Tranche D Notes definition
Examples of Tranche D Notes in a sentence
For the avoidance of doubt, the Tranche B Loans shall be evidenced by the Tranche B Notes, the Tranche C Loans shall be evidenced by the Tranche C Notes, the Tranche D Loans shall be evidenced by the Tranche D Notes and the Tranche E Loans shall be evidenced by the Tranche E Notes.
Such portion shall be adjusted upward ratably in the event a Purchaser no longer holds any Tranche C or Tranche D Notes or Warrants issued after the date of the Purchase Agreement and the amount of shares issued to such Purchaser pursuant to such Tranche C and Tranche D Notes and Warrants was less than such Purchaser’s pro rata share of the Issuable Maximum.
Each Tranche D Lender may, at its option, purchase either Tranche D Notes or Tranche D Participations in Tranche D Notes purchased by the Initial Purchaser in fulfillment of such Tranche D Lender's respective Tranche D Commitment, subject to the provisions of Section 2.01(i).
If, on the Third Supplement Closing Date, the Issuer shall fail to tender such Tranche D Notes to any Holder as provided above in this Section 2, or any of the conditions specified in Section 3 shall not have been fulfilled to any Holder’s satisfaction or otherwise waived by the Holders, such Holder shall, at such Holder’s election, be relieved of all further obligations under this Third Supplement, without thereby waiving any rights such Holder may have by reason of such failure or such nonfulfillment.
The consummation of an Exchange shall reduce Senyun’s optionality for Tranche D Notes and/or Additional Notes, as applicable, under the Secured SPA or Securities Purchase Agreement, respectively, as applicable, for such corresponding Exchanging Amount and restore such optionality for the Tranche B Notes in accordance with the terms of the Secured SPA in effect as of the date hereof.