Common use of Authorization of Issue of Shelf Notes Clause in Contracts

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e), to be substantially in the form of Exhibit 1-C attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this Agreement. 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, (v) the same interest payment periods, (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De), Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De)

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Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)50,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 10 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 7 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e)2.2.6., but with interest at the Default Rate if an Event of Default has occurred and is continuing and at the Default Rate on any overdue Yield Maintenance Amount and interest, and to be substantially in the form of Exhibit 1-C 1.2 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 2 contracts

Samples: Shelf Agreement (Nn Inc), Note Purchase Agreement (Nn Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)150,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), but with interest at the Default Rate if an Event of Default has occurred and is continuing and at the Default Rate on any overdue Make Whole Amount and interest, and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/), Joinder Agreement (Tractor Supply Co /De/)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, ,” such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the an aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)0, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 8 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e), and to be substantially in the form of Exhibit 1-C attached hereto1(c). The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementNote. Notes which have (ia) the same final maturity, (iib) the same principal prepayment dates, (iiic) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (ivd) the same interest rate, (ve) the same interest payment periods, (vi) the same currency specification periods and (viif) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes. 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.

Appears in 2 contracts

Samples: Collateral Agency Agreement (Modine Manufacturing Co), Modine Manufacturing Co

Authorization of Issue of Shelf Notes. The Company will may authorize the issue of its additional senior promissory notes (as amended, restated, supplemented or otherwise modified from time to time, the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 sixteen years after from the date of original issuance thereofissuance, to have an average life, in the case of each Shelf Note so issued, of no more than 15 years after the date of original issuance thereofsixteen 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C attached heretoA-4. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A 2001 Agreement Note, each Series B AX Note, each Series BX Note, each Series CX Note, each Series D Note and each Shelf Note delivered pursuant to any provision of the 2001 Agreement, the 2006 Agreement or this Agreement, as applicable, 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (Alexander & Baldwin Inc), Note Purchase and Private Shelf Agreement (Alexander & Baldwin Holdings, Inc.)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)30,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 ten years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 ten 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e), paragraph 2B(6) and to be substantially in the form of Exhibit 1-C A-1 attached hereto. The terms "Note" and "Notes" as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Stanley Furniture Co Inc/

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)50,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 fifteen and one half (15.5) years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 fifteen and one half (15.5) years after the date of original issuance thereof, to have an amortization of no more than $50,000,000 in any calendar year when aggregated with the amortization of all Notes then issued and outstanding under this Agreement, 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e), to be substantially in the form of Exhibit Schedule 1-C attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (RPT Realty)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13"SHELF NOTES") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)40,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e)paragraph 2E, and to be substantially in the form of Exhibit 1-C A attached hereto. The terms “Note” "SHELF NOTE" and “Notes” "SHELF NOTES" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "NOTE" and "NOTES" as used herein shall include each Series A Note, each Series B Note, Series C Note, Series D Note, Series E Note, Series F Note, Series G Note, Series H Note, Series I Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a “Series” "SERIES" of Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Regis Corp)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)150,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), but with interest at the Default Rate if an Event of Default has occurred and is continuing and at the Default Rate on any overdue Make Whole Amount and interest, and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/)

Authorization of Issue of Shelf Notes. The Company will authorize has authorized the issue of (but, except as provided in paragraph 2(B)7 will not be obligated to issue) its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up to $50,000,000 70,000,000 (or its equivalent in the Accepted CurrenciesCanadian Dollar Equivalent), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 5 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-2 attached heretohereto in the case of Notes denominated in American Dollars and substantially in the form of Exhibit A-2 attached hereto in the case of notes denominated in Canadian Dollars. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Ace Hardware Corp)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)70,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-3 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A F Note, each Series B G Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (CHS Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior unsecured promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)25,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 ten years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 seven 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Waste Industries Inc

