Additional Notes. 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 and the first Interest Payment Date and the Last Original Issue Date of 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 federal income tax or federal securities laws purposes, then such additional or resold Notes will be identified by a separate CUSIP 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. The 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 Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes and the first Interest Payment Date and the Last Original Issue Date of 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 federal income tax or federal securities laws purposesor, if applicable, the Depositary Procedures, then such additional or resold Notes will be identified by a separate CUSIP 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. The 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 Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes and Notes, the first Interest Payment Date and 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 laws law purposes, then such additional or resold Notes will be identified by a one or more separate CUSIP number 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. 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 issue date, issue price, the date as of which interest begins to accrue on such additional Notes and the first Interest Payment Date and the Last Original Issue Date of 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 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 federal securities laws purposes, then such additional or resold Notes will must be identified by a separate CUSIP number or by no CUSIP number.
Appears in 3 contracts
Sources: Indenture (SoFi Technologies, Inc.), Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.)
Additional Notes. The With the consent of a majority of the Holders, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes (for the avoidance of doubt, no such consent shall be required for PIK 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 and the first Interest Payment Date and the Last Original Issue Date of 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 laws purposes, then such additional or resold Notes will be identified by a separate CUSIP number or by no CUSIP number.
Appears in 2 contracts
Sources: Indenture (Getaround, Inc), Convertible Note Subscription Agreement (InterPrivate II Acquisition Corp.)
Additional Notes. The 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 Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes and the first Special Interest Payment Date Date, if applicable, and the Last Original Issue Date of 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 federal income tax or federal securities laws purposes, then such additional Notes (or resold Notes Notes) will be identified by a separate CUSIP number or by no CUSIP number.
Appears in 2 contracts
Sources: Indenture (Peloton Interactive, Inc.), Indenture (Shift4 Payments, Inc.)
Additional Notes. 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 and on, the first Interest Payment Date and for, the Last Original Issue Date of of, and, if applicable, 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 federal securities laws purposeslaws, or, if applicable, the Depositary Procedures, then such additional or resold Notes will be identified by a one or more separate CUSIP number numbers or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Lemaitre Vascular Inc)
Additional Notes. 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 and the first Interest Payment Date and the Last Original Issue Date of 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 are have been resold after such Notes 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 laws purposes, then such additional or resold Notes will be identified by a separate CUSIP number or by no CUSIP number.
Appears in 1 contract
Additional Notes. The Without the consent of any Holder, the Company may, subject to the provisions of this Indenture (including Section 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 and Notes, the first Interest Payment Date and 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 laws law purposes, then such additional or resold Notes will be identified by a one or more separate CUSIP number numbers or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Lucid Group, Inc.)
Additional Notes. 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 and the first Interest Payment Date and the Last Original Issue Date of 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 have been resold after such Notes 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 laws purposes, then such additional or resold Notes will be identified by a separate CUSIP number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Farfetch LTD)
Additional Notes. The Without the consent of, or notice to, 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 Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes and Notes, the issue date, the first Interest Payment Date and Date, the issue price, the Last Original Issue Date and the restrictions on transfer in respect of such additional Notes)) in an unlimited aggregate principal amount, which additional Notes will, subject to the foregoing, be considered to be part of the same series of, and rank equally and ratably with with, all other, 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 federal income tax or federal securities laws purposes, then such additional or resold Notes will be identified by a separate CUSIP number or by no CUSIP number.
Appears in 1 contract
Additional Notes. The 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 Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes and the first Interest Payment Date and the Last Original Issue Date of 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 federal securities laws purposesor, if applicable, the Depositary Procedures, then such additional or resold Notes will be identified by a separate CUSIP number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Core Scientific, Inc./Tx)
Additional Notes. 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 and Notes, the first Interest Payment Date and 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 laws law purposes, then such additional or resold Notes will be identified by a one or more separate CUSIP number numbers or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Bloom Energy Corp)
Additional Notes. 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 and the first Interest Payment Date and the Last Original Issue Date of 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 SubsidiariesCompany) are not fungible with other Notes issued under this Indenture for federal income tax or federal securities laws purposes, then such additional or resold Notes will be identified by a separate CUSIP number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Sunpower Corp)
Additional Notes. The With the consent of a majority of the Holders, the Company may, subject to the provisions of this Indenture (including Section 2.02), originally issue additional Notes (for the avoidance of doubt, no such consent shall be required for PIK 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 and the first Interest Payment Date and the Last Original Issue Date of 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 laws purposes, then such additional or resold Notes will be identified by a separate CUSIP number CUSIP, ISIN or Common Code numbers or by no CUSIP numberCUSIP, ISIN or Common Code numbers.
Appears in 1 contract
Sources: Indenture (Vertical Aerospace Ltd.)
Additional Notes. The 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 Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes and the first Interest Payment Date and the Last Original Issue Date of 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 purposes of federal income tax or federal securities laws purposes, then such additional or resold Notes will be identified by a separate CUSIP number or by no CUSIP number.
Appears in 1 contract
Sources: Note Subscription Agreement (Marti Technologies, Inc.)
Additional Notes. The 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 Initial Notes (except, to the extent applicable, with respect to the date as of which interest begins to accrue on such additional Notes and the first Interest Payment Date and the Last Original Issue Date of 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 purposes of federal income tax or federal securities laws purposes, then such additional or resold Notes will be identified by a separate CUSIP number or by no CUSIP number.
Appears in 1 contract
Sources: Indenture (Marti Technologies, Inc.)