Common use of Amount of Notes; Terms; Form; Execution and Delivery Clause in Contracts

Amount of Notes; Terms; Form; Execution and Delivery. (a) The Outstanding Principal Balance of any class of Notes that may be authenticated and delivered from time to time under this Indenture shall not exceed, with respect to the Original Class A Notes, the initial Outstanding Principal Balance for the Original Class A Notes in the amount of $45,000,000, as set forth in the definition thereof, with respect to any Additional Class A Notes, $25,000,000, or, with respect to any class (or sub-class) of Subordinated Notes or any class of Refinancing Notes, the Outstanding Principal Balance authorized in the Resolution and set forth in an indenture supplemental hereto establishing such Subordinated Notes or Refinancing Notes; provided, that (i) any Additional Class A Notes shall be issued in accordance with Section 2.1(g), (ii) any Refinancing Notes shall be issued in accordance with Section 2.15 and (iii) any Subordinated Notes shall be issued in accordance with Section 2.16.

Appears in 3 contracts

Samples: Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.)

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Amount of Notes; Terms; Form; Execution and Delivery. (a) The Outstanding Principal Balance of any class of Notes that may be authenticated and delivered from time to time under this Indenture shall not exceed, with respect to the Original Class A Notes, the initial Outstanding Principal Balance for the Original Class A Notes in the amount of $45,000,000, as set forth in the definition thereof, with respect to any Additional Class A Notes, $25,000,000, thereof or, with respect to any class (or sub-class) of Subordinated Notes or any class of Refinancing Notes, the Outstanding Principal Balance authorized in the Resolution and set forth in an indenture supplemental hereto establishing such Subordinated Notes or Refinancing Notes; provided, that (i) any Additional Class A Notes shall be issued in accordance with Section 2.1(g), (ii) any Refinancing Notes shall be issued in accordance with Section 2.15 and (iiiii) any Subordinated Notes shall be issued in accordance with Section 2.16.

Appears in 3 contracts

Samples: Indenture (Ironwood Pharmaceuticals Inc), Indenture (Biocryst Pharmaceuticals Inc), Indenture (PDL Biopharma, Inc.)

Amount of Notes; Terms; Form; Execution and Delivery. (a) The Outstanding Principal Balance of any class of Notes that may be authenticated and delivered from time to time under this Indenture shall not exceed, with respect to the Original Class A Notes, the initial Outstanding Principal Balance for the Original Class A Notes in the amount of $45,000,000, as set forth in the definition thereof, with respect to any Additional Class A Notes, $25,000,000, thereof or, with respect to any class (or sub-class) of Subordinated Class B Notes or any class of Refinancing Notes, the Outstanding Principal Balance authorized in the Manager Resolution and set forth in an or indenture supplemental hereto establishing such Subordinated Class B Notes or Refinancing Notes; provided, that (i) any Additional Class A Notes shall be issued in accordance with Section 2.1(g), (ii) any Refinancing Notes shall be issued in accordance with Section 2.15 and (iiiii) any Subordinated Class B Notes shall be issued in accordance with Section 2.16.

Appears in 2 contracts

Samples: Indenture (Supernus Pharmaceuticals Inc), Indenture (Insite Vision Inc)

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Amount of Notes; Terms; Form; Execution and Delivery. (a) The Outstanding Principal Balance of any class of Notes that may be authenticated and delivered from time to time under this Indenture shall not exceed, with respect to the Original Class A Notes, the initial Outstanding Principal Balance for the Original Class A Notes in the amount of $45,000,000, as set forth in the definition thereof, with respect to any Additional Class A Notes, $25,000,000, thereof or, with respect to any class (or sub-class) of Subordinated Class B Notes or any class of Refinancing Notes, the Outstanding Principal Balance authorized in the Resolution and set forth in an or indenture supplemental hereto establishing such Subordinated Class B Notes or Refinancing Notes; provided, that (i) any Additional Class A Notes shall be issued in accordance with Section 2.1(g), (ii) any Refinancing Notes shall be issued in accordance with Section 2.15 and (iiiii) any Subordinated Class B Notes shall be issued in accordance with Section 2.16.

Appears in 1 contract

Samples: Indenture (Indevus Pharmaceuticals Inc)

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