Authorization of Issue of Shelf Notes. The Company will authorize has authorized the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 1314) in the aggregate principal amount of up to $50,000,000 95,000,000 (or its including the equivalent in the Accepted CurrenciesApplicable Currencies as determined in accordance with Section 3.2(a)), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 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, to be in the Applicable Currency and to have such other particular terms, as shall be set forth, in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e3.2(e), to be substantially in the form of Exhibit 1-C attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf 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, (v) the same interest payment periodsdates, (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Multi Currency Note Purchase and Private Shelf Agreement (MSA Safety Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13" ) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)25,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Manitowoc Co Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue in one or more series of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the an aggregate principal amount of up not to exceed $50,000,000 (or its equivalent in the Accepted Currencies)50,000,000, to be dated the date of issue thereof, to maturehave a final maturity date, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average lifea Weighted Average Life to Maturity, in the case of each Shelf Note so issued, of no more than 15 10 years after the date of original issuance thereof, to bear interest on the unpaid balance thereof from the date thereof at the applicable rate per annum, and to have such other particular terms, as shall be set forth, in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e2(b)(v), and to be substantially in the form of Exhibit 1-C 1C attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes. 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; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Tiffany & Co)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, ,” such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the an aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)25,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 8 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e), and to be substantially in the form of Exhibit 1-C attached hereto1(b). The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementNote. Notes which have (ia) the same final maturity, (iib) the same principal prepayment dates, (iiic) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (ivd) the same interest rate, (ve) the same interest payment periods, (vi) the same currency specification periods and (viif) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Intercreditor Agreement (Modine Manufacturing Co)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13"SHELF NOTES") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)40,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2A(6), and to be substantially in the form of Exhibit 1-C A attached hereto. The terms “Note” "SHELF NOTE", "SHELF NOTES", "NOTE" and “Notes” "NOTES", as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a “Series” "SERIES" of Notes. 7 2.

Appears in 1 contract

Samples: Movado Group Inc

Authorization of Issue of Shelf Notes. The Company will authorize the issue in one or more series of its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the an aggregate principal amount of up not to exceed $50,000,000 (or its equivalent in the Accepted Currencies)100,000,000, to be dated the date of issue thereof, to maturehave a final maturity date, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average lifea Weighted Average Life to Maturity, in the case of each Shelf Note so issued, of no more than 15 10 years after the date of original issuance thereof, to bear interest on the unpaid balance thereof from the date thereof at the applicable rate per annum, and to have such other particular terms, as shall be set forth, in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e2(b)(v), and to be substantially in the form of Exhibit 1-C 1B attached hereto. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes. 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; and references to a "Section" are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Tiffany & Co)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 30,000,000 (or its equivalent in the Accepted Currencies"SHELF NOTES"), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 seven years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 seven 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C EXHIBIT A-2 attached hereto. The terms “Note” "SHELF NOTE" and “Notes” "SHELF NOTES" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "NOTE" and "NOTES" as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a “Series” "SERIES" of Notes.

Appears in 1 contract

Samples: Shelf Agreement (National Consumer Cooperative Bank /Dc/)

Authorization of Issue of Shelf Notes. The Company will authorize has authorized the issue of its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)400,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 twenty years after from the date of original issuance thereofissuance, to have an average life, in the case of each Shelf Note so issued, of no more than 15 years after the date of original issuance thereoffifteen 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-4 attached hereto. The terms "Shelf Note" and "Shelf Notes" as used ----------- herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each Series A NoteA, each Series B and C Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Alexander & Baldwin Inc

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13"SHELF NOTES") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)10,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no less than three and more than 15 ten years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 eight 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C EXHIBIT A-4 attached hereto. The terms “Note” "SHELF NOTE" and “Notes” "SHELF NOTES" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "NOTE" and "NOTES" as used herein shall include each Series A Note, each Series B Note, each Series C Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a “Series” "SERIES" of Notes.

