Common use of Amount of Notes Clause in Contracts

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 2 contracts

Samples: Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.), Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.)

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Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not of US$150,000,000 upon receipt of a written order of the Company in the form of an Officers' Certificate of the Company. Thereafter, subject to exceed $450,000,000 compliance with Section 4.06, at any time and from time to time, the Trustee shall authenticate Notes having identical terms (iiexcept as to issue price) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, amount upon a written order of the Issuer Company in the form of an Officers' Certificate of the IssuerCompany. The Officers’ Certificate In each case, such written order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers' Certificate of the Company certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or under the Securities Act and that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes and any 8 5/8% Senior Notes issued on August 14, 2001, tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Such additional series of Notes issued in such exchange shall be deemed to be a single series of Notes outstanding under this Indenture. Exchange Securities or Private Exchange Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence.

Appears in 2 contracts

Samples: Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 300,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 2 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 200,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 2 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 125,000,000 and (ii) after the Combination Date, if issuedsubject to Section 4.06, Additional Notes in an unlimited principal amountNotes, upon a written order of the each Issuer in the form of an Officers' Certificate of the each Issuer. The Officers' Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticatedauthenticated and persons in whose names the Notes are to be registered, and shall direct delivery of the Notes to such persons or representatives thereof. Upon receipt of a written order of the Issuer Issuers in the form of an Officers' Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuers. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers' Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Ashton Houston Residential L.L.C.

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 130,000,000 and (ii) after the Combination Date, if issuedsubject to Section 4.06, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Meritage Corp)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 300,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such any Additional Notes will not be issued with a separate CUSIP number unless (i) the same CUSIP or ISIN, as applicable, as Additional Notes are issued pursuant to a “qualified reopening” of the existing Notes unless such for U.S. federal income tax purposes, or (ii) the Additional Notes are fungible with the existing Notes issued without original issue discount for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange New Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: M/I Homes, Inc.

Amount of Notes. The Trustee shall authenticate (i) a series of Initial Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 and (ii) after of U.S.$200,000,000 upon a written order of the Combination DateIssuer substantially in the form set forth in Exhibit H hereto. In addition, if issued, Additional Notes in the Trustee or an unlimited principal amountauthenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officers’ Officer’s Certificate of the Issuer. The , authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers’ Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticated. Upon receipt authenticated and, in the case of a written order an issuance of Additional Notes pursuant to Section 2.19, such Officer’s Certificate of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided certify that such Additional Notes issuance will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if anyprohibited by Section 4.06. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or and that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed U.S.$200,000,000 for issuance in exchange for substitution for, and evidencing the same continuing indebtedness as, the Initial Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act not bearing the Private Placement Legend or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Canwest Media Inc

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 500,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerIssuer Request. The Officers’ Certificate Issuer Request shall specify the amount of Notes to be authenticated and authenticated, the date on which the Notes are to be authenticated, and the names and delivery instructions for each Holder of the Notes. Furthermore, Notes may be authenticated or delivered upon registration or transfer, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.11, 3.02 or 8.05 or in connection with a Change of Control Offer pursuant to Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ CertificateIssuer Request, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof Issue Date and will vote on all matters as one class with the Notes being issued on the date hereofIssue Date, including, without limitation, waivers, amendments, redemptions and Offers offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposespurchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been meteffective, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence. The principal of, premium, if any, interest, and Additional Interest, if any, on the Notes shall be payable at the office or agency of the Issuer maintained for such purpose in the Borough of Manhattan, The City of New York, State of New York, or at such other office or agency of the Issuer as may be maintained for such purpose pursuant to Section 2.04; provided, however, that, at the option of the Issuer, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the registry maintained by the Registrar or (ii) wire transfer to an account located in the United States maintained by the payee. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the accounts specified by the Depository.

