,000,000.00] on _____ __, 2005. Interest Payment Dates: September 30, December 31, March 31 and June 30 Record Dates: September 15, December 15, March 15 and June 15 Dated: _______________, ____ COMDISCO HOLDING COMPANY, INC. COMDISCO, INC. By:__________________________ or registered assigns, the principal sum of By:_________________________ Dollars on March 15, 2008. Interest Payment DatesName: March 15 and September 15 Record DatesName: March 1 and September 1 THE MUSICLAND GROUP, INC. Title: Title: By:__________________________ By:_________________________ Name: ------------------------------- Name: Title: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ WELLS FARGO BANK ONEMINNESOTA, NA, NATIONAL ASSOCIATIOn as Trustee By: ---------------------------------- (___________________________ Authorized Signatory ------------------------------------------------------------------------------- [Back of Senior Note] 11% Subordinated Note) 9_% Senior Subordinated Secured Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form2005 [INSERT THE GLOBAL NOTE LEGEND, IF APPLICABLE, PURSUANT TO THE PROVISIONS OF THE INDENTURE.
(2) ] Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Comdisco Holding Co Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 77 86 SIGNATURES Dated as of April 6December 18, 1998 THE MUSICLAND GROUP1997 PILLOWTEX CORPORATION BY: /S/ JEFF▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------------- Name: Jeff▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Operating Officer The Initial Guarantors: PTEX HOLDING COMPANY PILLOWTEX, INC. ByMANE▇▇▇ ▇▇▇E FASHIONS, INC. BEACON MANUFACTURING COMPANY PILLOWTEX MANAGEMENT SERVICES COMPANY TENNESSEE WOOLEN MILL▇, ▇▇C. BY: /s/ /S/ JEFF▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------------- Name: Jeff▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Operating Officer NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION BY: /S/ RAYM▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ------------------------------------ --------------------------------- Name: ▇Raym▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: CEO Vice President 87 EXHIBIT A1 (Face of Note) ================================================================================ CUSIP/CINS ------------------- 9% [Series A] [Series B] Senior Subordinated Notes due 2007 No. $ ----- -------------- PILLOWTEX CORPORATION promises to pay to --------------------------------------------------- or registered assigns, the principal sum of ------------------------------------------------ Dollars on December 15, 2007. Interest Payment Dates: June 15 and Chairman MUSICLAND STORES December 15 Record Dates: June 1 and December 1 DATED: DECEMBER 18, 1997 PILLOWTEX CORPORATION ByBY: /s/ ▇----------------------------------- Name: Char▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: , ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to ________________ or registered assigns, the principal sum of ___________ Dollars on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP, INC. By: ------------------------------- Name: Title: Chief Executive Officer This is one of the Senior Subordinated Global Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONENorwest Bank Minnesota, NA, National Association as Trustee By: ---------------------------------- Authorized Signatory ================================================================================ A1-1 88 (Back of Senior Subordinated Note) 9_% 9% [Series A] [Series B] Senior Subordinated Notes due 2008
2007 THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (1AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.07 OF THE INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY. THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), AND THIS NOTE MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT OR IN ACCORDANCE WITH AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (SUBJECT TO THE DELIVERY OF SUCH EVIDENCE, IF ANY, REQUIRED UNDER THE INDENTURE PURSUANT TO WHICH THIS NOTE IS ISSUED) AND IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER JURISDICTION. EACH PURCHASER OF THE SECURITY EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 1444A THEREUNDER OR ANOTHER EXEMPTION UNDER THE SECURITIES ACT. THE HOLDER OF THE SECURITY EVIDENCED HEREBY AGREES FOR THE BENEFIT OF THE COMPANY THAT (A) SUCH SECURITY MAY BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED ONLY (1)(A) TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENT OF RULE 144A, (B) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT, (C) OUTSIDE THE UNITED STATES TO A FOREIGN PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 UNDER THE SECURITIES ACT OR (D) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED UPON AN OPINION OF COUNSEL IF THE COMPANY SO REQUESTS), SUBJECT TO THE RECEIPT BY THE REGISTRAR OF A CERTIFICATION OF THE TRANSFEROR AND AN OPINION OF COUNSEL TO THE EFFECT THAT SUCH TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT, (2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicatedTO THE COMPANY OR (3) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT AND, IN EACH CASE, IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (B) THE HOLDER WILL AND EACH SUBSEQUENT HOLDER IS REQUIRED TO NOTIFY ANY PURCHASER FROM IT OF THE SECURITY EVIDENCED HEREBY OF THE RESALE RESTRICTION SET FORTH IN (A) ABOVE.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 77 85 SIGNATURES Dated as of April 6December 18, 1998 THE MUSICLAND GROUP1997 PILLOWTEX CORPORATION BY: /S/ JEFF▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------------- Name: Jeff▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Operating Officer The Initial Guarantors: PTEX HOLDING COMPANY PILLOWTEX, INC. ByMANE▇▇▇ ▇▇▇E FASHIONS, INC. BEACON MANUFACTURING COMPANY PILLOWTEX MANAGEMENT SERVICES COMPANY TENNESSEE WOOLEN MILL▇, ▇▇C. BY: /s/ /S/ JEFF▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------------- Name: Jeff▇▇▇ ▇. ▇▇▇▇▇▇ Title: Chief Operating Officer NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION BY: /S/ RAYM▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ------------------------------------ --------------------------------- Name: ▇Raym▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: CEO Vice President 86 EXHIBIT A1 (Face of Note) ================================================================================ CUSIP/CINS ------------------- 9% [Series A] [Series B] Senior Subordinated Notes due 2007 No. $ ----- -------------- PILLOWTEX CORPORATION promises to pay to --------------------------------------------------- or registered assigns, the principal sum of ------------------------------------------------ Dollars on December 15, 2007. Interest Payment Dates: June 15 and Chairman MUSICLAND STORES December15 Record Dates: June 1 and December 1 DATED: DECEMBER 18, 1997 PILLOWTEX CORPORATION ByBY: /s/ ▇----------------------------------- Name: Char▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: , ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to ________________ or registered assigns, the principal sum of ___________ Dollars on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP, INC. By: ------------------------------- Name: Title: Chief Executive Officer This is one of the Senior Subordinated Global Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONENorwest Bank Minnesota, NA, National Association as Trustee By: ---------------------------------- Authorized Signatory ================================================================================ A1-1 87 (Back of Senior Subordinated Note) 9_% 9% [Series A] [Series B] Senior Subordinated Notes due 2008
2007 THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (1AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.07 OF THE INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY. THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), AND THIS NOTE MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT OR IN ACCORDANCE WITH AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (SUBJECT TO THE DELIVERY OF SUCH EVIDENCE, IF ANY, REQUIRED UNDER THE INDENTURE PURSUANT TO WHICH THIS NOTE IS ISSUED) AND IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER JURISDICTION. EACH PURCHASER OF THE SECURITY EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 1444A THEREUNDER OR ANOTHER EXEMPTION UNDER THE SECURITIES ACT. THE HOLDER OF THE SECURITY EVIDENCED HEREBY AGREES FOR THE BENEFIT OF THE COMPANY THAT (A) SUCH SECURITY MAY BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED ONLY (1)(A) TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENT OF RULE 144A, (B) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT, (C) OUTSIDE THE UNITED STATES TO A FOREIGN PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 UNDER THE SECURITIES ACT OR (D) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED UPON AN OPINION OF COUNSEL IF THE COMPANY SO REQUESTS), SUBJECT TO THE RECEIPT BY THE REGISTRAR OF A CERTIFICATION OF THE TRANSFEROR AND AN OPINION OF COUNSEL TO THE EFFECT THAT SUCH TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT, (2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicatedTO THE COMPANY OR (3) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT AND, IN EACH CASE, IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (B) THE HOLDER WILL AND EACH SUBSEQUENT HOLDER IS REQUIRED TO NOTIFY ANY PURCHASER FROM IT OF THE SECURITY EVIDENCED HEREBY OF THE RESALE RESTRICTION SET FORTH IN (A) ABOVE.
Appears in 1 contract
Sources: Indenture (Pillowtex Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 SIGNATURES Dated as of April 6May 18, 1998 THE MUSICLAND GROUP, INC. RESTAURANT COMPANY By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ --------------------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION Attest: --------------------------- STATE STREET BANK AND TRUST COMPANY By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ --------------------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee ByAttest: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 ---------------------------- EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% THE RESTAURANT COMPANY THIS NOTE IS ISSUED WITH ORIGINAL ISSUE DISCOUNT FOR PURPOSES OF SECTION 1271 ET SEQ. OF THE INTERNAL REVENUE CODE. FOR EACH $1,000 OF ORIGINAL PRINCIPAL AMOUNT AT MATURITY OF THIS NOTE, THE ISSUE PRICE IS $579.07 AND THE AMOUNT OF ORIGINAL ISSUE DISCOUNT IS $420.93. THE ISSUE DATE OF THIS NOTE IS MAY 18, 1998 AND THE YIELD TO MATURITY IS 11 1/4%.
