Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes: (1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture, (2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue; (3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes or a nominee thereof; and. (4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 2 contracts
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000300,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 as evidenced in an Officer’s Certificate delivered to the Trustee and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. Federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 2 contracts
Sources: Indenture (Interface Inc), Indenture (Installed Building Products, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000500,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and the Liens with respect thereto are permitted by Section 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 2 contracts
Sources: Indenture (SeaWorld Entertainment, Inc.), Indenture (SeaWorld Entertainment, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000625,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and the Liens with respect thereto are permitted by Section 4.11 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(g), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Initial Notes as set forth in Exhibit B. A hereto. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of DirectorsDirectors of the Issuer, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 2 contracts
Sources: Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000322,868,000.00. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto, and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Second Lien Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 2 contracts
Sources: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000800,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and the Liens thereon are permitted by Section 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of each Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form of Initial Notes as set forth in Exhibit A, A hereto but shall be issued in the form of Exchange Notes as set forth in Exhibit B. B hereto. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer MHGE Holdings and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuers’ option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 2 contracts
Sources: Indenture (McGraw-Hill Interamericana, Inc.), Indenture (McGraw-Hill Global Education LLC)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0001,200,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 2 contracts
Sources: Indenture (Rackspace Technology, Inc.), Indenture (Rackspace Technology, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000495,032,000.00. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto, and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the First Lien Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 2 contracts
Sources: Indenture (Mallinckrodt PLC), Exchange Agreement (Mallinckrodt PLC)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0003,140,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuers’ option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 2 contracts
Sources: Indenture (ADT, Inc.), Indenture (ADT, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0002,500,000,000. The Issuer may from time to time after the Issue Acquisition Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate of the Issuer or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form of Initial Notes as set forth in Exhibit A, A hereto but shall be issued in the form of Exchange Notes as set forth in Exhibit B. B hereto. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate of the Issuer or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes will be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Dollar Tree Inc)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $€400,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c)3.06, 4.06(i) or 3.08, 4.08(c) or Appendix A (the "Appendix")), there shall be (a) established in or pursuant to a resolution of the Board board of Directors directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer's Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1i) the aggregate principal amount of such Additional Notes which may to be authenticated and delivered under this Indenture,;
(2ii) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3iii) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto, and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary Common Depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board board of Directorsdirectors of the Issuer, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer's Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Notes, including any Additional Notes, shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase.
Appears in 1 contract
Sources: Indenture (Kronos Worldwide Inc)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 as evidenced in an Officer’s Certificate delivered to the Trustee and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Trimas Corp)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000253,378,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section Sections 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.06(f), 4.08(c) or the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form of Initial Notes as set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000600,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c)3.06, 4.06(i) or 3.08, 4.08(c) or Appendix A (the “Appendix”)), there shall be (a) established in or pursuant to a resolution of the Board board of Directors directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may to be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary Depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board board of Directorsdirectors of the Company, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Notes, including any Additional Notes, shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.11, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP, ISIN or other identifying number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,00075,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c)3.06, 4.06(i) or 3.08, 4.08(c) or Appendix A (the “Appendix”)), there shall be (a) established in or pursuant to a resolution of the Board board of Directors directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may to be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary Depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board board of Directorsdirectors of the Company, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Notes, including any Additional Notes, shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase.
Appears in 1 contract
Sources: Indenture (Homefed Corp)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000500,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number and/or ISIN, if applicable.
Appears in 1 contract
Sources: Indenture (XPO Logistics, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000125,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Sources: Indenture (GeoEye, Inc.)
Amount of Notes. The aggregate principal amount of Original Initial Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number and/or ISIN, if applicable.
Appears in 1 contract
Sources: Indenture (WABASH NATIONAL Corp)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000510,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, Section 2.08, Section 2.09, 2.10Section 3.08, 3.03(cSection 4.06(e), 4.06(i) or Section 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s election, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Chart Industries Inc)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0002,250,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and the Liens with respect thereto are permitted by Section 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (QXO, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000325,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number and/or ISIN, if applicable.
Appears in 1 contract
Sources: Indenture (Wabash National Corp /De)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000227,500,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and the Liens with respect thereto are permitted by Section 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000225,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.06, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1a) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2b) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3c) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 2.3 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4d) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form of Initial Notes as set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes, including any Additional Notes, may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase, provided that if the Additional Notes are not fungible with the then-outstanding Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Mariner, LLC)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000€350,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c)3.06, 4.06(i) or 3.08, 4.08(c) or Appendix A (the “Appendix”)), there shall be (a) established in or pursuant to a resolution of the Board board of Directors directors of each of the Issuers and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may to be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or Exhibit B hereto, as applicable, and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary Depository for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board board of Directorsdirectors of each of the Issuers, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of each of the Issuer Issuers and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Notes, including any Additional Notes, shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase.
