Additional New Notes definition
Examples of Additional New Notes in a sentence
The definition of Beneficial Ownership Limitation contained in paragraph 2(e) of the Warrants issued to FF Vitality Purchaser in connection with the issuance of the Additional New Notes shall be amended and restated to mean “The “Beneficial Ownership Limitation” shall be 4.99% of the number of shares of the Common Stock outstanding immediately after giving effect to the issuance of shares of Common Stock issuable upon the exercise of this Warrant.
Capitalized terms used in this Section 5(c) that are not otherwise defined herein shall have the meanings ascribed to such terms in the Additional New Notes Pledge Agreement.
The Company will authorize the issuance of $106,586,333.79 aggregate principal amount of its 9.66% Senior Notes due February 14, 2017 (the “New Notes”), such term to include any Additional New Notes, and any such notes issued in substitution therefor pursuant to Section 13 of this Agreement).
After the Closing, the Company may issue, subject to the terms of the indenture for the New Notes, an unlimited amount of New Notes (the "Additional New Notes"), to one or more holders of Outstanding Debentures (the "Additional Holders").
At any time prior to June 30, 2011, Hilltop may purchase, at Hilltop’s option, Additional New Notes and related Additional Warrants by delivering a written notice to the Company (the “Additional Closing Notice”) at least three business days prior to the Additional Closing Date set forth in the Additional Closing Notice.
In such event, the Company shall cause the assets pledged under the Additional New Notes Pledge Agreement to be pledged pursuant to the Collateral Documents securing the New Notes.
The obligation of the FF Vitality Purchaser to fund amounts under the Additional New Notes on each Funding Date shall be subject solely to the satisfaction or waiver the Closing Conditions (as defined in the Additional New Note and amended hereby).
The New Notes issued on the date hereof and any Additional New Notes shall be treated as a single series for all purposes under this Agreement; provided that the Company may use different CUSIP or other similar numbers among New Notes issued on the date hereof and among Additional New Notes to the extent required to comply with securities or tax law requirements.
The provisions of the Additional New Notes Indenture, the Additional New Notes and the other Escrowed Documents shall not become effective or enforceable until the date such Additional New Notes Indenture, the Additional New Notes and the other Escrowed Documents are released pursuant to Section 2 of this Escrow Agreement.
All Additional New Notes shall be deemed to be “New Notes” for all purposes of the Financing Documents.