11 1 4% Series A Senior Subordinated Discount Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to ________________ or registered assigns, the principal sum of _____CUSIP NO. ______ $[ ] Original Principal Amount at Maturity THE RESTAURANT COMPANY, a Delaware corporation (the "Company" or the "Issuer"), promises to pay to [ ] or registered assigns upon surrender hereof the principal sum of [ ] Dollars or, if less, the Accreted Value of this Note, on March May 15, 2008. Interest Payment Dates: March May 15 and September 15 Record Dates: March 1 November 15, commencing on the earlier of November 15, 2003 or the Interest Payment Date next succeeding the Semi-Annual Accrual Date with respect to which the Cash Interest Election is made, and September 1 at stated maturity. THE MUSICLAND GROUP, INC. RESTAURANT COMPANY By: ------------------------------- --------------------------------------- Name: Title: By: --------------------------------------- Name: Title: This is one of the Senior Subordinated Global Notes referred to in the within-mentioned Indenture: Dated: ------------------------ STATE STREET BANK ONEAND TRUST COMPANY, NA, as Trustee AS TRUSTEE By: ---------------------------------- ----------------------------- Date: --------------------------- (Back of Note)
11 1 4% Series A Senior Subordinated Note) 9_% Senior Subordinated Discount Notes due 2008
2008 UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (1▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇) This paragraph should be included only if the Senior Subordinated Note is issued in global form("DTC") TO THE ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO.
, HAS AN INTEREST HEREIN. THE SECURITY (OR ITS PREDECESSOR) EVIDENCED HEREBY WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER SECTION 5 OF THE UNITED STATES SECURITIES ACT OF 1933 (THE "SECURITIES ACT"), AND THE SECURITY EVIDENCED HEREBY MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM. EACH PURCHASER OF THE SECURITY EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED IN RULE 144A THEREUNDER. THE HOLDER OF THE SECURITY EVIDENCED HEREBY AGREES FOR THE BENEFIT OF THE ISSUER THAT (A) SUCH SECURITY MAY BE RESOLD, PLEDGED OR OTHERWISE ONLY (1)(a) TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A UNDER THE SECURITIES ACT, (b) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT, (c) OUTSIDE THE UNITED STATES TO A FOREIGN PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 UNDER THE SECURITIES ACT, OR (d) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED UPON AN OPINION OF COUNSEL IF THE ISSUER SO REQUESTS), (2) TO THE ISSUER OR (3) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT AND, IN EACH CASE, IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (B) THE HOLDER WILL, AND EACH SUBSEQUENT HOLDER IS REQUIRED TO, NOTIFY ANY PURCHASER FROM IT OF THE SECURITY EVIDENCED HEREBY OF THE RESALE RESTRICTIONS SET FORTH IN (A) ABOVE. Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Restaurant Co)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. 100 SIGNATURES Dated as of April 6August 8, 1998 THE MUSICLAND GROUP, INC2003 ACC ESCROW CORP. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ BRUCE R. KNOOIHUIZEN ----------------------------------- Name: Bruce R. Knooihuizen Title: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ Attest: /s/ RONALD L. RIPLEY ----------------------------------- Name: Ronald L. R▇▇▇▇▇ ▇▇▇▇▇: ▇▇▇e President ▇▇▇▇ ▇▇ OKLAHOMA, NATIONAL ASSOCIATION By: /s/ TIM COOK ----------------------------------- Name: Tim Cook Title: Vice Presi▇▇▇▇ ▇ttest: /s/ RACHEL WRIGHT ----------------------------------- Authorized Signatory ▇▇▇▇: ▇▇▇▇▇▇ 8, 2003 SCHEDULE I SCHEDULE OF GUARANTORS The following schedule lists each Guarantor under the Indenture as of the date of the Indenture: EXHIBIT A1 [Face of Note] ------------------------------------------------------------------------------- CUSIP/CINS ------------ 10% [Series A] [Series B] Senior Notes due 2011 No. $ --- --------------- THE MUSICLAND GROUP, INC------------ ACC ESCROW CORP. promises to pay to ________________ CEDE & CO. or registered assigns, the principal sum of ___________ ---------------------------------------------------------- Dollars on March 15, 20082011. ------------- Interest Payment Dates: March 15 and September 15 ------------ ------------ Record Dates: March 1 and September 1 THE MUSICLAND GROUP------------ ------------ Dated: August 8, INC2003 ACC ESCROW CORP. By: ------------------------------- --------------------------------- Name: Title: By: --------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONEOF OKLAHOMA, NA, NATIONAL ASSOCIATION as Trustee By: ---------------------------------- (-------------------------------------------- Authorized Signatory -------------------------------------------------------------------------------- A1-1 [Back of Note] 10% [Series A] [Series B] Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only 2011 [Insert the Global Note Legend, if applicable pursuant to the Senior Subordinated Note is issued in global form.
(2) provisions of the Indenture] [Insert the Private Placement Legend, if applicable pursuant to the provisions of the Indenture] Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 SIGNATURES Dated as of April 6March 11, 1998 THE MUSICLAND GROUP, INC. By: /s/ covad communications company By:/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ---------------------- Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION ByV.P., General Counsel Attest: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ ------------------------ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Financial Offier, Treasurer and Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. President, Finance THE BANK OF NEW YORK By: /s/ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ --- --------------- --------------------------- Name: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Assistant Vice President EXHIBIT A-1 (Face of Note) ================================================================================ "FOR THE MUSICLAND PURPOSES OF SECTIONS 1272, 1273 AND 1275 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THIS SECURITY IS BEING ISSUED WITH ORIGINAL ISSUE DISCOUNT; NOT LATER THAN 10 DAYS AFTER MARCH 11, 1998, INFORMATION TO INCLUDE THE ISSUE PRICE, AMOUNT OF ORIGINAL ISSUE DISCOUNT, ISSUE DATE, AND YIELD TO MATURITY OF THE SECURITY WILL BE MADE AVAILABLE TO HOLDERS UPON REQUEST TO ▇▇▇▇▇▇▇ ▇▇▇▇▇, CHIEF FINANCIAL OFFICER, COVAD COMMUNICATIONS GROUP, INC., (▇▇▇) ▇▇▇-▇▇▇▇.
(i) CUSIP/CINS _________________________________
13 1 2 % [Series A] [Series B] Senior Discount Notes due 2008 No. _______ $_________________/1/ COVAD COMMUNICATIONS GROUP, INC. promises to pay to to_______________________________________________ or registered assigns, the principal sum of of_____________________________________________ Dollars on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP_____________________
/1 To be initially $______ aggregate principal amount at maturity, INC. By: ------------------------------- Name: Title: This is one subject to increase and decrease in accordance with the Schedule of the Senior Subordinated Notes referred to Exchanges of Interest in the within-mentioned Indenture: Dated: ------------------------ BANK ONEGlobal Note attached hereto and, NAin combination with Global Note number[s] _______ [and _______] identified by CUSIP No. ____, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated and Regulations S Temporary Global Note is issued number ________ identified by CUSIP No. _____, to equal $_____ in global formaggregate principal amount at maturity.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6January ___, 1998 THE MUSICLAND GROUP, 2003 XM SATELLITE RADIO INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ----------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION ByAttest: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face Dated as of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to January ___, 2003 XM SATELLITE RADIO HOLDINGS INC., AS PARENT GUARANTOR By: ----------------------------- Name: Title: Attest: ------------------------------ Name: Title: Dated as of January ___, 2003 XM EQUIPMENT LEASING LLC, AS SUBSIDIARY GUARANTOR By: ------------------------------ Name: Title: Attest: ----------------------------- Name: Title: THE BANK OF NEW YORK By: ------------------------------ Name: Title: Attest: ------------------------------ Authorized Signatory Date: [Face of Note] -------------------------------------------------------------------------------- [Insert Original Issue Discount Legend, if applicable.] CUSIP/CINS ____________ or registered assigns, the principal sum of 14% Senior Secured Discount Notes due 2009 No. 1 $____________ XM SATELLITE RADIO INC. promises to pay to ------------------------------------------------------------- or registered assigns, the principal sum of ----------------------------------------------------------- Dollars on March 15December 31, 20082009. Interest Payment Dates: March 15 December 31 and September 15 June 30 (beginning on June 30, 2006) Record Dates: March 1 December 15 and September 1 THE MUSICLAND GROUPJune 15 Dated: January ___, 2003 XM SATELLITE RADIO INC. By: ------------------------------- --------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.--------------------- Name: Title:
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 SIGNATURES Dated as of April 6, 1998 2001 THE MUSICLAND GROUP, FINOVA GROUP INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ :_________________________ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman THE BANK ONE, NAOF NEW YORK, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ :_________________________ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (A [Face of Note] 7.5% Senior Subordinated Note) 9_% Senior Subordinated Notes Secured Note Maturing 2009 with Contingent Interest due 2008 2016 CUSIP No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- __________ No.___ $____________ THE MUSICLAND GROUP, FINOVA GROUP INC. promises to pay to ________________________ or its registered assigns, assigns the principal sum of _______________________ Dollars on March November 15, 20082009. Interest Payment Dates: March May 15 and September 15 Record November 15, commencing November 15, 2001. Reference Dates: March 1 and September 1 The fifth Business Day immediately preceding each Interest Payment Date. Additional provisions of this Note are set forth on the other side of this Note. Dated: ________ THE MUSICLAND GROUP, FINOVA GROUP INC. By: ------------------------------- :___________________________ Name: Title: TRUSTEE'S CERTIFICATION OF AUTHENTICATION: This is one of the Senior Subordinated Notes referred to in the within-within mentioned Indenture: Dated: ------------------------ THE BANK ONE, NAOF NEW YORK, as Trustee By: ---------------------------------- (:________________________________ Authorized Signatory [Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.]
