AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of its senior promissory notes (the "NOTES") from time to time in accordance with the provisions of this Agreement in the aggregate principal amount of up to $200,000,000, to be dated the date of issue thereof; to mature, in the case of each Note so issued, no more than 5 years after the date of original issuance thereof; to bear interest on the unpaid balance thereof from the date thereof at the rate per annum, and to have such other particular terms, as shall be set forth, in the case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to paragraph 2F; and to be substantially in the form of Exhibit A-1 attached hereto. The term "NOTES" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the same final maturity, (ii) the same principal prepayment dates, (iii) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (iv) the same interest rate, and (v) the same original date of issuance are herein called a "SERIES" of Notes. Capitalized terms used herein have the meanings specified in paragraph 10.
AUTHORIZATION OF ISSUE OF NOTES. The Issuers will authorize the issue of their joint and several Series B Senior Notes in the aggregate principal amount of $75,000,000, to be dated the date of issue thereof, to mature April 14, 2021, to bear interest on the unpaid balance thereof from the date thereof until the principal thereof shall have become due and payable at the rate of 4.75% per annum and on overdue payments at the rate specified therein, and to be substantially in the form of Exhibit A attached hereto. The term “Notes” as used herein shall include each such senior promissory note delivered pursuant to any provision of this Agreement and each such senior promissory note delivered in substitution or exchange for any other Note pursuant to any such provision.
AUTHORIZATION OF ISSUE OF NOTES. (a) The Company will authorize the issue of its Senior Notes in the aggregate principal amount of $5,000,000, to be dated the date of issue, to mature on the Maturity Date, to bear interest on the unpaid balance thereof from the date thereof until the Maturity Date or until the entire principal thereof shall have become due and payable at the rate of 6% per annum, payable in cash quarterly in arrears on each of September 1, December 1, March 1 and June 1, beginning March 1, 2002 with one final interest payment on September 1, 2005, and to be substantially in the form of Exhibit A hereto attached. The Company will authorize the issue of its Junior Notes in the aggregate principal amount of $5,000,000, to be dated the date of the issue, to mature on the Maturity Date, to bear interest on the unpaid balance thereof until the Maturity Date or until the entire principal thereof shall have become due and payable at the rate of 6% per annum, payable in arrears, upon each Conversion Date; provided, however, that on the first Conversion Date, the -------- ------- Company shall, in addition to the payment of any interest accrued on the Junior Notes through such date, make a one time payment to the Buyer, in cash, in the amount equal to $135,616.43. The Company shall have the option to pay up to 50% of the interest due and payable on the Junior Notes on each Conversion Date, in Common Shares, such shares to be valued at the average closing price for a share of Common Stock on NASD Bulletin Board or on NASDAQ National Market System or on an exchange, if any, on which the Common Stock is listed during the fifty (50) trading-day period following the date hereof, such value not to exceed, in any case, $1 per share. The term "Senior Note" or "Senior Notes" as used herein shall include each Senior Note delivered pursuant to any provision of this Agreement and each Senior Note delivered in substitution or exchange for any such Note, in any case which is at the time outstanding. The term "Junior Note" or "Junior Notes" as used herein shall include each Junior Note delivered pursuant to any provision of this Agreement and each Junior Note delivered in substitution of exchange for any such Junior Note, in any case which is at the time outstanding. "Senior Notes" and "Junior Notes" are herein referred to, collectively, as "Notes." All interest on the Notes shall be computed on the basis of the actual number of days elapsed and a year of 365 or 366 days, as applicable. To the ex...
AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue and sale of $300,000,000 aggregate principal amount of its 4.27% Series B Senior Notes due June 14, 2022 (the “Notes”, such term to include any such notes issued in substitution therefor pursuant to Section 13). The Notes shall be substantially in the form set out in Exhibit 1.1. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.
