#Undertale but the fourth and second notes are swapped full#
Save for the revision of the above clause, all other terms of the Second Notes Facility Agreement remain unchanged and in full force and effect.Ģ008 Notes means the 4.25% Convertible Senior Notes due 2008 issued by NNC and guaranteed by NNL pursuant to the 2001 Indenture.Ģ014 Notes means (i) the 4.850% Senior Secured Notes due 2024 issued by the Issuer on Maand (ii) the 4.45% Senior Secured Notes due 2025 and the 5.45% Senior Secured Notes due 2034 issued by the Issuer on August 21, 2014. The Company’s representations and warranties are qualified in their entirety by reference to such conflict described herein and in Section 4(c) of the Second Notes Amendment and by any other breach of, or conflict with, the 5% Minimum Requirement.Īt least 115% of the number of shares of Common Stock necessary to satisfy all of the Company's obligations pursuant to the First Notes and Second Notes have been duly authorized and reserved for issuance upon conversion of the Notes.Įlan is the beneficial owner of 11,114,736 shares of Common Stock, or approximately 19.8%, of the outstanding shares of Common Stock (based upon the outstanding shares of Common Stock as of October 31, 1999, the shares of Common Stock issuable upon conversion of the Initial Notes, the Second Notes, the Third Notes and the Fourth Notes). The First Notes, the Second Notes, the Third Notes and the Fourth Notes shall be replaced in their entirety with amended notes in the form attached hereto as Exhibit G. The Mortgagor represents and warrants that it will receive substantial benefit as a result of the execution, delivery, and performance of the Second Priority Indenture, the Second Notes and the Collateral Documents. The First Notes, the Second Notes, the Third Notes and the Fourth Notes shall be referred to herein collectively as the “Notes”. The obligations of the Mortgagor contained in this Section 2.5 shall survive the termination hereof and the discharge of the Mortgagor's other obligations under this Mortgage and the Second Priority Indenture, the Second Notes and the Collateral Documents.
The Mortgagor shall pay as and when the same shall become due, whether at its stated maturity, by acceleration or otherwise, each and every amount payable by the Mortgagor under the Second Priority Indenture, the Second Notes and the Collateral Documents.
Subject to the satisfaction (or waiver) of the conditions set forth in Sections 1(c), 6(b) and 7(b) below, the Company shall issue and sell to each Buyer, and each Buyer severally agrees to purchase from the Company, the Second Notes, each in the principal amount as set forth opposite such Buyer's name on the Schedule of Buyers (the "SECOND CLOSING").
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