Appears in 1 contract
Sources: Indenture (Finova Group Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 74 83 SIGNATURES Dated as of April 6March 30, 1998 THE MUSICLAND GROUPHOLDINGS, INC. By: /s/ G. Walt▇▇ ▇▇▇▇▇▇▇, ▇▇. --------------------------- Name: G. Walt▇▇ ▇▇▇▇▇▇▇, ▇▇. Title: President and Chief Executive Officer STATE STREET BANK AND TRUST COMPANY, as Trustee By: /s/ Mich▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ------------------------------- Name: ▇Mich▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Namele: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇Vice President 84 EXHIBIT A (Face of Senior Discount Note) 11 1/4% Senior Discount Notes due 2008 $0018▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ .____ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUPAP HOLDINGS, INC. promises to pay to ____________________ or registered assigns, the principal sum of _____________ Dollars on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUPHOLDINGS, INC. By: ------------------------------- -------------------------------- Name: Title: This is one of the Senior Subordinated Discount Notes referred to in the within-mentioned Indenture: Dated: ------------------------ STATE STREET BANK ONE, NAAND TRUST COMPANY, as Trustee By: ---------------------------------- ------------------------ (Back of Senior Subordinated Discount Note) 9_% 11 1/4% Senior Subordinated Discount Notes due 2008
(1) [THE SECURITY (OR ITS PREDECESSOR) EVIDENCED HEREBY WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER SECT▇▇▇ ▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇URITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), AND THE SECURITY EVIDENCED HEREBY MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM. EACH PURCHASER OF THE SECURITY EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER. THE HOLDER OF THE SECURITY EVIDENCED HEREBY AGREES FOR THE BENEFIT OF HOLDINGS THAT (A) SUCH SECURITY MAY BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED, ONLY (1) (a) INSIDE THE UNITED STATES TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A, (b) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT, (c) OUTSIDE THE UNITED STATES TO A FOREIGN PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 OF THE SECURITIES ACT, (d) TO AN INSTITUTIONAL "ACCREDITED INVESTOR" (AS DEFINED IN RULE 501(a)(1), (2), (3) OR (7) OF THE SECURITIES ACT (AN "INSTITUTIONAL ACCREDITED INVESTOR"), THAT PRIOR TO SUCH TRANSFER, FURNISHED THE TRUSTEE A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS (THE FORM OF WHICH CAN BE OBTAINED FROM THE TRUSTEE) AND, IF SUCH TRANSFER IS IN RESPECT OF AN AGGREGATE PRINCIPAL AMOUNT OF SECURITIES LESS
(1) This paragraph should be included only if the Senior Subordinated Discount Note is issued in global form.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Ap Holdings Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 SIGNATURES Dated as of April 6January 29, 1998 THE MUSICLAND GROUP1999 Pac-West Telecomm, INC. Inc. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ------------------------------ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION ByChief Financial Officer Attest: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇▇ ---------------------------- Name: ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: CEO and Chairman BANK ONENotary Public --------------------------------------- Norwest Bank Minnesota, NA, as Trustee National ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Association [Notary] Comm. # 1127538 [Public] NOTARY PUBLIC--CALIFORNIA By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ [ Seal ] San ▇▇▇▇▇▇▇ County ------------------------------ My Comm. Expires March 2, 2001 Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ --------------------------------------- Title: Vice President 101 Designated Signer Attest: ---------------------------- Authorized Signatory Date: Signature Page to Indenture EXHIBIT A-1 (A1 [Face of Note] -------------------------------------------------------------------------------- CUSIP/CINS ___________ ___% [Series A] [Series B] Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 2009 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP__ $___________ Pac-West Telecomm, INC. Inc. promises to pay to to______________________________________________________________ or registered assigns, the principal sum of of____________________________________________________________ Dollars on March 15_____________, 2008200__. Interest Payment Dates: March 15 ____________ and September 15 ____________ Record Dates: March 1 ____________ and September 1 THE MUSICLAND GROUP____________ Dated: January 29, INC. 1998 Pac-West Telecomm, Inc. By:____________________________________________ Name: ------------------------------- Title: By:____________________________________________ Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONENorwest Bank Minnesota, NANATIONAL ASSOCIATION, as Trustee By: ---------------------------------- (__________________________________ Authorized Signatory -------------------------------------------------------------------------------- A1-1 [Back of Note] 13 1/2% [Series A] [Series B] Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
2009 "THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (1AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) This paragraph should be included only if the Senior Subordinated Note is issued in global formOR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.07 OF THE INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY.
