Add On Notes Sample Clauses
Add On Notes. (a) The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional notes (“Add On Notes”) having terms and conditions identical to those of Outstanding Notes issued under this Indenture, except that Add On Notes:
(i) may have a different issue date from such other Outstanding Notes;
(ii) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on such other Outstanding Notes; and
(iii) may have terms specified in the Add On Note Board Resolution or Add On Note Supplemental Indenture for such Add On Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions), applicable to such Add On Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) which are not adverse in any material respect to the Holder of any such Outstanding Notes (other than such Add On Notes) and which shall not affect the rights or duties of the Trustee.
(b) In authenticating any Add On Notes, and accepting the additional responsibilities under this Indenture in relation to such Add On Notes, the Trustee shall be provided with, and shall be fully protected in relying upon:
(i) Company Order;
(ii) the Add On Note Board Resolutions or Add On Note Supplemental Indenture relating thereto;
(iii) an Officers’ Certificate with respect to the Company complying with Section 12.4; and
(iv) an Opinion of Counsel for the Company complying with Section 12.4 stating,
(A) that the forms of such Notes have been established by or pursuant to Add On Note Board Resolutions or by an Add On Note Supplemental Indenture, as permitted by this Section 2.11 and in conformity with the provisions of this Indenture;
(B) the terms of such Notes have been established by or pursuant to Add On Note Board Resolutions or by an Add On Note Supplemental Indenture, as permitted by this Section 2.11 and in conformity with the provisions of this Indenture;
(C) that such Notes, when authenticated and delivered by the Trustee and issued by the Company in the manner and subject to any customary conditions specified in such Opinion of Counsel, will constitute valid and legally binding obligations of the Company and the Guarantor entitled to the benefits provided in the Indenture, enforceable in accordance with their respective terms, except to the...
Add On Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including Article Four), without the consent of the Holders, create and issue pursuant to this Indenture additional notes (“Add On Notes”) having terms and conditions identical to those of the other outstanding Notes, except that Add On Notes:
(i) may have a different issue date from other outstanding Notes;
(ii) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on other outstanding Notes; and
(iii) may have terms specified in the Add On Note Board Resolution or Add On Note Supplemental Indenture for such Add On Notes making appropriate adjustments to this Article 3 and Exhibit A (and related definitions) applicable to such Add On Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Add On Notes, which are not adverse in any material respect to the Holder of any outstanding Notes (other than such Add On Notes).
Add On Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without the consent of the Holders, create and issue pursuant to this Indenture an unlimited principal amount of Add On Notes having terms and conditions set forth in Exhibit A identical to those of the other Outstanding Notes, except that Add On Notes:
(i) may have a different issue date from other Outstanding Notes;
(ii) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on other Outstanding Notes;
(iii) may have terms specified in the Add On Note Board Resolution or Add On Note Supplemental Indenture for such Add On Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Add On Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Add On Notes, which are not adverse in any material respect to the Holder of any Outstanding Notes (other than such Add On Notes); and
(iv) may be entitled to additional interest or liquidated damages as provided in Section 2.14 not applicable to other Outstanding Notes and may not be entitled to such additional interest or liquidated damages applicable to other Outstanding Notes.
Add On Notes. Unless otherwise provided pursuant to Section 3.01, the Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional notes ("Add On Notes") having terms and conditions identical to those of any other series of Outstanding Securities issued under this Indenture, except that Add On Notes:
(1) may have a different issue date from such other series of Outstanding Securities;
(2) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on such other series of Outstanding Securities;
(3) may have terms specified pursuant to the Board Resolution or other document evidencing an Authorization or in a supplemental indenture for such Add On Notes making appropriate adjustments to the terms of this Indenture applicable to such Add On Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any Registration Rights Agreement applicable to such Add On Notes, which are not adverse in any material respect to the Holder of any such series of Outstanding Securities (other than such Add On Notes); and
(4) may be entitled to Step-Up interest not applicable to such other series of Outstanding Securities and may not be entitled to such Step-Up interest applicable to such other series of Outstanding Securities.
Add On Notes. The Issuers may, from time to time, ------------ subject to compliance with any other applicable provisions of this Indenture (including but not limited to Section 3.9), without the consent of the Holders, ----------- create and issue pursuant to this Indenture additional notes having terms and conditions identical to those of the Notes except for issue date ("Add On ------ Notes") (or the same except for the payment of interest accruing prior to the ----- issue date of such Add On Notes or except for the first payment of interest following the issue date of such Add On Notes and as provided in the following sentence), which Add On Notes will be treated, together with any other Outstanding Notes, as a single issue of securities. The Issuers may, in connection with the issuance of any Add On Notes, by Board Resolution or supplemental indenture make appropriate adjustments to this Article II applicable to such Add On Notes in order to ensure compliance with the Securities Act and any registration rights or similar agreement applicable to such Add On Notes.
Add On Notes. |
(a) The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional notes of a series ("Add On Notes") having terms and conditions identical to those of Outstanding Notes of such series issued under this Indenture, except that Add On Notes:
(i) may have a different issue date from such other Outstanding Notes;
(ii) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on such other Outstanding Notes; and
(iii) may have terms specified in the Add On Note Board Resolution or Add On Note Supplemental Indenture for such Add On Notes making appropriate adjustments to this Article II and Exhibit A or Exhibit B, as applicable (and related definitions), applicable to such Add On Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) which are not adverse in any material respect to the Holder of any such Outstanding Notes (other than such Add On Notes) and which shall not affect the rights or duties of the Trustee.
(b) In authenticating any Add On Notes, and accepting the additional responsibilities under this Indenture in relation to such Add On Notes, the Trustee shall be entitled to receive, and shall be fully protected in relying upon:
Add On Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of the Indenture, without the consent of the Holders, create and issue Add On Notes having terms and conditions set forth in Exhibit A identical to those of the other Outstanding Notes, except that such Add On Notes:
(a) may have a different issue date from other Outstanding Securities;
(b) may have terms specified herein making appropriate adjustments to this Article Two and Exhibit A (and related definitions) applicable to such Add On Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Add On Notes, which are not adverse in any material respect to the Holder of any Outstanding Securities (other than such Add On Notes).
Add On Notes. The Issuer may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including but not limited to Section 4.08), without the consent of the Holders, create and issue pursuant to this Indenture additional notes having terms and conditions identical to those of the Notes except for issue date ("Add-On Notes") (or the same except for the payment of interest accruing prior to the issue date of such Add-On Notes and as otherwise provided in the following sentence), which Add-On Notes will be treated, together with any other outstanding Notes, as a single issue of securities. The Issuer may, in connection with the issuance of any Add-On Notes, by Board Resolution or supplemental indenture make appropriate adjustments to this Article II applicable to such Add-On Notes in order to ensure compliance with the Securities Act and any registration rights or similar agreement applicable to such Add-On Notes.
Add On Notes. The Issuers may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional notes ("Add-On ------ Notes") having terms and conditions set forth in Exhibit A identical to those of ----- --------- the other outstanding Notes, except that Add-On Notes:
(i) may have a different issue date from other outstanding Notes;
(ii) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on other outstanding Notes;
(iii) may have terms specified in the Add-On Note Board Resolution or Add-On Note Supplemental Indenture for such Add-On Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) ---------- --------- applicable to such Add-On Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Add- On Notes, which are not adverse in any material respect to the Trustee or the Holder of any outstanding Notes (other than such Add-On Notes); and
(iv) may be entitled to additional interest as contemplated in Section ------- 2.14 not applicable to other outstanding Notes and may not be entitled to ---- such additional interest applicable to other outstanding Notes.