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Contract analysis / indenture-execution-version.docx
indenture-execution-version.docx
High · 1
Medium · 2
Standard · 5
ARTICLE I — DEFINITIONS AND INTERPRETATION
ARTICLE I — DEFINITIONS AND INTERPRETATION
Section 1.01 — Definitions
High
⚑ Penalty / liquidated damages
Section 1.01 — Definitions As used in this Indenture, the following terms shall have the meanings set forth below. Unless otherwise specified, all capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in this Section 1.01. "Account Bank" means Havenwood Bank, N.A., a national banking association, with its principal office at 227 West Monroe Street, Chicago, Illinois 60606, o
Section 1.02 — Rules of Construction
Standard
⚑ Commercial term
Section 1.02 — Rules of Construction (a) Unless the context otherwise requires, (i) words in the singular include the plural and words in the plural include the singular, (ii) words importing a gender include all genders, (iii) the terms "herein," "hereof," "hereunder," and words of similar import refer to this Indenture as a whole and not to any particular Article, Section, Schedule, or Exhibit hereof, (iv) referenc
Section 1.03 — Computation of Time Periods
Section 1.03 — Computation of Time Periods (a) Except as otherwise expressly provided herein, whenever any action is required to be taken, or any notice is required to be given, on or by a particular day and such day is not a Business Day, then such action may be taken, or such notice may be given, on the next succeeding Business Day with the same force and effect as if taken or given on the required day. (b) With re
Section 1.04 — SOFR Determination and Fallback
Standard
⚑ Commercial term
Section 1.04 — SOFR Determination and Fallback (a) Determination of Compounded SOFR. For each Accrual Period, the Compounded SOFR rate applicable to each class of Rated Notes shall be determined by the Trustee (or such other calculation agent as may be appointed by the Issuer with the consent of the Trustee) in accordance with the following provisions: (i) Compounded SOFR shall be determined on the basis of the daily
Section 2.01 — Designation, Amount, and Terms of the Notes
Standard
⚑ Commercial term
Section 2.01 — Designation, Amount, and Terms of the Notes (a) The Co-Issuers have authorized the issuance of the following classes of Notes in an aggregate principal amount of $400,000,000: (b) The Class A-1 Notes have been assigned CUSIP G2694LAA7 (Regulation S) and ISIN US26738TAA51 (Rule 144A). (c) The Rated Notes comprise the Class A-1 Notes, the Class A-2 Notes, the Class B Notes, the Class C Notes, and the Cla
Section 2.02 — Form and Dating
Medium
⚑ Notice / time limit to track
Section 2.02 — Form and Dating (a) Global Notes. The Notes of each class initially shall be issued in the form of one or more global notes (each, a "Global Note"), in fully registered form, registered in the name of Cede & Co., as nominee of DTC, and deposited with, or on behalf of, DTC. Transfers of beneficial interests in any Global Note shall be effected through the book-entry system maintained by DTC (and, in the
Section 2.03 — Execution, Authentication, and Delivery
Standard
⚑ Commercial term
Section 2.03 — Execution, Authentication, and Delivery (a) The Notes shall be executed on behalf of the Co-Issuers by the manual or facsimile signature of an authorized signatory of the Issuer and an authorized signatory of the Co-Issuer. The signature of any person that was authorized at the time of execution shall be valid and effective notwithstanding that such person may have ceased to hold such office prior to t
Section 2.04 — Denominations
Section 2.04 — Denominations (a) Each class of Rated Notes shall be issuable only in minimum denominations of $250,000 and integral multiples of $1,000 in excess thereof. No Rated Note may be issued, transferred, or exchanged in a denomination less than the applicable minimum denomination. (b) The Subordinated Notes shall be issuable only in minimum denominations of $250,000 and integral multiples of $1 in excess the
Section 2.05 — Note Registrar and Paying Agent
Medium
⚑ Notice / time limit to track
Section 2.05 — Note Registrar and Paying Agent (a) Ironclad Trust Company, N.A. is hereby appointed as the initial Note Registrar, Paying Agent, and Transfer Agent under this Indenture. The Note Registrar shall maintain at its office a register (the "Note Register") in which, subject to such reasonable regulations as it may prescribe, the Note Registrar shall record (i) the names and addresses of the Holders of all N
Section 2.06 — Registration of Transfer and Exchange
Standard
⚑ Commercial term
Section 2.06 — Registration of Transfer and Exchange (a) General. Upon surrender of any Note for registration of transfer or exchange at the office of the Note Registrar, and compliance with the provisions of this Section 2.06, the Co-Issuers shall execute and the Trustee shall authenticate and deliver one or more new Notes of the same class and aggregate principal amount, registered in the name of the designated tra