Appears in 1 contract

Samples: Limited Brands Inc

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 203,000,000 and (ii) after the Combination Date, if issuedsubject to Section 4.06, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and authenticated, the date on which the Notes are to be authenticated, and the names and delivery instructions for each Holder of the Notes. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (National Credit & Guaranty CORP)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 150,000,000 and (ii) after the Combination Date, if issuedsubject to SECTION 4.06, Additional Notes in an unlimited principal amountNotes, upon a written order of the Issuer in the form of an Officers' Certificate of the Issuer. The Officers' Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. The aggregate principal amount of Notes outstanding at any time is limited as provided in SECTION 2.08 and SECTION 4.06. Upon receipt of a written order of the Issuer in the form of an Officers' Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for SECTION 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers' Certificate certifying that a registration statement relating to an exchange offer or shelf registration specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been meteffective, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed the limitations provided in SECTION 2.08 and SECTION 4.06 for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer or shelf registration registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Securities Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Res Care Inc /Ky/)

Amount of Notes. The Trustee shall authenticate (i) Original Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $450,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, 360,000,000 upon receipt of a written order of the Issuer in the form of an Officers' Certificate of the Issuer. The In addition, the Trustee or an authenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officer's Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers' Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticatedauthenticated and, in the case of an issuance of Additional Notes pursuant to Section 2.19, such Officer's Certificate of the Issuer shall certify that such issuance shall not be prohibited by Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers' Certificate of the Issuer certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or under the Securities Act and that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed $360,000,000 for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Massey Energy Co)

Amount of Notes. The Trustee shall authenticate (i) Original Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $450,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, 200,000,000 upon receipt of a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The In addition, the Trustee or an authenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officer’s Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers’ Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticatedauthenticated and, in the case of an issuance of Additional Notes pursuant to Section 2.19, such Officer’s Certificate of the Issuer shall certify that such issuance shall not be prohibited by Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers’ Certificate of the Issuer certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or under the Securities Act and that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed $200,000,000 for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Ipsco Inc)

Amount of Notes. The Trustee shall authenticate (i) a series of Initial Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 and (ii) after of U.S.$761,054,211 upon a written order of the Combination DateIssuer substantially in the form set forth in Exhibit G hereto. In addition, if issued, Additional Notes in the Trustee or an unlimited principal amountauthenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officers’ Officer’s Certificate of the Issuer. The , authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers’ Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticated. Upon receipt authenticated and, in the case of a written order an issuance of Additional Notes pursuant to Section 2.19, such Officer’s Certificate of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided certify that such Additional Notes issuance will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if anyprohibited by Section 4.06. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or and that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed U.S.$761,054,211 for issuance in exchange for substitution for, and evidencing the same continuing indebtedness as, the Initial Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act not bearing the Private Placement Legend or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Canwest Media Inc

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $450,000,000 100,000,000 and (ii) after the Combination Date, if issued, Additional Notes for original issue from time to time, in an unlimited principal amount, each case upon a written order of the Issuer Company in the form of an Officers' Certificate of the IssuerCompany. The Officers’ Certificate Such written order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. All Initial Notes and Additional Notes shall be identical in all respects other than the issue dates and the date from which interest accrues except as provided in this Section 2.01 and except that any Additional Note may contain any notations, legends or endorsements permitted under Section 2.02. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers' Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any or, with respect to the Additional Notes, a registration rights agreement relating substantially identical to the Additional Notes Registration Rights Agreement, is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed the outstanding aggregate principal amount of the Initial Notes or Additional Notes, as the case may be, for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence. In the event that the Company shall issue and the Trustee shall authenticate any Additional Notes, the Company shall use its reasonable best efforts to obtain the "CUSIP" number for such Notes as is printed on the Notes outstanding at such time. Notwithstanding the foregoing, all Notes issued under this Indenture shall vote and consent together on all matters as one class and no series of Notes will have the right to vote or consent as a separate class on any matter.

Appears in 1 contract

Samples: Fairfield Manufacturing Co Inc

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 350,000,000 and (ii) after the Combination Date, if issuedsubject to Section 4.06, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 200,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, subject to Section 4.06 and upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M I Homes Inc)

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Amount of Notes. The Trustee shall authenticate (i) Original Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $450,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, 760.0 million upon receipt of a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The In addition, the Trustee or an authenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officer’s Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers’ Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticatedauthenticated and, in the case of an issuance of Additional Notes pursuant to Section 2.19, such Officer’s Certificate of the Issuer shall certify that such issuance shall not be prohibited by Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers’ Certificate of the Issuer certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or under the Securities Act and that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed $760.0 million for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Massey Energy Co)