AUTHORIZATION OF ISSUE OF NOTES. The Company (or in the case of an Issuer Subsidiary, such Issuer Subsidiary) may authorize the issue of its senior promissory notes (the “Notes”) in the aggregate principal amount of $100,000,000 (including the equivalent in the Available Currencies), to be dated the date of issue thereof, to mature, in the case of each Note so issued, no more than ten years after the date of original issuance thereof, to have an average life of not more than seven years, to bear interest on the unpaid balance thereof from the date thereof at the rate per annum, and to have such other particular terms, as shall be set forth, in the case of each Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2B(5), and to be substantially in the form of Exhibit A attached hereto. The terms “Note” and “
AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue and sale of its senior promissory notes in the aggregate principal amount of $50,000,000, to be dated the date of issue thereof, to mature November 10, 2007, to bear interest on the unpaid balance thereof from the date thereof until the principal thereof shall have become due and payable at the rate of 7.29% per annum and on overdue payments at the rate specified therein, and to be substantially in the form of Exhibit A attached hereto. The term "Note" or "Notes" as used herein shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision.
AUTHORIZATION OF ISSUE OF NOTES. The Issuers will authorize the joint and several issuance and sale of (a) $100,000,000 aggregate principal amount of their joint and several 3.84% Series D Senior Guaranteed Notes due December 1, 2021 (including any amendments, restatements or modifications from time to time, the “Series D Notes”), and (b) $200,000,000 aggregate principal amount of their joint and several 4.24% Series E Senior Guaranteed Notes due December 1, 2026 (including any amendments, restatements or modifications from time to time, the “Series E Notes” and together with the Series D Notes, collectively, the “Notes” such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Series D Notes and the Series E Notes shall be substantially in the form set out in Exhibit 1.1(a) and Exhibit 1.1(b), respectively, with such changes thereto, if any, as may be approved by the Purchasers and the Issuers. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.
AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue and delivery of its senior promissory notes (herein, together with any such notes which may be issued pursuant to any provision of this Agreement, and any such notes which may be issued hereunder in substitution or exchange therefor, collectively called the "Notes" and individually called a "Note") in the aggregate principal amount of $50,000,000, to be dated the date of issue thereof, to mature August 19, 2007, to bear interest on the unpaid balance thereof (payable semi-annually on the 19th of February and August in each year) from the date thereof until the principal thereof shall have become due and payable at the rate of 6.99% per annum and on overdue principal, premium and interest at the rate specified therein, and to be substantially in the form of Exhibit A attached hereto.
AUTHORIZATION OF ISSUE OF NOTES. The Company will authorize the issue of its senior secured promissory notes (the “Notes”) in the aggregate principal amount of $40,000,000, to be dated the date of issue thereof, to mature July 1, 2015, to bear interest on the unpaid balance thereof from the date thereof until the principal thereof shall have become due and payable at the rate of 8.30% per annum (provided that, during any period when an Event of Default shall be in existence, at the election of the Required Holder(s) the outstanding principal balance of the Notes shall bear interest from and after the date of such Event of Default and until the date such Event of Default ceases to be in existence at the rate per annum from time to time equal to the Default Rate) and on overdue payments at the rate per annum from time to time equal to the Default Rate, and to be substantially in the form of Exhibit A attached hereto. The term “Notes” as used herein shall include each such senior secured promissory note delivered pursuant to any provision of this Agreement and each such senior secured promissory note delivered in substitution or exchange for any other Note pursuant to any such provision.
AUTHORIZATION OF ISSUE OF NOTES. The Company has authorized the issuance of its senior secured promissory notes in the aggregate principal amount of $45,000,000, to be dated the date of issue thereof, to mature January 4, 2018, and to bear interest on the unpaid balance thereof from the date thereof until the principal thereof shall have become due and payable at a rate of 9.50% per annum (or at the Default Rate on the occurrence and during the continuance of an Event of Default); such senior secured promissory notes to be substantially in the form of Exhibit A attached hereto.