Appears in 1 contract
Sources: Indenture (Tenneco Inc)
Amount of Notes. The aggregate principal amount of Original Notes (other than Notes issued pursuant to Section 2.07) which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000500,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 4.04 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.092.14, 2.103.08, 3.03(c), 4.06(i4.06(c) or 4.08(c) or the Appendix9.04), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix 2.07 in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of each Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuers’ option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000750,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto, and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Mallinckrodt PLC)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000[125,000,000]. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Sources: Indenture (GeoEye License Corp.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0001,460,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, Section 2.08, Section 2.09, 2.10Section 3.08, 3.03(cSection 4.06(e), 4.06(i) or Section 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s election, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Chart Industries Inc)
Amount of Notes. The aggregate principal amount of Original Initial Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000766,891,864. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is and the Liens in respect thereof are permitted under this Indenture at such time permitted time, including by Section Sections 4.03 and 4.12, and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.093.08, 2.10, 3.03(c4.06(f), 4.06(i) or 4.08(c) or the Appendix4.18 or Appendix A), there shall be (a) established in or issued pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided for in an Officers’ Officer’s Certificate of the Company or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate of the Issuers or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes and other Additional Notes for U.S. federal income tax purposes, such Additional Notes shall bear a separate CUSIP number.
Appears in 1 contract
Sources: Indenture (Vici Properties Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000450,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Enpro Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000800,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section Sections 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors or equivalent of Holdings and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary or an authorized signatory of the Issuer Issuers and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuers’ option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Garrett Motion Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000125,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c)3.06, 4.06(i) or 3.08, 4.08(c) or Appendix A (the “Appendix”)), there shall be (a) established in or pursuant to a resolution of the Board board of Directors directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may to be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary Depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board board of Directorsdirectors of the Company, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Notes, including any Additional Notes, shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase.
Appears in 1 contract
Sources: Indenture (Homefed Corp)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0001,000,000,000. The Issuer Issuers may from time to time after the Issue Acquisition Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.093.08, 2.10, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board Boards of Directors of the Issuers and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate of the Issuers or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary depository for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board Boards of DirectorsDirectors of the Issuers, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the each Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate of the Issuers or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes will be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable. Unless the context otherwise requires, for all purposes of this Indenture, references to the Notes include any Additional Notes actually issued.
Appears in 1 contract
Sources: Indenture (Genmab a/S)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000850,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s election, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP and/or ISIN number, if applicable.
Appears in 1 contract
Sources: Indenture (XPO Logistics, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000300,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 as evidenced in an Officer’s Certificate delivered to the Trustee and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Trimas Corp)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000535,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number and/or ISIN, if applicable.
Appears in 1 contract
Sources: Indenture (XPO Logistics, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0003,705,498,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c3.06, 4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form of Initial Notes as set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes, including any Additional Notes, may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000585,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) other than following the occurrence of a Fall-Away Event, the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s election, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP and/or ISIN number, if applicable.
Appears in 1 contract
Sources: Indenture (XPO, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0001,091,792,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Holdings and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuers’ option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (EP Energy Corp)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0001,000,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuers and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Dutch Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Dutch Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Stars Group Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000450,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:: 53
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,
; (2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
; and (3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Hexion Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000900,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Mallinckrodt PLC)
Amount of Notes. The aggregate principal amount of Original Notes (other than Notes issued pursuant to Section 2.07) which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000833,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 4.04 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.092.14, 2.103.08, 3.03(c), 4.06(i4.06(c) or 4.08(c) or the Appendix9.04), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix 2.07 in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000375,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto, and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Second Lien Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (Mallinckrodt PLC)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000850,000,000. The Issuer may from time to time after the Issue Closing Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.093.08, 2.10, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board Boards of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate of the Issuer or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board Boards of DirectorsDirectors of the Issuer, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate of the Issuer or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes will be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable. Unless the context otherwise requires, for all purposes of this Indenture, references to the Notes include any Additional Notes actually issued.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000350,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and the Liens thereon are permitted by Section 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary depository for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form of Initial Notes as set forth in Exhibit A, A hereto but shall be issued in the form of Exchange Notes as set forth in Exhibit B. B hereto. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. Subject to Section 9.06, the Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000250,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section Sections 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.06(f), 4.08(c) or the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form of Initial Notes as set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $€400,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c)3.06, 4.06(i) or 3.08, 4.08(c) or Appendix A (the “Appendix”)), there shall be (a) established in or pursuant to a resolution of the Board board of Directors directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1i) the aggregate principal amount of such Additional Notes which may to be authenticated and delivered under this Indenture,;
(2ii) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3iii) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto, and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary Common Depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board board of Directorsdirectors of the Issuer, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Notes, including any Additional Notes, shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0001,000,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s election, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP and/or ISIN number, if applicable.
