Additional Notes. Without the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, the first Interest Payment Date of such additional Notes, the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law purposes, then such additional Notes will be identified by one or more separate CUSIP numbers or by no CUSIP number.
Appears in 4 contracts
Sources: Indenture (Lucid Group, Inc.), Indenture (Lucid Group, Inc.), Indenture (Marathon Digital Holdings, Inc.)
Additional Notes. Without the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, then such additional Notes (or resold Notes) will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 4 contracts
Sources: Indenture (Peloton Interactive, Inc.), Indenture (Coinbase Global, Inc.), Indenture (Coinbase Global, Inc.)
Additional Notes. Without the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes are not fungible with other Notes issued under this Indenture for U.S. purposes of federal income tax or U.S. federal securities law purposeslaws or, if applicable, the Depositary Procedures, then such additional Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 4 contracts
Sources: Indenture (Green Plains Inc.), Indenture (Collegium Pharmaceutical, Inc), Indenture (Peabody Energy Corp)
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, then such additional or resold Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 4 contracts
Sources: Indenture (Halozyme Therapeutics, Inc.), Second Supplemental Indenture (Super Micro Computer, Inc.), Indenture (Super Micro Computer, Inc.)
Additional Notes. Without the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, the first Interest Payment Date of such additional Notes, the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. purposes of federal income tax or U.S. federal securities law purposeslaws or, if applicable, the Depositary Procedures, then such additional or resold Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 2 contracts
Sources: Indenture (Fastly, Inc.), Indenture (Hims & Hers Health, Inc.)
Additional Notes. Without the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, the first Special Interest Payment Date of such additional NotesDate, if applicable, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, then such additional Notes (or resold Notes) will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 2 contracts
Sources: Indenture (Peloton Interactive, Inc.), Indenture (Shift4 Payments, Inc.)
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, the first Interest Payment Date of such additional Notes, the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, then such additional Notes (or resold Notes) will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 2 contracts
Sources: Indenture (Airbnb, Inc.), Indenture (Guardant Health, Inc.)
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Noteson, the first Interest Payment Date of such additional Notesfor, the Last Original Issue Date of such additional Notes and of, and, if applicable, transfer restrictions applicable to to, such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes are not fungible with other Notes issued under this Indenture for purposes of U.S. federal income tax or U.S. federal securities law purposeslaws, or, if applicable, the Depositary Procedures, then such additional Notes will be identified by one or more separate CUSIP numbers or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Lemaitre Vascular Inc)
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any such Notes that have been resold after they have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, then such additional Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, the first Interest Payment Date of such additional Notes, the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law purposes, then such additional Notes will be identified by one or more separate CUSIP numbers or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Bloom Energy Corp)
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that have been resold after they have been purchased or otherwise acquired by the Company or its Affiliates) are not fungible with other Notes issued under this Indenture for purposes of U.S. federal income tax or U.S. federal securities law purposeslaws or, if applicable, the Depositary Procedures, then such additional Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Vertex, Inc.)
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company) are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, then such additional Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Sunpower Corp)
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notesissue date, the first Interest Payment Date of such additional Notes, the issue price and Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that have been resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, then such additional Notes will must be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (SoFi Technologies, Inc.)
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this the Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this the Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this the Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, then such additional Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Additional Notes. Without the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) that are not fungible with other Notes issued under this Indenture for U.S. purposes of federal income tax or U.S. federal securities law purposes, then such additional Notes laws will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Marti Technologies, Inc.)
Additional Notes. Without notice to or the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, the first Interest Payment Date of such additional Notes, the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, or if applicable, the Depositary Procedures, then such additional Notes (or resold Notes) will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Guardant Health, Inc.)
Additional Notes. Without the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, the first Interest Payment Date of such additional Notes, the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. purposes of federal income tax or U.S. federal securities law purposeslaws or, if applicable, the Depositary Procedures, then such additional Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Beyond Meat, Inc.)
Additional Notes. Without notice to or the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, the first Interest Payment Date of such additional Notes, the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for purposes of U.S. federal income tax or U.S. federal securities law purposeslaws or, if applicable, the Depositary Procedures, then such additional or resold Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Core Scientific, Inc./Tx)
Additional Notes. Without the consent of any Holder, the The Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes with the same terms as the Initial initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenture; provided, however, that if any such additional Notes (and any Notes that have been resold after they have been purchased or otherwise acquired by the Company or its Subsidiaries) are not fungible with other Notes issued under this Indenture for U.S. federal income tax or U.S. federal securities law laws purposes, then such additional Notes will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Farfetch LTD)
Additional Notes. Without the consent of any Holder, the Company may, subject to the provisions of this Indenture these Terms and Conditions (including Section 2.02), originally issue additional Notes with the same terms as the Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes, Notes and the first Interest Payment Date of such additional Notes, and the Last Original Issue Date of such additional Notes and transfer restrictions applicable to such additional Notes), which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with all other, Notes issued under this Indenturethese Terms and Conditions; provided, however, that if any such additional Notes (and any Notes that are resold after such Notes have been purchased or otherwise acquired by the Company or its Subsidiaries) that are not fungible with other Notes issued under this Indenture these Terms and Conditions for U.S. purposes of federal income tax or U.S. federal securities law purposes, then such additional Notes laws will be identified by one or more a separate CUSIP numbers number or by no CUSIP number.
Appears in 1 contract
Sources: Note Subscription Agreement (Marti Technologies, Inc.)