" THE NOTE (2OR ITS PREDECESSORS) EVIDENCED HEREBY WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER ▇▇▇▇▇▇▇ ▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ SECURITIES ACT OF 1933, AS AMENDED, AND THE NOTE EVIDENCED HEREBY MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM. EACH PURCHASER OF THE NOTE EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER OR ANOTHER EXEMPTION UNDER THE SECURITIES ACT. THE HOLDER OF THE NOTE EVIDENCED HEREBY AGREES FOR THE BENEFIT OF THE COMPANY THAT (A) SUCH NOTE MAY BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED ONLY (i) (a) TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT), PURCHASING FOR ITS OWN ACCOUNT IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A UNDER THE SECURITIES ACT, (b) AN INSTITUTIONAL ACCREDITED INVESTOR THAT, PRIOR TO SUCH TRANSFER, FURNISHES TO THE TRUSTEE A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS RELATING TO THE RESTRICTIONS ON TRANSFER OF THE NOTE EVIDENCED HEREBY (THE FORM OF WHICH LETTER CAN BE OBTAINED FROM THE TRUSTEE), (c) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144 OF THE SECURITIES ACT, (d) OUTSIDE THE UNITED STATES TO A FOREIGN PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 OF REGULATION S UNDER THE SECURITIES ACT OR (e) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT PROVIDED THAT IN THE CASE OF A TRANSFER PURSUANT TO CLAUSE (e) SUCH TRANSFER IS EFFECTED BY THE DELIVERY TO THE TRANSFEREE OF DEFINITIVE SECURITIES REGISTERED IN ITS NAME (OR ITS NOMINEES NAME) IN THE BOOKS MAINTAINED BY THE REGISTRAR, AND IS SUBJECT TO THE RECEIPT BY THE REGISTRAR (AND THE COMPANY, IF IT SO REQUESTS) OF A CERTIFICATION OF THE TRANSFEROR AND AN OPINION OF COUNSEL TO THE EFFECT THAT SUCH TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT, (ii) TO THE COMPANY OR (iii) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND, IN EACH CASE, IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (B) THE HOLDER WILL, AND EACH SUBSEQUENT HOLDER IS REQUIRED TO, NOTIFY ANY PURCHASER FROM IT OF THE NOTE EVIDENCED HEREBY OF THE RESALE RESTRICTIONS SET FORTH IN (A) ABOVE." Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Pac-West Telecomm Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 SIGNATURES Dated as of April 6August 3, 1998 THE MUSICLAND GROUP, INC. 1999 Crown Castle International Corp. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to :__________________________________________ Name: Title: Attest: __________________________________________ Name: Title: United States Trust Company of New York By:__________________________________________ Name: Title: Attest: __________________________________________ Authorized Signatory Date: [Face of Note] -------------------------------------------------------------------------------- THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR PURPOSES OF APPLYING THE UNITED STATES FEDERAL INCOME TAX ORIGINAL ISSUE DISCOUNT RULES TO THIS NOTE. THE ISSUE DATE OF THIS NOTE IS AUGUST 3, 1999. THE ISSUE PRICE OF THIS NOTE IS $578.89 PER $1000.00 OF INITIAL PRINCIPAL AMOUNT AT MATURITY. THIS NOTE IS ISSUED WITH $421.11 OF ORIGINAL ISSUE DISCOUNT PER $1000.00 OF INITIAL PRINCIPAL AMOUNT AT MATURITY. THE YIELD TO MATURITY OF THIS NOTE IS 11 1/4%. CUSIP/CINS ____________ 11 1/4% Senior Discount Notes due 2011 No. ___ $____________ CROWN CASTLE INTERNATIONAL CORP. promises to pay to CEDE & CO. or registered assigns, the principal sum of _____________________________________ Dollars DOLLARS on March 15August 1, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form2011.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 [SIGNATURES ON FOLLOWING PAGES] Dated as of April 6August 1, 1998 THE MUSICLAND GROUP, INC. 2003 WHEELING-PITTSBURGH STEEL CORPORATION By: /s/ ▇▇▇▇ . ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES SVP Dated as of August 1, 2003 WHEELING-PITTSBURGH CORPORATION By: /s/ ▇▇▇▇ . ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONEVP Dated as of August 1, NA, as Trustee 2003 WP STEEL VENTURE CORPORATION By: /s/ ▇▇▇▇▇▇ . ▇. ▇▇▇▇▇ ------------------------------ ------------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face Secretary Dated as of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇August 1, 2003 BANK ONE, N.A., as Trustee By: /s/ ▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC▇▇▇▇▇▇ ------------------------------------ Name: Title: EXHIBIT A FORM OF NOTE Series A Senior Secured Notes due 2011 No. A-1 $40,000,000 CUSIP NO. 963150 AB 3 WHEELING-PITTSBURGH STEEL CORPORATION promises to pay to _____CEDE & CO, or its registered assigns, the principal sum of Forty Million Dollars ($40,000,000) on ___________ or registered assigns__, 2011. Interest Payment Dates: June 15 and December 15 Record Date: June 1 and December 1
A. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. This Note is issued pursuant to, and subject to the terms of, the principal sum Series A Indenture, dated as of ________ ____ Dollars , 2003, among the Company, the Trustee and the Guarantors signatory thereto. The Guarantors that are parties to the Indenture, and their successors under the Indenture, have jointly and severally, fully and unconditionally, guaranteed the payment of principal of, premium, if any, and interest on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global formNotes.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6May 27, 1998 THE MUSICLAND GROUPPARK`N VIEW, INC. ByBY: /s/ ▇Step▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ------------------------------------ ---------------------------- Name: ▇Step▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION CFO, COO STATE STREET BANK AND TRUST COMPANY By: /s/ ▇▇Stev▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ---------------------------- Name: ▇▇Stev▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 77 EXHIBIT A-1 A (Face of Senior Subordinated Note) 9_% ===============================================================================
(a) CUSIP __________ 13% [Series A] [Series B] Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP---------- PARK `N VIEW, INC. promises to pay to Cede & Co. or registered assigns, the principal sum of Dollars on May 15, 2008 ---------------------------------------- Interest Payment Dates: May 15 and November 15 Record Dates: May 1 and November 1 DATED: ________________ or registered assigns, the principal sum of ___________ Dollars on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP1998 PARK `N VIEW, INC. ByBY: ------------------------------- ------------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ STATE STREET BANK ONE, NAAND TRUST COMPANY, as Trustee By: ---------------------------------- ------------------------------------ =============================================================================== (Back of Senior Subordinated Note) 9_% 13% [Series A] [Series B] Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
THE SECURITY (OR ITS PREDECESSOR) EVIDENCED HEREBY WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER SECT▇▇▇ ▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇URITIES ACT OF 1933 (THE "SECURITIES ACT"), AND THE SECURITY EVIDENCED HEREBY MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM. EACH PURCHASER OF THE SECURITY EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER. THE HOLDER OF THE SECURITY EVIDENCED HEREBY AGREES FOR THE BENEFIT OF THE COMPANY THAT (A) SUCH SECURITY MAY BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED, ONLY (1)(a) TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A, (b) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT OR (c) TO AN INSTITUTIONAL "ACCREDITED INVESTOR" AS DEFINED IN RULE 501(A)(1), (2), (3) OR (7) OF THE SECURITIES ACT (AN "INSTITUTIONAL ACCREDITED INVESTOR") THAT, PRIOR TO SUCH TRANSFER, FURNISHES THE TRUSTEE OR THE WARRANT AGENT, AS APPLICABLE, A SIGNED LETTER CONTAINING CERTAIN REPRESENTATIONS AND AGREEMENTS (THE FORM OF WHICH CAN BE OBTAINED FROM THE TRUSTEE OR THE WARRANT AGENT, AS APPLICABLE) AND, IF SUCH TRANSFER IS IN RESPECT OF AN AGGREGATE PRINCIPAL AMOUNT OF SECURITIES LESS THAN $250,000, AN OPINION OF COUNSEL THAT SUCH TRANSFER IS IN COMPLIANCE WITH SECURITIES ACT OR (d) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND, IN THE CASE OF CLAUSE (b), (c) or (d) BASED UPON AN OPINION OF COUNSEL IF THE COMPANY SO REQUESTS), (2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.TO THE COMPANY OR (3)
Appears in 1 contract
Sources: Indenture (Park N View Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 84 Dated as of April 6July 16, 1998 THE MUSICLAND GROUP, INC. 2003 CALPINE CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ -------------------------------- Name: Title: CEO and Chairman MUSICLAND STORES CORPORATION WILMINGTON TRUST COMPANY By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ -------------------------------- Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 Authorized Signer EXHIBIT A-1 (A [Face of Note] -------------------------------------------------------------------------------- CUSIP [131347 BB 1] [U13055 AD 7] Second Priority Senior Subordinated Note) 9_% Senior Subordinated Secured Floating Rate Notes due 2008 2007 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to _____ $____________ CALPINE CORPORATION promises to pay to CEDE & CO. or registered assigns, the principal sum of __________________________________________________________ Dollars on March July 15, 20082007. Interest Payment Dates: March 15 and September January 15, April 15, July 15, October 15 Record Dates: March January 1, April 1, July 1, October 1 and September 1 THE MUSICLAND GROUP, INC. CALPINE CORPORATION By: ------------------------------- ________________________________ Name: Title: Dated: July 16, 2003 This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NAWILMINGTON TRUST COMPANY, as Trustee By: ---------------------------------- (__________________________________ Authorized Signatory -------------------------------------------------------------------------------- [Back of Note] Second Priority Senior Subordinated Note) 9_% Senior Subordinated Secured Floating Rate Notes due 2008