Amount of Notes. The Trustee shall authenticate (i) Original Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $450,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, 200,000,000 upon receipt of a written order of the Issuer in the form of an Officers' Certificate of the Issuer. The In addition, the Trustee or an authenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officer's Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers' Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticatedauthenticated and, in the case of an issuance of Additional Notes pursuant to Section 2.19, such Officer's Certificate of the Issuer shall certify that such issuance shall not be prohibited by Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers' Certificate of the Issuer certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or under the Securities Act and that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed $200,000,000 for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Ipsco Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 150,000,000 and (ii) after the Combination Date, if issuedsubject to Section 4.06, Additional Notes in an unlimited aggregate principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: William Lyon Homes

Amount of Notes. The Trustee shall authenticate (i) a series of Initial Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 and (ii) after of U.S.$200,000,000 upon a written order of the Combination DateIssuer substantially in the form set forth in Exhibit H hereto. In addition, if issued, Additional Notes in the Trustee or an unlimited principal amountauthenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officers’ Officer's Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers' Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. The Officers’ Certificate Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticated. Upon receipt authenticated and, in the case of a written order an issuance of Additional Notes pursuant to Section 2.19, such Officer's Certificate of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided certify that such Additional Notes issuance will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if anyprohibited by Section 4.06. Upon receipt of an Issuer Request and an Officers' Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or and that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed U.S.$200,000,000 for issuance in exchange for substitution for, and evidencing the same continuing indebtedness as, the Initial Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act not bearing the Private Placement Legend or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Canwest Media Inc

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 400,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, subject to Section 4.06 and upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such any Additional Notes will not be issued with a separate CUSIP number unless (i) the same CUSIP or ISIN, as applicable, as Additional Notes are issued pursuant to a “qualified reopening” of the existing Notes unless such for U.S. federal income tax purposes, or (ii) the Additional Notes are fungible with the existing Notes issued without original issue discount for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange New Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: M/I Homes, Inc.

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 65,000,000, and (ii) after pursuant to Section 2.15 hereof and paragraph 1 of the Combination Date, if issuedNotes, Additional Notes issued as a PIK Payment in an unlimited principal amountlieu of a cash interest payment on the Notes, upon a written order of the each Issuer in the form of an Officers’ Certificate of the each Issuer. The Officers’ Certificate shall specify the number of separate Notes and the principal amount of Notes or Additional Notes to be authenticated and the date on which the Notes or Additional Notes are to be authenticatedauthenticated and persons in whose names the Notes or Additional Notes are to be registered, and shall direct delivery of the Notes or Additional Notes to such persons or representatives thereof. Upon receipt of a written order of the Issuer Issuers in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer Issuers. Pursuant to Section 2.15 hereof and cancel any such paragraph 1 of the Notes, under the conditions set forth therein, the Issuers are entitled to, without the consent of the Holders and without regard to Section 4.06 hereof, make a PIK Payment by increasing the outstanding principal amount of the Notes originally issuedor issuing Additional Notes under this Indenture on the same terms and conditions as the Notes issued on the Issue Date in lieu of a payment of cash interest. Any such Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request , and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified any increase in the Registration Rights Agreement or any registration rights agreement relating principal amount of the outstanding Notes in lieu of the issuance of Additional Notes, and references to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series “principal amount” of Notes for issuance in exchange for the Notes tendered for exchange pursuant to shall include any such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities may have such distinctive series designations and such changes increase in the form thereof as are specified in principal amount of the Issuer Request referred to in outstanding Notes from the preceding sentencedate of such increase.

Appears in 1 contract

Samples: Indenture (Ashton Woods USA L.L.C.)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 300,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, subject to Section 4.06 and upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange New Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M I Homes Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 175,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 250,000,000 and (ii) after the Combination Date, if issuedsubject to Section 4.06, Additional Notes in an unlimited the aggregate principal amountamount not to exceed $150,000,000, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. The aggregate principal amount of Notes outstanding at any time may not exceed $400,000,000, except as provided in Sections 2.08 and 2.09. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (William Lyon Homes)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 250,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, subject to Section 4.06 and upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange New Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M I Homes Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $450,000,000 150,000,000 and (ii) after the Combination Date, if issuedsubject to Section 4.06, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer and cancel any such Notes originally issuedIssuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Securities Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M I Homes Inc)

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