Appears in 1 contract

Samples: Binding Agreement (Consolidated Products Inc /In/)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior secured promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)25,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e2.2(f), and to be substantially in the form of Exhibit 1-C B attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Guaranty Agreement (Primoris Services Corp)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13"SHELF NOTES") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)25,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 10 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 7 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e2.2(5), and to be substantially in the form of Exhibit 1-C A-4 attached hereto. The terms “Note” "SHELF NOTE" and “Notes” "SHELF NOTES" as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "NOTE" and "NOTES" as used herein shall include each Series C Note, each Series D Note, each Series E Note and each Shelf Note. 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a “Series” "SERIES" of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Schawk Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)100,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementNote. 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Nordson Corp)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)25,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 ten years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 ten 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e), paragraph 2B(6) and to be substantially in the form of Exhibit 1-C B attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Series A Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each 2001 Note, each Series B AA Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Stanley Furniture (Stanley Furniture Co Inc.)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13"SHELF NOTES") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)55,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms “Note” "SHELF NOTE" and “Notes” "SHELF NOTES" as used herein shall include each Series A Note, Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "NOTE" and "NOTES" as used herein shall include each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a “Series” "SERIES" of Notes.

Appears in 1 contract

Samples: Cenex Harvest States Cooperatives

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)50,000,000, to be dated the date of issue thereof, to maturehave a final maturity date, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average lifea Weighted Average Life to Maturity, in the case of each Shelf Note so issued, of no more than 15 10 years after the date of original issuance thereof, to bear interest on the unpaid balance thereof from the date thereof at the applicable rate per annum, and to have such other particular terms, as shall be set forth, in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e2(b)(v), and to be substantially in the form of Exhibit 1-C 1B attached hereto. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes. 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; and references to a "Section" are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Tiffany & Co)

Authorization of Issue of Shelf Notes. The Company will authorize has authorized the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 1314) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)50,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e), to be substantially in the form of Exhibit 1-C B attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, dates and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Safety Appliances (Mine Safety Appliances Co)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (herein called the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)270,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 fifteen (15) years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 fifteen (15) 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, annum (and to have such other particular terms, terms consistent with the terms of this Agreement) as shall be set forth, in the case of each Shelf Note so issued, forth in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e)paragraph 2F, and to be substantially in the form of Exhibit 1-C A-4 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” or “Notes” as used herein shall include each Shelf Note (whether designated a Series A Note, Series B Note or Series C Note, etc.) 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, (v) the same interest payment periods, and (vi) the same currency specification and (vii) the same date of issuance (which, which are otherwise designated a “Series” hereunder or in the case Confirmation of a Note issued in substitution, exchange Acceptance whether or replacement for another Note, shall be deemed for these purposes not the date on which such Note’s ultimate predecessor Note was issued)foregoing conditions are satisfied, are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase And (Applied Industrial Technologies Inc)

Authorization of Issue of Shelf Notes. The Company will may authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the such aggregate principal amount that Company and Prudential may mutually agree (in their sole and absolute discretion) as set forth in a written amendment to this Agreement expressly referring to this paragraph. To the extent the Company and Prudential shall agree on the issuance of up to $50,000,000 (or its equivalent in the Accepted Currencies)additional Shelf Notes, to then such Shelf Note shall be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, mature no more than 15 ten years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, life of no more than 15 ten 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e), paragraph 2B(6) and to be substantially in the form of Exhibit 1-C B attached heretoto the Original Agreement. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A 2001 Note, each Series B AA Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Stanley Furniture (Stanley Furniture Co Inc.)

Authorization of Issue of Shelf Notes. The Company will authorize has authorized the issue of its additional senior promissory notes from time to time (collectively, the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 1314) in the aggregate principal amount of up to $50,000,000 335,000,000 (or its including the equivalent in the Accepted CurrenciesApplicable Currencies as determined in accordance with Section 3.2(a)), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 13 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, to be in the Applicable Currency and to have such other particular terms, as shall be set forth, in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e3.2(e), to be substantially in the form of Exhibit 1-C D attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note, each Series C Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf 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, (v) the same interest payment periodsdates, (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Msa Safety Incorporated (MSA Safety Inc)