2007 THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.06 OF THE INDENTURE, (2) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (3) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇) ("▇▇▇"), TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. THE NOTES EVIDENCED HEREBY HAVE NOT BEEN AND SHALL NOT BE REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), AND MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT (A)(1) TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER WITHIN THE MEANING OF RULE 144A UNDER THE SECURITIES ACT PURCHASING FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QUALIFIED INSTITUTIONAL BUYER IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A, (2) IN AN OFFSHORE TRANSACTION COMPLYING WITH RULE 903 OR RULE 904 OF REGULATION S UNDER THE SECURITIES ACT, (3) PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT PROVIDED BY RULE 144 THEREUNDER (IF AVAILABLE), (4) TO AN INSTITUTIONAL ACCREDITED INVESTOR IN A TRANSACTION EXEMPT FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT OR (5) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND (B) IN ACCORDANCE WITH ALL APPLICABLE SECURITIES LAWS OF THE STATES OF THE UNITED STATES AND OTHER JURISDICTIONS. Capitalized terms used herein shall have the meanings assigned to them in the this Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Calpine Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6DATED AS OF JULY __, 1998 THE MUSICLAND GROUP1997 DELTA FINANCIAL CORPORATION BY: --------------------------------- NAME: TITLE: DATED AS OF JULY __, 1997 DELTA FUNDING CORPORATION BY: --------------------------------- NAME: TITLE: DATED AS OF JULY __, 1997 DF SPECIAL HOLDINGS CORPORATION BY: --------------------------------- NAME: TITLE: DATED AS OF JULY __, 1997 FIDELITY MORTGAGE, INC. ByBY: /s/ --------------------------------- NAME: TITLE: DATED AS OF JULY __, 1997 FIDELITY MORTGAGE (FLORIDA), INC. BY: --------------------------------- NAME: TITLE: DATED AS OF JULY __, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇ ▇▇▇▇ ▇▇▇▇ TitleBY: CEO and Chairman MUSICLAND STORES CORPORATION By--------------------------------- NAME: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ NameTITLE: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 A (Face of Senior Subordinated Note) 9_% ================================================================================ CUSIP/CINS ____________ ____% Senior Subordinated Notes due 2008 2004 REGISTERED REGISTERED No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. ___ $___________ DELTA FINANCIAL CORPORATION promises to pay to _________________________________________________ or registered assigns, the principal sum of $______________ Dollars (__________________________ DOLLARS) on March 15___________, 20082004. Interest Payment Dates: March 15 __________, and September 15 __________ Record Dates: March 1 __________, and September 1 THE MUSICLAND GROUP, INC. By__________ Dated: ------------------------------- NameDELTA FINANCIAL CORPORATION BY: Title--------------------------------- NAME: TITLE: This is one of the Senior Subordinated Global Notes referred to in the within-mentioned Indenture: Dated: ------------------------ THE BANK ONE, NAOF NEW YORK, as Trustee By: ---------------------------------- :__________________________________ ================================================================================ (Back of Senior Subordinated Note) 9_% DELTA FINANCIAL CORPORATION ___% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) 2004 Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Df Special Holdings Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture hereof and shall in no way modify or restrict any of the terms or provisions hereof. 100 84 SIGNATURES IMPERIAL CREDIT INDUSTRIES, INC. By: /s/ H. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ----------------------------- Name: H. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chairman Dated as of April 6January 23, 1998 THE MUSICLAND GROUP1997 Attest: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------- IMPERIAL BUSINESS CREDIT, INC. By: /s/ H. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ----------------------------- Name: H. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chairman Dated as of January 23, 1997 Attest: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------- IMPERIAL CREDIT ADVISORS, INC. By: /s/ H. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ----------------------------- Name: H. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chairman Dated as of January 23, 1997 Attest: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------- FRANCHISE MORTGAGE ACCEPTANCE CO. LLC By: /s/ H. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ----------------------------- Name: H. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chairman Dated as of January 23, 1997 Attest: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------- CHEMICAL TRUST COMPANY OF CALIFORNIA, as Trustee By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ----------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION ByAssistant Vice President Dated as of: /s/ ▇▇▇▇ ▇. January 23, 1997 Attest: ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT ??????? ------------------------- Exhibit A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to ________________ or registered assigns, the principal sum of ___________ Dollars on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.Security)
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 [Signatures on following page] SIGNATURES Dated as of April 6March 2, 1998 THE MUSICLAND GROUP, INC. - SBA COMMUNICATIONS CORPORATION By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ----------------------------------- Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Sr. Vice President By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ------------------------------------ ----------------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman President STATE STREET BANK ONE, NAAND TRUST COMPANY, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------ ----------------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of FOR THE PURPOSES OF SECTIONS 1272, 1273 AND 1275 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THIS SECURITY IS BEING ISSUED WITH ORIGINAL ISSUE DISCOUNT; FOR EACH $1,000 PRINCIPAL AMOUNT OF THIS SECURITY, THE ISSUE PRICE IS $558.50, THE AMOUNT OF ORIGINAL ISSUE DISCOUNT IS $1,041.50, THE ISSUE DATE IS MARCH 2, 1998 AND THE YIELD TO MATURITY IS 12% PER ANNUM. CUSIP/CINS 12% Senior Subordinated Note) 9_% Senior Subordinated Discount Notes due 2008 No. Principal Amount at Maturity $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. SBA COMMUNICATIONS CORPORATION promises to pay to , or registered assigns, the principal sum of on march 1, 2008. Interest Payment Dates: September 1 and March 1, commencing September 1, 2003 Record Dates: August 15 and February 15 Dated: SBA COMMUNICATIONS CORPORATION By: ___________________________________ or registered assigns, the principal sum of Name: Title: By: ___________________________________ Dollars on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated [Global] Notes referred to in the within-mentioned Indenture: Dated: ------------------------ STATE STREET BANK ONE, NAAND TRUST COMPANY, as Trustee By: ---------------------------------- (______________________________ Authorized Signatory A1-1 [Back of Note] 12% Senior Subordinated Note) 9_% Senior Subordinated Discount Notes due 2008
2008 [THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (1AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) This paragraph should be included only if the Senior Subordinated Note is issued in global formOR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.07 OF THE INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY.
] [THE SECURITY (OR ITS PREDECESSOR) EVIDENCED HEREBY WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER ▇▇▇▇▇▇▇ ▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), AND THE SECURITY EVIDENCED HEREBY MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM. EACH PURCHASER OF THE SECURITY EVIDENCED HEREBY IS HEREBY NOTIFIED THAT THE SELLER MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER. THE HOLDER OF THE SECURITY EVIDENCED HEREBY AGREES FOR THE BENEFIT OF THE COMPANY THAT (A) SUCH SECURITY MAY BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED, ONLY (1)(a) TO A PERSON WHO THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A, (b) IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT, (c) OUTSIDE THE UNITED STATES TO A FOREIGN PERSON IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 UNDER THE SECURITIES ACT OR (d) IN ACCORDANCE WITH ANOTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED UPON AN OPINION OF COUNSEL IF THE COMPANY SO REQUESTS), (2) TO THE COMPANY OR (3) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT AND, IN EACH CASE, IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (B) THE HOLDER WILL, AND EACH SUBSEQUENT HOLDER IS REQUIRED TO, NOTIFY ANY PURCHASER FROM IT OF THE SECURITY EVIDENCED HEREBY OF THE RESALE RESTRICTIONS SET FORTH IN (A) ABOVE.] Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Sba Communications Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6, 1998 THE MUSICLAND GROUP[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] SIGNATURES WHEELING ISLAND GAMING, INC. By: /s/ --------------------------------------------- Name: Scott L. Cooper Title: President GUARANTORS: WDRA FOOD SERV▇▇▇▇ , ▇▇▇. ▇▇: --------------------------------------------- Name: Scott L. Cooper Title: President WHEELING LAND DEVELOPMENT CO▇▇. ▇▇: --------------------------------------------- Name: Ronald A. Sultemeier Title: President U.S. BANK, N.A. as ▇▇▇▇▇▇▇ ------------------------------------ ▇▇: --------------------------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Frank P. Leslie Title: Vice President 101 89 EXHIBIT A-1 (A1 [Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 ] CUSIP 963129AA9 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to ________________ **$▇22,900,000** ------------ WHEELING ISLAND GAMING, INC.
10 1 8% Senior Notes due 2009 Issue Date: December 19, 2001 Wheeling Island Gaming, Inc., a Delaware corporation (the "COMPANY", which term includes any successor under this Indenture hereinafter referred to), for value received, promises to pay to CEDE & CO., or its registered assigns, the principal sum of ___________ Dollars ONE HUNDRED TWENTY TWO MILLION NINE HUNDRED THOUSAND DOLLARS ($122,900,000) on March December 15, 20082009. Interest Payment Dates: March June 15 and September 15 December 15, commencing June 15, 2002. Record Dates: March June 1 and September 1 THE MUSICLAND GROUPDecember 1. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) Capitalized terms used herein which further provisions shall for all purposes have the meanings assigned to them in the Indenture referred to below unless otherwise indicatedsame effect as if set forth at this place.
