Holder means the Initial Holder and any other Person that shall have become a holder of any of the Notes pursuant to an assignment made in accordance with the terms of the Notes.
Indebtedness of any Person means, (a) all obligations of such Person for borrowed money, including Indebtedness under this Agreement or with respect to deposits or advances of any kind, (b) all obligations of such Person evidenced by bonds, debentures, notes or similar instruments, (c) all obligations of such Person upon which interest charges are customarily paid, (d) all obligations of such Person under conditional sale or other title retention agreements relating to property or assets purchased by such Person, (e) all obligations of such Person issued or assumed as the deferred purchase price of property or services, (f) all Indebtedness of others secured by (or for which the holder of such Indebtedness has an existing right, contingent or otherwise, to be secured by) any lien on property owned or acquired by such Person, whether or not the obligations secured thereby have been assumed, (g) all guarantees by such Person of Indebtedness of others, (h) all capital lease obligations of such Person, and (i) all securities or other similar instruments convertible or exchangeable into any of the foregoing, but excluding (1) operating leases and (2) daily cash overdrafts associated with routine cash operations.
Initial Holder has the meaning assigned to such term in the preamble hereto.
Interest Rate means (i) with respect to the Series A Notes, 6.55%, (ii) with respect to the Series B Notes, 6.65% and (iii) with respect to the Series C Notes, 6.75%, in each case, such interest to be computed on the basis of a 365-day year, and paid for the actual number of days elapsed.
IPO shall mean an initial public offering of the common stock of Krispy Kreme HoldCo, Inc., a corporation organized under the laws of the State of Delaware (or any successor thereof), on Form S-1 (or any equivalent or successor form).
Issuer has the meaning assigned to such term in the preamble hereto.
Laws shall mean all United States and foreign federal, state or local statutes, laws, rules, regulations, ordinances, codes, policies, rules of common law and the like, now or hereafter in effect (including, without limitation, any judicial or administrative interpretations thereof, and any judicial or administrative orders, consents, decrees or judgments).
Loan has the meaning assigned to such term in the preamble hereto.
Maturity Date means with respect to the Series A Notes, October 20, 2027, with respect to the Series B Notes, October 20, 2028 and with respect to the Series C Notes, October 20, 2029.
Notes has the meaning assigned to such term in the preamble hereto.
Note Documents means, collectively, this Agreement, the Notes and, when executed, each document executed by the Issuer or any Holder in connection with or pursuant to any of the foregoing or the Obligations, together with any modification of any term, or any waiver with respect to, any of the foregoing.