Authorization of Issue of Shelf Notes. The Company will may authorize the issue of its additional senior unsecured promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)95,000,000, each Shelf Note to be dated the date of issue thereof, to mature, (x) in the case of each Shelf Note so issuedissued bearing a fixed rate of interest (each, a “Fixed Rate Shelf Note”), to mature no more than 15 twelve years after the date of original issuance thereof, thereof and to have an average life, life of no more than ten years after the date of original issuance thereof or (y) in the case of each Shelf Note so issuedissued bearing a floating rate of interest (each, a “Floating Rate Shelf Note”), to mature no more than five years after the date of original issuance thereof and to have an average life of no more than 15 five 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e)paragraph 2G, and to be substantially in the form of Exhibit 1-C A-2 attached heretohereto in the case of a Fixed Rate Shelf Note and Exhibit A-3 in the case of a Floating Rate Shelf Note. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Issued Series A Note and each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Issued Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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 raterate option (fixed or floating), (v) the same interest payment periodsrate (in the case of Fixed Rate Shelf Notes) or the same LIBOR Rate Margin and Base Rate Margin (in the case of Floating Rate Shelf Notes), (vi) the same currency specification interest payment periods (in the case of Fixed Rate Shelf Notes) or the same Interest Periods (in the case of Floating Rate Shelf Notes) and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Watsco Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)210,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 years after the date of original issuance thereof, to bear interest on the unpaid balance thereof from the date thereof at the rate per annumannum and to pay interest on a semiannual basis, and to have such other particular terms, as shall be set forth, in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e2.2(f), and to be substantially in the form of Exhibit 1-C D attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A II Note, each Series B JJ Note, Series KK Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same semiannual interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.. Tortoise Energy Infrastructure Corporation Note Purchase and Private Shelf Agreement

Appears in 1 contract

Samples: Tortoise Energy Infrastructure Corp

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)75,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 10 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 8 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A attached hereto. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Series A Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note, each Series B Note " and "Notes" as used herein shall include the Existing Notes and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Note Purchase And (Steak & Shake Co)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)Available Facility Amount, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 thirteen (13) years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 thirteen (13) 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementNote. 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Agreement (Centerspace)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up to $50,000,000 (or its the equivalent in the Accepted Available Currencies), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 fifteen years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 twelve 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-3 attached hereto. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, (vi) the same currency specification denomination and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Dentsply International Inc /De/

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)50,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 10 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 7 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e), to be substantially in the form of Exhibit 1-C 1.2 attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B 2010 Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (ia) the same final maturity, (iib) the same principal prepayment dates, (iiic) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (ivd) the same interest rate, (ve) the same interest payment periods, (vif) the same currency specification and (viig) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Checkpoint Systems Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)50,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 25 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 20 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Series A Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note, " and "Notes" as used herein shall include each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Ruddick Corp

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior secured promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)100,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 10 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2A(5), and to be substantially in the form of Exhibit 1-C A attached hereto. The terms “Shelf Note”, “Shelf Notes”, “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. Shelf 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 Shelf Note), (iv) the same interest rate, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Shelf Note issued in substitution, exchange or replacement for another Shelf Note, shall be deemed for these purposes the date on which such Shelf Note’s ultimate predecessor Shelf Note was issued), are herein called a “Series” of Shelf Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Advanced Drainage Systems, Inc.)

Authorization of Issue of Shelf Notes. The Company will may authorize the issue of its additional senior promissory notes (as amended, restated, supplemented or otherwise modified from time to time, the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount paragraph 12D of up to $50,000,000 (or its equivalent in the Accepted Currenciesthis Agreement), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 sixteen years after from the date of original issuance thereofissuance, to have an average life, in the case of each Shelf Note so issued, of no more than 15 years after the date of original issuance thereofsixteen 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C attached hereto. A. The terms “Note” and “Notes” as used herein shall include each Series A AX Note, each Series B BX Note, each Series CX Note, each Series D Note, each Series E Note, each Series F Note and each Shelf Note delivered pursuant to any provision of this AgreementNote. 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Alexander & Baldwin, Inc.