Appears in 1 contract
Sources: Indenture (Wdra Food Service Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table Table, and Headings headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture hereof, and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6July 15, 1998 THE MUSICLAND GROUP1993 JORDAN INDUSTRIES, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ [ILLEGIBLE] ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION ByAttest: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE[ILLEGIBLE] ----------------------------- [SEAL] Dated as of July 15, NA1993 FIRST TRUST NATIONAL ASSOCIATION, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ [ILLEGIBLE] ------------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ [ILLEGIBLE] Title: Vice President 101 [ILLEGIBLE] Attest: [ILLEGIBLE] ----------------------------- [SEAL] EXHIBIT A-1 A (Face of Senior Subordinated NoteSecurity) 9_% Senior Subordinated Notes due 2008 10 3/8% SENIOR NOTE DUE 2003 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP._____ $________ JORDAN INDUSTRIES, INC. promises to pay to _____________________________________________________________ or registered assigns, the principal sum of _________________________________ Dollars on March 15August 1, 2008. 2003 Interest Payment Dates: March 15 February 1 and September 15 August 1 Record Dates: March 1 January 15 and September 1 THE MUSICLAND GROUPJuly 15 Dated: Authenticated: FIRST TRUST NATIONAL ASSOCIATION, as Trustee JORDAN INDUSTRIES, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- ----------------------- -------------------- Authorized Signature OR By: -------------------------- as Authenticating Agent By: -------------------- Authorized Signature (SEAL) (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.Security)
Appears in 1 contract
Sources: Indenture (Jordan Industries Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 63 SIGNATURES Dated as of April 6August 22, 1998 2001 THE MUSICLAND GROUP, FINOVA GROUP INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Executive Vice President and Secretary THE BANK OF NEW YORK, as Trustee By: /s/ Van ▇. ▇▇▇▇▇ ------------------------------ Name: Van ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 A [FACE OF NOTE] 7.5% SENIOR SECURED NOTE MATURING 2009 WITH CONTINGENT INTEREST DUE 2016 CUSIP No. $ CUSIP NO317928 AA ▇ ▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇▇▇▇▇▇ --- --------------- No.___ $____________ THE MUSICLAND GROUP, FINOVA GROUP INC. promises to pay to ________________________ or its registered assigns, assigns the principal sum of _______________________ Dollars on March November 15, 20082009. Interest Payment Dates: March May 15 and September 15 Record November 15, commencing November 15, 2001. Reference Dates: March 1 and September 1 The fifth Business Day immediately preceding each Interest Payment Date. Additional provisions of this Note are set forth on the other side of this Note. Dated: ________ THE MUSICLAND GROUP, FINOVA GROUP INC. By: ------------------------------- ------------------------------ Name: Title: TRUSTEE'S CERTIFICATION OF AUTHENTICATION: This is one of the Senior Subordinated Notes referred to in the within-within mentioned Indenture: Dated: ------------------------ THE BANK ONE, NAOF NEW YORK, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) ------------------------------ Authorized Signatory [BACK OF NOTE] 7.5% SENIOR SECURED NOTE MATURING 2009 WITH CONTINGENT INTEREST DUE 2016 Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below (as defined below) unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Finova Group Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall will in no way modify or restrict any of the terms or provisions hereof. 100 SIGNATURES Dated as of April 6August 14, 1998 THE MUSICLAND GROUP2003 CALPINE CONSTRUCTION FINANCE COMPANY, INCL.P. By: /s/ ZAMIR RAUF ------------------------------------------ Name: Zamir Rauf Title: Vice President CCFC FINANCE CORP. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ZAMIR RAUF ------------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Zamir Rauf Title: CEO and Chairman MUSICLAND STORES CORPORATION Vice President CALPINE HERMISTON, LLC By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ZAMIR RAUF ------------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Zamir Rauf Title: CEO and Chairman BANK ONEVice President CPN HERMISTON, NALLC By: /s/ ZAMIR RAUF ------------------------------------------ Name: Zamir Rauf Title: Vice President HERMISTON POWER PARTNERSHIP By: /s/ ZAMIR RAUF ------------------------------------------ Name: Zamir Rauf Title: Vice President 84 WILMINGTON TRUST FSB, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ JAMES J. MCGINLEY ------------------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ James J. McGinley Title: Vice President 101 V.P. Schedule I SCHEDULE OF GUARANTORS The following schedule lists each Guarantor under this Indenture as of the date hereof: EXHIBIT A-1 (A1 [Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to ] ________________________________________________________________________________ CUSIP/CINS ____________ Second Priority Senior Secured Floating Rate Notes due 2011 No. ___ $____________ CALPINE CONSTRUCTION FINANCE COMPANY, L.P. CCFC FINANCE CORP. promises to pay to [CEDE & CO.] ------------ or registered assigns, the principal sum of ___________________________________________________________ Dollars on March 15August 26, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form2011.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Calpine Corp)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 [Signatures on following pages] Dated as of April 6May 22, 1998 THE MUSICLAND GROUP, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES L-3 COMMUNICATIONS CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ --------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman THE BANK ONE, NAOF NEW YORK, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ --------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 A (Face of Senior Subordinated Note) 9_% =============================================================================== CUSIP/CINS __________ 8 1/2% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. ___ $_________ L-3 COMMUNICATIONS CORPORATION promises to pay to __________________________________________________ or registered assigns, the principal sum of ________________________________________________ Dollars on March May 15, 2008. Interest Payment Dates: March 15 May 15, and September November 15 Record Dates: March May 1, and November 1 and September 1 THE MUSICLAND GROUPDated: _______________, INC. 199__ L-3 Communications Corporation By: ------------------------------- --------------------------- Name: Title: By: --------------------------- Name: Title: This is one of the Senior Subordinated [Global] Notes referred to in the within-within (SEAL) mentioned Indenture: Dated: ------------------------ THE BANK ONE, NAOF NEW YORK, as Trustee By: ---------------------------------- -------------------------------- =============================================================================== (Back of Senior Subordinated Note) 9_% )
8 1 2% Senior Subordinated Notes due 2008
2008 [THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (1AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (2I) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.07 OF THE INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY.]1 Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (L-3 Communications SPD Technologies Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 [Signatures on following pages] Dated as of April 6August 12, 1998 THE MUSICLAND GROUP2002 COMDISCO HOLDING COMPANY, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ -------------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION ByAttest: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ -------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUPCOMDISCO, INC. promises By: -------------------------------- Name: Title: Attest: -------------------------- Name: Title: WELLS FARGO BANK MINNESOTA, ▇▇TIONAL ASSOCIATIOn By: -------------------------------- Name: Title: Attest: --------------------------- Authorized Signatory: Date: SCHEDULE A SCHEDULED CASH RESERVE AMOUNT Date Aggregate Cash Reserve Amount September 30, 2002 $57,000,000.00 December 31, 2002 $55,000,000.00 March 31, 2003 $53,000,000.00 June 30, 2003 $51,000,000.00 September 30, 2003 $49,000,000.00 December 31, 2003 $47,000,000.00 March 31, 2004 $45,000,000.00 June 30, 2004 $43,000,000.00 EXHIBIT A [Face of Note] ------------------------------------------------------------------------------ CUSIP ____________ Variable Rate Senior Secured Notes due 2004 No. ___ $____________ COMDISCO HOLDING COMPANY, INC. and COMDISCO, INC. promise to pay to ____________________________________________________________ or registered assigns, the principal sum of $[400,000,000.00] on _________ ___, 2004. Interest Payment Dates: September 30, December 31, March 31 and June 30 Record Dates: September 15, December 15, March 15 and June 15 Dated: _______________, ____ COMDISCO HOLDING COMPANY, INC. COMDISCO, INC. By:____________________________ Dollars on March 15, 2008. Interest Payment DatesBy:________________________ Name: March 15 and September 15 Record DatesName: March 1 and September 1 THE MUSICLAND GROUP, INC. Title: Title: By:____________________________ By:________________________ Name: ------------------------------- Name: Title: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ WELLS FARGO BANK ONEMINNESOTA, NA, NATIONAL ASSOCIATIOn as Trustee By: ---------------------------------- (___________________________ Authorized Signatory ------------------------------------------------------------------------------ [Back of Note] Variable Rate Senior Subordinated Note) 9_% Senior Subordinated Secured Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form2004 [INSERT THE GLOBAL NOTE LEGEND, IF APPLICABLE, PURSUANT TO THE PROVISIONS OF THE INDENTURE.
(2) ] Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Comdisco Holding Co Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of in this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 76 SIGNATURES Dated as of April 6January 28, 1998 THE MUSICLAND GROUP2005 Coventry Health Care, INC. Inc. By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ ---------------------------------- Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONEChief Financial Officer Wachovia Bank, NANational Association, as Trustee By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ ---------------------------------- Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 77 ================================================================================ EXHIBIT A-1 A (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC. promises to pay to 6 1/8% SENIOR NOTES DUE 2015 CUSIP_____________ NO.___ $_____________ COVENTRY HEALTH CARE, INC. promises to pay to ______ or registered assigns, the principal sum of ___________ Dollars ($______________) on March January 15, 20082015. Interest Payment Dates: March January 15 and September 15 July 15, commencing July 15, 2005 Record Dates: March 1 ________ and September 1 THE MUSICLAND GROUP________. COVENTRY HEALTH CARE, INC. By:________________________ Name: ------------------------------- Title: By:________________________ Name: Title: This is one of the Senior Subordinated Global Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONEWachovia Bank, NANational Association, as Trustee By: ---------------------------------- :________________________ Authorized Signatory Dated ================================================================================ (Back of Note)
6 1 8% Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
2015 THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (1AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) This paragraph should be included only if the Senior Subordinated Note is issued in global formOR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO SECTION 2.06 OF THE INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY. UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR NOTES IN DEFINITIVE FORM, THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY (55 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇) ("▇▇▇"), TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR SUCH OTHER NAME AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR SUCH OTHER ENTITY AS MAY BE REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO.
