2019 Notes Clause Samples
The "2019 Notes" clause defines and identifies a specific set of debt securities issued in the year 2019, typically by the company or entity party to the agreement. This clause clarifies the terms, maturity, and obligations associated with these notes, distinguishing them from other financial instruments or notes issued at different times. By specifying the 2019 Notes, the clause ensures that all parties are clear about which securities are being referenced, thereby preventing confusion and facilitating accurate compliance with the agreement's terms.
2019 Notes. Pursuant to Section 2.01 of the Base Indenture, the terms and provisions of the 2019 Notes are as follows:
(a) The title of the 2019 Notes shall be “3.480% First Lien Notes due 2019.”
(b) The 2019 Notes shall be initially limited to $3,750,000,000 aggregate principal amount. Subject to compliance with Section 4.12 of the Base Indenture, the Issuers may, without the consent of the Holders of the 2019 Notes, increase such aggregate principal amount in the future, on the same terms and conditions, except for any differences in the issue date, issue price and, if applicable, the first Interest Payment Date and the first date from which interest will accrue. The 2019 Notes issued originally hereunder and any additional Notes of such series subsequently issued, shall be treated as a single class for purposes of the Indenture, including waivers, amendments, redemptions and offers to purchase; provided that if any such additional Notes are not fungible with the Initial Notes of such series for U.S. federal income tax purposes, such additional Notes of such series will have a separate CUSIP number and ISIN number from the Initial Notes of such series.
(c) The price at which the 2019 Notes shall be issued to the public is 99.975%.
(d) The Stated Maturity for the 2019 Notes shall be on June 1, 2019. The 2019 Notes shall not require any principal or premium payments prior to the Stated Maturity.
(e) The rate at which the 2019 Notes shall bear interest shall be 3.480% per annum (the “Original Interest Rate”), as set forth in Section 1 of the form of 2019 Note attached hereto as Exhibit A, subject to adjustment pursuant to this clause (e) and in Section 2 of the form of 2019 Note attached hereto as Exhibit A. Interest on the 2019 Notes shall accrue from the most recent date to which interest has been paid, or, if no interest has been paid, from June 1, 2016; provided that the first Interest Payment Date shall be December 1, 2016. Each June 1 and December 1 in each year, commencing December 1, 2016, shall be an Interest Payment Date for the 2019 Notes. The May 15 or November 15 (whether or not a Business Day), as the case may be, immediately preceding an Interest Payment Date shall be the Record Date for the interest payable on such Interest Payment Date, even if such 2019 Notes are canceled after such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the Base Indenture with respect to defaulted interest. If an Interest Paymen...
2019 Notes. The term “
2019 Notes. The Purchaser has good and marketable title to the Repurchased Notes, free and clear of all Liens or restrictions.
2019 Notes. SECTION 101.
2019 Notes. On March 6, 2012, we and U.S. Bank National Association (the “Trustee”) entered into an indenture (the “Base Indenture”). On April 17, 2012, we and the Trustee entered into the First Supplemental Indenture to the Base Indenture (the “First Supplemental Indenture”), dated April 17, 2012, relating to our issuance, offer and sale of $43.0 million aggregate principal amount of 7.00% senior notes due 2019 (the “April 2019 Notes”). The sale of the April 2019 Notes generated net proceeds, before expenses, of approximately $41.7 million. On September 24, 2012, we and the Trustee, entered into the Second Supplemental Indenture to the Base Indenture (the “Second Supplemental Indenture”), dated as of September 24, 2012, relating to our issuance, offer and sale of $75.0 million aggregate principal amount of 7.00% senior notes due 2019 (the “September 2019 Notes” and, together with the April 2019 Notes, the “2019 Notes”). The sale of the September 2019 Notes generated net proceeds, before expenses, of approximately $72.75 million.