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Authorization of Issue of Shelf Notes. The Company will may authorize the issue of its additional senior guaranteed promissory notes (as amended, restated, supplemented or otherwise modified from time to time, the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount paragraph 11D of up to $50,000,000 (or its equivalent in the Accepted Currenciesthis Agreement), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 thirty years after from the date of original issuance thereofissuance, to have an average life, in the case of each Shelf Note so issued, of no more than 15 years after the date of original issuance thereoffifteen 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms Series B Notes, the Series C Notes, the Series D Notes and the Shelf Notes are referred to collectively as the “Notes” and the term “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant refers to any provision one of this Agreementthem. 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, substitution or exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: And Private Shelf Agreement (Matson, Inc.)

Authorization of Issue of Shelf Notes. The Company will may authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)17,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 20 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 20 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e2.2(f), and to be substantially in the form of Exhibit 1-C B attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Delta Natural Gas Co Inc

Authorization of Issue of Shelf Notes. The Company will authorize has authorized the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 1314) in the aggregate principal amount of up to $50,000,000 95,000,000 (or its including the equivalent in the Accepted CurrenciesApplicable Currencies as determined in accordance with Section 3.2(a)), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 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, to be in the Applicable Currency and to have such other particular terms, as shall be set forth, in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e3.2(e), to be substantially in the form of Exhibit 1-C attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf 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, (v) the same interest payment periodsdates, (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes. 3.2.

Appears in 1 contract

Samples: Note Purchase Agreement

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior secured promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)100,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 10 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(6), and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Hilb Rogal & Hobbs Co

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)200,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no less than 6 years and no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e)paragraph 2E, and to be substantially in the form of Exhibit 1-C A attached hereto. The terms “Shelf Note”, “Note”, “Shelf Notes” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Corn Products International Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)Available Facility Amount, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 twelve (12) years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 twelve (12) 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), but with interest at the Default Rate if an Event of Default has occurred and is continuing and at the Default Rate on any overdue Make Whole Amount and interest, and to be substantially in the form of Exhibit 1-C A-5 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note, each Series C Note, each Series D Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Saia Inc

Authorization of Issue of Shelf Notes. The Company will may authorize the issue of its additional senior promissory notes (as amended, restated, supplemented or otherwise modified from time to time, the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount paragraph 12D of up to $50,000,000 (or its equivalent in the Accepted Currenciesthis Agreement), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 sixteen years after from the date of original issuance thereofissuance, to have an average life, in the case of each Shelf Note so issued, of no more than 15 years after the date of original issuance thereofsixteen 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C attached heretoA-2. The terms “Note” and “Notes” as used herein shall include each Series A AX Note, each Series B BX Note, each Series CX Note, each Series F Note, each Series G Note, each Series H Note, each Series I Note, each Series J Note, each Series K Note, each Series L Note, each Series M Note and each Shelf Note delivered pursuant to any provision of this AgreementNote. 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Alexander & Baldwin, Inc.)

Authorization of Issue of Shelf Notes. The Company will authorize has authorized the issue of its additional senior promissory notes (from time to time (collectively, the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 1314) in the aggregate principal amount of up to $50,000,000 95,000,000150,000,000 (or its including the equivalent in the Accepted CurrenciesApplicable Currencies as determined in accordance with Section 3.2(a)), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 1213 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, to be in the Applicable Currency and to have such other particular terms, as shall be set forth, in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e3.2(e), to be substantially in the form of Exhibit 1-C attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf 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, (v) the same interest payment periodsdates, (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Guarantee Agreement (MSA Safety Inc)

Authorization of Issue of Shelf Notes. The Company will may authorize the issue of its additional senior promissory notes (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)50,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 fifteen years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 twelve 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-4 attached hereto. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each Series A Note, each Series B Note, each Series C Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Varian Medical Systems Inc

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 75,000,000 (or its including the equivalent in the Accepted Available Currencies), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e), to be substantially in the form of Exhibit 1-C D attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note, each Series C Note and each Shelf Note delivered pursuant to any provision of this Agreement. 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, (v) the same interest payment periods, (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 the Available Facility Amount (or its equivalent in the Accepted Currenciesas defined below), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), but with interest at the Default Rate if an Event of Default has occurred and is continuing and at the Default Rate on any overdue Make Whole Amount and interest, and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Old Dominion Freight Line, Inc.