, HAS AN INTEREST HEREIN. Private Placement Legend THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR THE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION. NEITHER THIS SECURITY NOR ANY INTEREST OR PARTICIPATION HEREIN MAY BE REOFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, SUCH REGISTRATION. THE HOLDER OF THIS SECURITY BY ITS ACCEPTANCE HEREOF AGREES TO OFFER, SELL OR OTHERWISE TRANSFER SUCH SECURITY, BEFORE THE DATE (THE "RESALE RESTRICTION TERMINATION DATE") WHICH IS TWO YEARS AFTER THE LATER OF THE ORIGINAL ISSUE DATE HEREOF AND THE LAST DATE ON WHICH THE COMPANY OR ANY AFFILIATE OF THE COMPANY WAS THE OWNER OF THIS SECURITY (OR ANY PREDECESSOR OF SUCH SECURITY), ONLY (A) TO THE COMPANY, (B) UNDER A REGISTRATION STATEMENT THAT HAS BEEN DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (C) FOR SO LONG AS THE SECURITIES ARE ELIGIBLE FOR RESALE UNDER RULE 144A UNDER THE SECURITIES ACT ("RULE 144A"), TO A PERSON IT REASONABLY BELIEVES IS A "QUALIFIED INSTITUTIONAL BUYER" AS DEFINED IN RULE 144A THAT PURCHASES FOR ITS OWN ACCOUNT OR FOR THE ACCOUNTS OF A QUALIFIED INSTITUTIONAL BUYER TO WHOM NOTICE IS GIVEN THAT THE TRANSFER IS BEING MADE IN RELIANCE ON RULE 144A, (D) UNDER OFFERS AND SALES THAT OCCUR OUTSIDE THE UNITED STATES WITHIN THE MEANING OF REGULATION S UNDER THE SECURITIES ACT, (E) TO AN "ACCREDITED INVESTOR" WITHIN THE MEANING OF RULE 501(a)(1), (2), (3) OR (7) UNDER THE SECURITIES ACT THAT IS AN INSTITUTIONAL ACCREDITED INVESTOR ACQUIRING THE SECURITY FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF SUCH AN INSTITUTIONAL ACCREDITED INVESTOR, IN EACH CASE IN A MINIMUM PRINCIPAL AMOUNT OF THE SECURITIES OF $250,000, FOR INVESTMENT PURPOSES AND NOT WITH A VIEW TO OR FOR OFFER OR SALE IN CONNECTION WITH ANY DISTRIBUTION IN VIOLATION OF THE SECURITIES ACT OR (F) UNDER ANY OTHER AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT, SUBJECT TO THE COMPANY'S AND THE TRUSTEE'S RIGHT BEFORE ANY SUCH OFFER, SALE OR TRANSFER UNDER CLAUSES (D), (E), OR (F) TO REQUIRE THE DELIVERY OF AN OPINION OF COUNSEL, CERTIFICATION AND/OR OTHER INFORMATION SATISFACTORY TO EACH OF THEM. THIS LEGEND WILL BE REMOVED UPON THE REQUEST OF THE HOLDER AFTER THE RESALE RESTRICTION TERMINATION DATE. Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Coventry Health Care Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 [SIGNATURE PAGE FOLLOWS] 77 SIGNATURES Dated as of April 6May 22, 1998 THE MUSICLAND GROUP, INC. By: /s/ ▇1997 ▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇PRESS, INC. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ------------------------------ ---------------------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face and Chief Executive Officer Dated as of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 NoMay 22, 1997 ▇▇▇ ▇▇▇▇▇▇▇▇ CORPORATION By: /s/ ▇▇▇▇▇▇ ▇. $ CUSIP NO▇▇▇▇▇▇▇▇ ---------------------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: President and Chief Executive Officer Dated as of May 22, 1997 MID-MISSOURI GRAPHICS, INC. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ---------------------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: President and Chief Executive Officer Dated as of May 22, 1997 ONE THOUSAND REALTY & INVESTMENT COMPANY By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ---------------------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: President and Chief Executive Officer Dated as of May 22, 1997 MARINE MIDLAND BANK, as trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, INC---------------------------------------- Name: ▇▇▇▇▇▇ ▇. promises to pay to __▇▇▇▇▇▇▇▇▇ Title: Corporate Trust Officer EXHIBIT A (Face of Note) 10 3/8% Senior Subordinated [Exchange] Notes due 2007
No. 1 $______________ CUSIP NO._________ ▇▇▇ ▇▇▇▇▇▇▇▇ PRESS, INC. promises to pay to Cede & Co. or registered assigns, the principal sum of ___________ Dollars on March May 15, 20082007. Interest Payment Dates: March May 15 and September November 15 Record Dates: March May 1 and September November 1 THE MUSICLAND GROUP▇▇▇ ▇▇▇▇▇▇▇▇ PRESS, INC. By: ------------------------------- ------------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: President and Chief Executive Officer By: ------------------------------------ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Dated: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NAMARINE MIDLAND BANK, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.------------------------------
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table Table, and Headings headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture hereof, and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6December 19, 1998 THE MUSICLAND GROUP, INC. By: /s/ 1996 ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES MEDIA CORPORATION By: /s/ /S/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------ ---------------------------------- Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face :Chief Financial Officer and Treasurer Dated as of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 NoDecember 19, 1996 ▇▇▇▇ COMMUNICATIONS, INC. $ CUSIP NO▇▇▇▇ MILLENNIUM MARKETING INC. BANNER RADIO SALES, INC. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUPRADIO SALES, INC. promises to pay to ______▇▇▇▇▇▇▇ RADIO SALES, INC. SELTEL INC. ▇▇▇▇ CABLE CORPORATION THE NATIONAL PAYROLL COMPANY, INC. By: /S/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ---------------------------------- Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title:Chief Financial Officer and Treasurer Dated as of December 19, 1996 AMERICAN STOCK TRANSFER & TRUST COMPANY as Trustee By: /S/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ---------------------------------- Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title:Vice President By: /S/ ▇▇▇▇▇ ▇▇▇▇▇▇ ---------------------------------- Name: ▇▇▇▇▇ Sliber Title:Assistant Secretary EXHIBIT A-1 (Face of Note)
10 1 2% Series [A/B] Senior Subordinated Note due 2007 No. $__________ CUSIP No. ▇▇▇▇ MEDIA CORPORATION promises to pay to or registered assigns, the principal sum of ___________ Dollars on March January 15, 20082007. Interest Payment Dates: March July 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUP, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global formJanuary 15.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Katz Media Group Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6July 21, 1998 THE MUSICLAND GROUP, INC. By: /s/ ▇▇▇▇ ▇. ▇▇2000 ZIFF ▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇MEDIA INC. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------ --------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 NoSVP & CFO ZIFF ▇▇▇▇▇ PUBLISHING HOLDINGS INC. $ CUSIP NOZIFF ▇▇▇▇▇ PUBLISHING INC. ZIFF ▇▇▇▇▇ INTERNET INC. ZIFF ▇▇▇▇▇ DEVELOPMENT INC. ETESTING LABS INC., as Guarantors By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: SVP & CFO BANKERS TRUST COMPANY, as Trustee By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP, --------------------------- Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory EXHIBIT A-1 ----------- [FORM OF GLOBAL NOTE] ZIFF ▇▇▇▇▇ MEDIA INC. 12% SENIOR SUBORDINATED NOTES DUE 2010 No. [ ] CUSIP: [ ] $[ ] ZIFF ▇▇▇▇▇ MEDIA INC., a corporation incorporated under the laws of the State of Delaware, promises to pay to ________________ CEDE & CO. or their registered assigns, the principal sum of ___________ [ ] Dollars on March 15July , 20082010. Interest Payment Dates: March January 15 and September 15 July 15, commencing January 15, 2001. Record Dates: March January 1 and September 1 THE MUSICLAND GROUPJuly 1. Reference is made to the further provisions of this Note contained herein, INC. By: ------------------------------- Name: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ BANK ONE, NA, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form.
