Initial Series A Notes definition
Examples of Initial Series A Notes in a sentence
The Initial Series A Notes and Exchange Series A Notes together with the Initial Series B Notes and any Exchange Series B Notes are treated as a single class of securities under the Indenture.
The Initial Notes shall be issued on the Initial Closing Date and shall consist of the Initial Series A Notes, the Initial Series B Notes and the Initial Series C Notes.
The Initial Notes shall be issued on the Initial Closing Date and shall consist of the Initial Series A Notes and the Initial Series B Notes.
The Additional Series A Notes shall be a part of the Series A Notes, together with the Initial Series A Notes, and the Initial Series A Notes and the Additional Series A Notes shall be a single class for all purposes of the Indenture, as supplemented and amended by this Supplemental Indenture No. 2.
The Series A Notes include the Initial Series A Notes (as defined in the Indenture) (as increased by any Series A PIK Interest (as defined in the Indenture)) and any Additional Notes of this Series (the “Additional Series A Notes”).
Series A Notes in the aggregate principal amount of up to $247,250,000 may from time to time, upon execution of this Supplemental Indenture No. 2, be executed by the Company and delivered to the Trustee for authentication and delivery, and, upon Company Order, the Trustee shall thereupon authenticate and deliver said Series A Notes to the Holders of, and in exchange for a like principal amount of, Outstanding Initial Series A Notes.
The Company has elected, pursuant to Section 2.02 of Supplemental Indenture No. 1, to extend the Maturity Date (as defined in Section 2.02 of Supplemental Indenture No. 1) of the Initial Series A Notes in connection with the Successful Remarketing and the Company desires to specify such extension of the Maturity Date in this Supplemental Indenture No. 2 and in the form of the Series A Notes.
The date of issue of the Initial Series A Notes will be the Closing Date.
The Initial Series A Notes and any Additional Series A Notes are treated as a single class of securities for all purposes under the Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Series A Notes are not fungible with the Initial Series A Notes for U.S. Federal income tax purposes, the Additional Series A Notes will have a separate CUSIP number, if applicable.
Both Parties consent to jurisdiction under the state and federal courts within the state of New York.