Appears in 1 contract
Sources: Indenture (XPO Logistics, Inc.)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000600,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 as evidenced in an Officers’ Certificate delivered to the Trustee and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.093.08, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors or Sole Member (as applicable) of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Sources: Indenture (MULTI COLOR Corp)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000350,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and the Liens thereon are permitted by Section 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate of the Issuer or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary depository for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form of Initial Notes as set forth in Exhibit A, A hereto but shall be issued in the form of Exchange Notes as set forth in Exhibit B. B hereto. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate of the Issuer or the an indenture supplemental hereto setting forth the terms of the Additional Notes. Subject to Section 9.06, the Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000550,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000[•]2. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and the Liens with respect thereto are permitted by Section 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(g), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of each Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Initial Notes as set forth in Exhibit B. A hereto. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of DirectorsDirectors of each Issuer, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the each Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Initial Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000350,000,000. The Issuer Company may from time to time after the Issue Date issue Additional additional Notes under this Indenture in an unlimited principal amountamount (collectively, “Additional Notes”), so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto, as applicable, and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number and/or ISIN, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0001,500,000,000. The Issuer Issuers may from time to time after the Issue Acquisition Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is and the Liens securing such Indebtedness are at such time permitted by Section Sections 4.03 and 4.12 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.093.08, 2.10, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board Boards of Directors of the Issuers and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate of the Issuers or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary depository for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board Boards of DirectorsDirectors of the Issuers, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the each Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate of the Issuers or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes will be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable. Unless the context otherwise requires, for all purposes of this Indenture, references to the Notes include any Additional Notes actually issued.
Appears in 1 contract
Sources: Indenture (Genmab a/S)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000350,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.11, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP, ISIN or other identifying number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Initial Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000311,720,742. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is and the Liens in respect thereof are permitted under this Indenture at such time permitted time, including by Section Sections 4.03 and 4.12, and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.093.08, 2.10, 3.03(c4.06(f), 4.06(i) or 4.08(c) or the Appendix4.18 or Appendix A), there shall be (a) established in or issued pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided for in an Officers’ Officer’s Certificate of the Company or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate of the Issuers or the indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes and other Additional Notes for U.S. federal income tax purposes, such Additional Notes shall bear a separate CUSIP number.
Appears in 1 contract
Sources: Indenture (Vici Properties Inc.)
Amount of Notes. The aggregate principal amount of Original Initial Notes which may be authenticated and delivered under this Indenture on the Issue Date is (i) $400,000,000500,000,000 with respect to the Initial 2023 Notes, (ii) $750,000,000 with respect to the Initial 2025 Notes, and (iii) $1,000,000,000 with respect to the Initial 2027 Notes. The Issuer Company may from time to time after the Issue Date issue Additional additional Notes of any series under this Indenture in an unlimited principal amountamount (collectively, “Additional Notes”), so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;accrue and the applicable series; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A A-1, Exhibit A-2 or Exhibit A-3 hereto, as applicable, and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes of a series may, at the Company’s option, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number and/or ISIN, if applicable.
Appears in 1 contract
Sources: Indenture (Gap Inc)
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,0001,000,000,000. The Issuer Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuers and (b) (i) set forth or determined in the manner provided in an Officers’ Officer’s Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of DirectorsDirectors of the Issuers, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Dutch IssuerParent and delivered to the Trustee at or prior to the delivery of the Officers’ Officer’s Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Dutch Issuer’sParent’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000255,000,000. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.103.08, 3.03(c4.06(e), 4.06(i) or 4.08(c) or the AppendixAppendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form of Initial Notes as set forth in Exhibit A, A hereto but shall be issued in the form of Exchange Notes as set forth in Exhibit B. B hereto. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Issuer’s option, be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, the Additional Notes will have a separate CUSIP number, if applicable.
Appears in 1 contract
Amount of Notes. The aggregate principal amount of Original Notes which may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000450,000,000. The Issuer Company may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (i) other than following the occurrence of a Fall-Away Event, the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indentureset forth below. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.09, 2.10, 3.03(c), 4.06(i) or 4.08(c) or the Appendix)Date, there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) the aggregate principal amount of such Additional Notes which may be authenticated and delivered under this Indenture,;
(2) the issue price and issuance date of such Additional Notes, including the date from which interest on such Additional Notes shall accrue;; and
(3) if applicable, that such Additional Notes shall be issuable in whole or in part in the form of one or more Global Notes and, in such case, the respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix A in which any such Global Notes Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Notes Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Notes Note or a nominee thereof; and.
(4) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the form set forth in Exhibit A, but shall be issued in the form of Exchange Notes as set forth in Exhibit B. . If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors, a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the an indenture supplemental hereto setting forth the terms of the Additional Notes. The Initial Notes and any Additional Notes may, at the Company’s election, be treated as a single class of securities for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase; provided that if the Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP and/or ISIN number, if applicable.
Appears in 1 contract
Sources: Indenture (XPO, Inc.)