(2) Capitalized terms used herein shall which will for all purposes have the meanings assigned to them in the Indenture referred to below unless otherwise indicatedsame effect as if set forth at this place.
Appears in 1 contract
Sources: Indenture (Etesting Labs Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 [Signatures on following page] SIGNATURES Dated as of April 6October 16, 1998 THE MUSICLAND GROUP2001 ALARIS MEDICAL SYSTEMS, INC. By: /s/ Stuart E. Rickerson ----------------------------- Name: Stuart E. Rickerson Ti▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 EXHIBIT A-1 (Face of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUPand General Counsel Dated as of October 16, 2001 HSBC BANK USA By: /s/ Harriet Drandoff ----------------------------- Name: Harriet Drandoff Title: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇natory S-1 EXHIBIT A (Face of Note) 11 5/8% Series A/B Senior Secured Notes due 2006 No. $______________ CUSIP NO. _____________ ALARIS MEDICAL SYSTEMS, INC. promises to pay to _____________________________________ or registered assigns, the principal sum of ___________ Dollars $________, as increased or decreased as set forth on March 15the schedule hereto, 2008on December 1, 2006. Interest Payment Dates: March 15 June 1 and September 15 December 1, of each year, commencing June 1, 2002. Record Dates: March 1 May 15 and September 1 THE MUSICLAND GROUPNovember 15 Dated: __________, 2001 ALARIS MEDICAL SYSTEMS, INC. By: ------------------------------- -------------------------------------- Name: Title: By: -------------------------------------- Name: Title: Trustee's Certificate of Authentication This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ HSBC BANK ONE, NAUSA, as Trustee By: ---------------------------------- _____________________________ Authorized Signatory (Back of Senior Subordinated Note) 9_% 11 5/8% Series A/B Senior Subordinated Secured Notes due 20082006 UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION ("DTC"), TO ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO., OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO., OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL, INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.
(1) THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR ANY STATE SECURITIES LAWS. NEITHER THIS SECURITY NOR ANY INTEREST OR PARTICIPATION HEREIN MAY BE OFFERED, SOLD, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF, IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, REGISTRATION. THE HOLDER OF THIS SECURITY BY ITS ACCEPTANCE HEREOF AGREES TO (A) OFFER, SELL, PLEDGE, OR OTHERWISE TRANSFER THIS SECURITY ONLY (1) TO ALARIS, (2) PURSUANT TO A REGISTRATION STATEMENT WHICH HAS BEEN DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (3) TO A PERSON IT REASONABLY BELIEVES IS A "QUALI-
(1) This paragraph pargraph should be included only if the Senior Subordinated Note is issued in global form.
. FIED INSTITUTIONAL BUYER" AS DEFINED IN RULE 144A IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A, (4) PURSUANT TO OFFERS AND SALES TO NON-U.S. PERSONS THAT OCCUR OUTSIDE THE UNITED STATES IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 904 UNDER THE SECURITIES ACT, (5) TO AN INSTITUTIONAL "ACCREDITED INVESTOR" WITHIN THE MEANING OF SUBPARAGRAPH (a)(1), (2), (3) or (7) OF RULE 501 UNDER THE SECURITIES ACT IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144 UNDER THE SECURITIES ACT, OR (6) PURSUANT TO ANY OTHER AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT (AND BASED ON AN OPINION OF COUNSEL IF ALARIS SO REQUESTS), SUBJECT IN EACH OF THE FOREGOING CASES TO APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND (B) THAT IT WILL, AND EACH SUBSEQUENT HOLDER IS REQUIRED TO, NOTIFY ANY PURCHASER FROM IT OF THE SECURITY EVIDENCED HEREBY OF THE RESALE RESTRICTIONS SET FORTH IN (A) ABOVE. Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 SIGNATURES Dated as of April 6August ___, 1998 THE MUSICLAND GROUP2002 [REORGANIZED COMDISCO, INC. .] By: /s/ ▇▇▇▇ ▇. ▇▇---------------------------- Name: Title: Attest: ---------------------------- Name: Title: [NEW LEASING CO., INC.] By: ---------------------------- Name: Title: Attest: ---------------------------- Name: Title: ▇▇▇▇▇ ------------------------------------ FARGO BANK MINNESOTA, NATIONAL ASSOCIATION By: ---------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO Attest: ---------------------------- Authorized Signatory: Date: Schedule A-1 SCHEDULE A SCHEDULED CASH RESERVE AMOUNT Date Aggregate Cash Reserve Amount ---- ----------------------------- September 30, 2002 $57,000,000.00 December 31, 2002 $55,000,000.00 March 31, 2003 $53,000,000.00 June 30, 2003 $51,000,000.00 September 30, 2003 $49,000,000.00 December 31, 2003 $47,000,000.00 March 31, 2004 $45,000,000.00 June 30, 2004 and Chairman MUSICLAND STORES CORPORATION By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONE, NA, as Trustee By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 thereafter $43,000,000.00 EXHIBIT A Exhibit A-1 ([Face of Senior Note] ------------------------------------------------------------------------------- CUSIP ________ 11% Subordinated Note) 9_% Senior Subordinated Secured Notes due 2008 2005 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP___ $________ [REORGANIZED COMDISCO, INC. promises .] and [NEW LEASING CO., INC.] promise to pay to ----------------------------------------------------- or registered assigns, the principal sum of [$500,000,000.00] on _________ ___, 2005. Interest Payment Dates: September 30, December 31, March 31 and June 30 Record Dates: September 15, December 15, March 15 and June 15 Dated: _______________, ____ [REORGANIZED COMDISCO, INC.] [NEW LEASING CO., INC.] By:____________________________ or registered assigns, the principal sum of By:____________________________ Dollars on March 15, 2008. Interest Payment DatesName: March 15 and September 15 Record DatesName: March 1 and September 1 THE MUSICLAND GROUP, INC. Title: Title: By:____________________________ By:____________________________ Name: ------------------------------- Name: Title: Title: This is one of the Senior Subordinated Notes referred to in the within-mentioned Indenture: Dated: ------------------------ ▇▇▇▇▇ FARGO BANK ONEMINNESOTA, NA, NATIONAL ASSOCIATION as Trustee By: ---------------------------------- (___________________________ Authorized Signatory -------------------------------------------------------------------------------- [Back of Senior Note] 11% Subordinated Note) 9_% Senior Subordinated Secured Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form2005 [INSERT THE GLOBAL NOTE LEGEND, IF APPLICABLE, PURSUANT TO THE PROVISIONS OF THE INDENTURE.
(2) ] Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract
Sources: Indenture (Comdisco Inc)
Table of Contents, Headings, etc. The Table of Contents, Cross-Reference Table and Headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part of this Indenture and shall in no way modify or restrict any of the terms or provisions hereof. 100 Dated as of April 6January 1, 1998 THE MUSICLAND GROUP2002 ASSISTED LIVING CONCEPTS, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ --------------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman MUSICLAND STORES CORPORATION Attest: -------------------------------- Name: Title: CARRIAGE HOUSE ASSISTED LIVING, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------------ --------------------------------- Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: CEO and Chairman BANK ONEAttest: -------------------------------- Name: Title: HOME AND COMMUNITY CARE, NA, as Trustee INC. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------ --------------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 101 Attest: --------------------------------- Name: Title: 80 ALC INDIANA, INC. By: --------------------------------- Name: Title: Attest: --------------------------------- Name: Title: BNY MIDWEST TRUST COMPANY By: --------------------------------- Name: Title: Attest: ---------------------------------- Authorized Signatory Date: EXHIBIT A-1 (A -------------------------------------------------------------------------------- [Face of Senior Subordinated Note) 9_% Senior Subordinated ] CUSIP/CINS ____________ 10% Junior Secured Notes due 2008 2012 No. $ CUSIP NO. ▇▇▇▇▇▇▇▇▇ --- --------------- THE MUSICLAND GROUP___ $____________ ASSISTED LIVING CONCEPTS, INC. promises to pay to to______________________________________________________________ or registered assigns, the principal sum of ___________ Dollars on March 15$15,250,000, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 THE MUSICLAND GROUPless any principal amount, INC. By: ------------------------------- Name: Title: This is one of if any, then subject to the Senior Subordinated Notes referred to Reserve (as defined in the within-mentioned Indenture: Dated: ------------------------ BANK ONEPlan), NAplus any amounts of interest that are capitalized in accordance with paragraph 1 of this Note on January 1, as Trustee By: ---------------------------------- (Back of Senior Subordinated Note) 9_% Senior Subordinated Notes due 2008
(1) This paragraph should be included only if the Senior Subordinated Note is issued in global form2012.
(2) Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.
Appears in 1 contract