Existing Secured Note definition
Examples of Existing Secured Note in a sentence
The indebtedness evidenced by the Existing Secured Note is continuing indebtedness and nothing contained herein shall be deemed to constitute payment, settlement or a novation of the Existing Secured Note.
The Holder Representative agrees on behalf of the holders of the Notes not to seek to challenge, to avoid, to subordinate or to contest or directly or indirectly to support any other Person in challenging, avoiding, subordinating or contesting in any judicial or other proceeding, including, without limitation, any Proceeding involving the Company, the priority, validity, extent, perfection or enforceability of any lien held by the Existing Secured Note Holder or Summit in all or any part of the Collateral.
The Holder Representative acknowledges and agrees that the security interest granted to it in the Collateral for the benefit of the holders of the Notes is subordinated to the respective security interests of the Existing Secured Note Holder and Summit in the Collateral (to the extent that a security interest in the Collateral has been granted to such Person) in the manner and pursuant to the terms set forth in this Section 9.
A supplemental indenture to the Existing Secured Note Indenture shall be executed by the Trustee, the Company and the other parties thereto promptly after the requisite consents for the Proposed Amendments under the Existing Secured Indenture are received, but the Proposed Amendments shall not be operative until a Secured Exchange Settlement Date has occurred.
The Holder Representative acknowledges that the Existing Secured Note Holder has been granted a security interest in the Collateral and that Summit has been granted a security interest in a portion of the Collateral.
It is a requirement of the Existing Secured Note, the New Secured Notes and of the Summit Consent Letter that the liens or security interests securing the Notes be subordinate and junior to the liens and security interests securing the Indebtedness of the Company in respect of the Existing Secured Note, the New Secured Notes and the Summit Debt, respectively.
The Holder Representative agrees promptly to execute and deliver to the Company, the Existing Secured Note Holder or Summit (as applicable) such termination statements, releases and other documents as the Existing Secured Note Holder or Summit (as applicable) may reasonably require to effectively confirm such release.
It is a requirement of the Existing Secured Note and of the Summit Consent Letter that the liens or security interests securing the Notes be subordinate and junior to the liens and security interests securing the Indebtedness of the Company in respect of the Existing Secured Note and the Summit Debt, respectively.
This Note amends and restates that certain Secured Promissory Note issued January 19, 1999 by the Borrower to the Payee (the "Existing Secured Note") and shall be in substitution for and replacement of the Existing Secured Note.
This Note amends and restates that certain Secured Promissory Note issued January 20, 2000 by the Borrower to the Payee (the "Existing Secured Note") and shall be in substitution for and replacement of the Existing Secured Note.