Authorization of Issue of Shelf Notes. The Company Issuers will authorize the issue of its additional their senior secured promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)Available Facility Amount, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12.5 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12.5 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, forth in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e)paragraph 2A(5) but with interest at the Default Rate if an Event of Default has occurred and is continuing and at 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 1-C A attached hereto. The terms term NoteNotes” and “Shelf Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note such senior secured promissory note delivered pursuant to any provision of this AgreementAgreement and each such senior secured promissory note delivered in substitution or exchange for any other Note ​ pursuant to any such provision. Notes which have (ia) the same final maturity, (iib) the same principal prepayment dates, (iiic) the same principal prepayment amounts (as a percentage of the original principal amount of each Note), (ivd) the same interest rate, (ve) the same interest payment periods, (vi) the same currency specification periods and (viif) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Winmark Corp)

Authorization of Issue of Shelf Notes. The Company will Co-Issuers shall authorize the issue of its additional senior promissory notes of the Co-Issuers (the "Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13") in the aggregate principal amount of up $75,000,000, to $50,000,000 (or its equivalent in be a joint and several obligation of the Accepted Currencies)Co-Issuers, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-3 attached hereto. The terms "Shelf Note" and "Shelf Notes" as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms "Note" and "Notes" as used herein shall include each Series A B Note, each Series B C Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a "Series" of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Cedar Fair L P)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in 150,000,000 less the Accepted Currencies)aggregate principal amount of Series B Notes issued on the Series B Closing Day, to be dated the date of issue thereof, to maturehave a final maturity date, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average lifea Weighted Average Life to Maturity, in the case of each Shelf Note so issued, of no more than 15 10 years after the date of original issuance thereof, to bear interest on the unpaid balance thereof from the date thereof at the applicable rate per annum, and to have such other particular terms, as shall be set forth, in the case of each Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e2(b)(v), and to be substantially in the form of Exhibit 1-C 1C attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes. 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; and references to a “Section” are, unless otherwise specified, references to a Section of this Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Tiffany & Co)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior secured promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies), 10,000,000; to be dated the date of issue thereof, ; to mature, in the case of each Shelf Note so issued, no more than 15 10 years after the date of original issuance thereof, ; to have an average life, in the case of each Shelf Note so issued, of no more than 15 8 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 Shelf Note so issued, forth in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e), paragraph 2F; and to be substantially in the form of Exhibit 1-C A-4 attached hereto. The terms term Note” and “Shelf Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The term “Notes” as used in this Agreement shall mean any Series A Note, any Series B Note, any Series C Note or any Shelf Note. 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, (v) the same interest payment periods, and (vi) the same currency specification and (vii) the same original date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes. Capitalized terms used herein have the meanings specified in paragraph 10.

Appears in 1 contract

Samples: Master Shelf Agreement (Crosstex Energy Lp)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior secured promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)80,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 twelve (12) years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 ten (10) 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2A(5), and to be substantially in the form of Exhibit 1-C A attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. Shelf 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 Shelf Note), (iv) the same interest rate, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Shelf Note issued in substitution, exchange or replacement for another Shelf Note, shall be deemed for these purposes the date on which such Shelf Note’s ultimate predecessor Shelf Note was issued), are herein called a “Series” of Shelf Notes.

Appears in 1 contract

Samples: Private Shelf Agreement (Tennant Co)

Authorization of Issue of Shelf Notes. The Company will authorize has authorized the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)175,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e), to be substantially in the form of Exhibit 1-C B attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, dates and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (MSA Safety Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)200,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 13 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e2.1(f), and to be substantially in the form of Exhibit 1-C 1 attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes. 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.

Appears in 1 contract

Samples: Private Shelf Agreement (Oceaneering International Inc)

Authorization of Issue of Shelf Notes. The Company will may authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)then applicable Available Facility Amount, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-3 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementNote. 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Guaranty Agreement (Oil-Dri Corp of America)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior secured promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)then applicable Available Facility Amount, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 10 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2A(5), and to be substantially in the form of Exhibit 1-C A attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this Agreement. 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 Shelf Note), (iv) the same interest rate, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Shelf Note issued in substitution, exchange or replacement for another Shelf Note, shall be deemed for these purposes the date on which such Shelf Note’s ultimate predecessor Shelf Note was issued), are herein called a “Series” of Shelf Notes. The terms “Shelf Note” and “Shelf Notes”, “Note” and “Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision and, without limiting the foregoing, the terms “Note” and “Notes” as used herein shall include each Existing Note, each note delivered in substitution or exchange for any such Existing Note pursuant to this Agreement and each Shelf Note.

Appears in 1 contract

Samples: Private Shelf Agreement (Advanced Drainage Systems, Inc.)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (together with any notes issued in substitution, replacement or exchange therefor pursuant to paragraph 12D, the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 115,000,000 (or its including the equivalent thereof in the Accepted Available Currencies), to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 twelve (12) years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 ten (10) 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement and each Note delivered in substitution, replacement or exchange for any such Note pursuant to any such provision, as such Notes are amended, restated or otherwise modified from time to time. 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, (v) the same interest payment periods, (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Sharing Agreement (Kadant Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the an aggregate principal amount of up not to $50,000,000 (or its equivalent in exceed the Accepted Currencies)Available Facility Amount, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 10.5 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10.5 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e), and to be substantially in the form of Exhibit Schedule 1-C attached hereto. B. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Allient Inc)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)15,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 ten years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 7 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e), paragraph 2B(6) and to be substantially in the form of Exhibit 1-C A-2 attached hereto. The terms “Note” Shelf Note and “Notes” Shelf Notes as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms Note and Notes as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s 's ultimate predecessor Note was issued), are herein called a “Series” Series of Notes.

Appears in 1 contract

Samples: Stanley Furniture (Stanley Furniture Co Inc/)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)50,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 12 years after the date of original issuance thereof, to have an amortization of no more than $50,000,000 in any calendar year when aggregated with the amortization of all Notes then issued and outstanding under this Agreement, 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Note delivered pursuant to Section 2.2(e), to be substantially in the form of Exhibit Schedule 1-C attached hereto. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Ramco Gershenson Properties Trust)

Authorization of Issue of Shelf Notes. The Company Issuer will from time to time authorize the issue and sale of its additional senior promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)Available Facility Amount at such time, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 12 years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 10 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(e), and to be substantially in the form of Exhibit 1-C Schedule 1.2 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Note and each Shelf Note delivered pursuant to any provision of this AgreementNote. 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes. Certain capitalized and other terms used in this Agreement are defined in Schedule A and, for purposes of this Agreement, the rules of construction set forth in Section 22.4 shall govern.

Appears in 1 contract

Samples: Guaranty Agreement (Davey Tree Expert Co)

Authorization of Issue of Shelf Notes. The Company will authorize the issue of its additional senior unsecured promissory notes (the “Shelf Notes”, such term to include any such notes issued in substitution or exchange therefor or replacement thereof pursuant to Section 13) in the aggregate principal amount of up to $50,000,000 (or its equivalent in the Accepted Currencies)25,000,000, to be dated the date of issue thereof, to mature, in the case of each Shelf Note so issued, no more than 15 ten years after the date of original issuance thereof, to have an average life, in the case of each Shelf Note so issued, of no more than 15 seven 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 Shelf Note so issued, in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.2(eparagraph 2B(5), and to be substantially in the form of Exhibit 1-C A-3 attached hereto. The terms “Shelf Note” and “Shelf Notes” as used herein shall include each Shelf Note delivered pursuant to any provision of this Agreement and each Shelf Note delivered in substitution or exchange for any such Shelf Note pursuant to any such provision. The terms “Note” and “Notes” as used herein shall include each Series A Note, each Series B Exchange Note and each Shelf Note delivered pursuant to any provision of this AgreementAgreement 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, (v) the same interest payment periods, periods and (vi) the same currency specification and (vii) the same date of issuance (which, in the case of a Note issued in substitution, exchange or replacement for another Note, shall be deemed for these purposes the date on which such Note’s ultimate predecessor Note was issued), are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Note Purchase And (Waste Industries Usa Inc)

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