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

Authorization of Issue of Shelf Notes. The Company may authorize the issue of its senior promissory notes (the “Shelf Notes”) in the aggregate principal amount of up to $200,000,000, (i) to be dated the date of issue thereof, (ii) to mature, in the case of each Fixed Rate Note so issued, no more than 12 years after the date of original issuance thereof and, in the case of each Floating Rate Note so issued, no more than 10 years after the date of original issuance thereof, (iii) to have an average life, in the case of each Fixed Rate Note so issued, of no more than 12 years after the date of original issuance thereof and, in the case of each Floating Rate Note so issued, of no more than 10 years after the date of original issuance thereof, (iv) to bear interest on the unpaid balance thereof from the date thereof, in the case of each Shelf Note so issued, at the rate per annum set forth in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.A(6) or, upon the occurrence and during continuance of an Event of Default and subject to the other conditions set forth in such Shelf Note, at the Default Rate set forth in such Shelf Note, (v) 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 paragraph 2A(6), and (vi) to be substantially in the form of Schedule 1-A in the case of Fixed Rate Notes or Schedule 1-B in the case of Floating Rate Notes. Notwithstanding anything to the contrary contained herein, the Company acknowledges that a given Purchaser may require a shorter maturity or average life as a condition to its participation

Appears in 1 contract

Samples: Guaranty Agreement (Graco Inc)

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Authorization of Issue of Shelf Notes. The Company may authorize has authorized the issue issue, from time to time, of its additional senior promissory notes (the Shelf Notes’, such term to include any notes issued in substitution thereof pursuant to Section 13 of this Agreement) in with the aggregate principal amount of up Notes outstanding at any time not to exceed $200,000,000300,000,000, (i) to be dated the date of issue thereof, (ii) to mature, in the case of each Fixed Rate Shelf Note so issued, no more than 12 years after the date of original issuance thereof and, in the case of each Floating Rate Note so issued, no more than 10 20 years after the date of original issuance thereof, (iii) to have an average life, in the case of each Fixed Rate Shelf Note so issued, of no more than 12 years after the date of original issuance thereof and, in the case of each Floating Rate Note so issued, of no more than 10 15 years after the date of original issuance thereof, (iv) to bear interest on the unpaid balance thereof from the date thereof, in the case of each Shelf Note so issued, thereof at the rate per annum set forth in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.A(6) orannum, upon the occurrence and during continuance of an Event of Default and subject to the other conditions set forth in such Shelf Note, at the Default Rate set forth in such Shelf Note, (v) 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 paragraph 2A(6)Section 2.7, and (vi) to be substantially in the form of Schedule Exhibit 1-A E attached hereto. The term ‘Notes’ as used herein shall include each Existing Note, each Series D Note and each Shelf Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the case of Fixed Rate Notes or Schedule 1-B in same final maturity, (ii) the case of Floating Rate Notes. Notwithstanding anything to same installment payment dates, (iii) the contrary contained herein, the Company acknowledges that a given Purchaser may require a shorter maturity or average life same installment payment amounts (as a condition to its participationpercentage of the original principal amount of each Note), (iv) the same interest rate, (v) the same interest payment periods and (vi) the same original date of issuance, are herein called a ‘Series’ of Notes.”

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Mdu Resources Group Inc)

Authorization of Issue of Shelf Notes. The Company may authorize has authorized the issue issue, from time to time, of its additional senior promissory notes (the Shelf Notes’, such term to include any notes issued in substitution thereof pursuant to Section 13 of this Agreement) in with the aggregate principal amount of up Notes outstanding at any time not to exceed $200,000,000, (i) to be dated the date of issue thereof, (ii) to mature, in the case of each Fixed Rate Shelf Note so issued, no more than 12 years after the date of original issuance thereof and, in the case of each Floating Rate Note so issued, no more than 10 20 years after the date of original issuance thereof, (iii) to have an average life, in the case of each Fixed Rate Shelf Note so issued, of no more than 12 years after the date of original issuance thereof and, in the case of each Floating Rate Note so issued, of no more than 10 15 years after the date of original issuance thereof, (iv) to bear interest on the unpaid balance thereof from the date thereof, in the case of each Shelf Note so issued, thereof at the rate per annum set forth in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.A(6) orannum, upon the occurrence and during continuance of an Event of Default and subject to the other conditions set forth in such Shelf Note, at the Default Rate set forth in such Shelf Note, (v) 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 paragraph 2A(6)Section 2.7, and (vi) to be substantially in the form of Schedule Exhibit 1-A E attached hereto. The term ‘Notes’ as used herein shall include each Existing Note, each Series D Note and each Shelf Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. Notes which have (i) the case of Fixed Rate Notes or Schedule 1-B in same final maturity, (ii) the case of Floating Rate Notes. Notwithstanding anything to same installment payment dates, (iii) the contrary contained herein, the Company acknowledges that a given Purchaser may require a shorter maturity or average life same installment payment amounts (as a condition to its participationpercentage of the original principal amount of each Note), (iv) the same interest rate, (v) the same interest payment periods and (vi) the same original date of issuance, are herein called a ‘Series’ of Notes.”

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Mdu Resources Group Inc)

Authorization of Issue of Shelf Notes. The Company may Each of the Co-Issuers will, jointly and severally with each other Co-Issuer, authorize the issue of its senior promissory notes (the “Shelf Notes”) in the aggregate principal amount of up to $200,000,00060,000,000, (i) to be dated the date of issue thereof, (ii) to mature, in the case of each Fixed Rate Shelf Note so issued, no more than 12 years after the date of original issuance thereof and, in the case of each Floating Rate Note so issued, no more than 10 7 years after the date of original issuance thereof, (iii) to have an average life, in the case of each Fixed Rate Shelf Note so issued, of no more than 12 years after the date of original issuance thereof and, in the case of each Floating Rate Note so issued, of no more than 10 7 years after the date of original issuance thereof, (iv) to bear interest on the unpaid balance thereof from the date thereof, in the case of each Shelf Note so issued, thereof at the rate per annum set forth in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.A(6) orannum, upon the occurrence and during continuance of an Event of Default and subject to the other conditions set forth in such Shelf Note, at the Default Rate set forth in such Shelf Note, (v) 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 paragraph 2A(6)2E, and (vi) to be substantially in the form of Schedule 1-Exhibit A 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. Shelf Notes which have (i) the case of Fixed Rate Notes or Schedule 1-B in the case of Floating Rate Notes. Notwithstanding anything to the contrary contained herein, the Company acknowledges that a given Purchaser may require a shorter maturity or average life as a condition to its participationsame final

Appears in 1 contract

Samples: Drew Industries Inc

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Authorization of Issue of Shelf Notes. The Company may authorize also has authorized the issue of its additional senior promissory notes (together with any other Notes hereafter purchased and sold pursuant to this Agreement as contemplated by the third sentence of Section 2.1(c), the “Shelf Notes”) in the aggregate principal amount of up to $200,000,000), (i) each Shelf Note to be dated the date of issue thereof, (ii) ; to mature, in the case of each Fixed Rate Note so issued, no more than 12 years after the date of original issuance thereof and, in the case of each Floating Rate Note so issued, no more than 10 15 years after the date of original issuance thereof, (iii) ; to have an average life, in the case of each Fixed Rate Note note so issued, of no more than 12 13 years after the date of original issuance thereof and, in (provided that up to $50,000,000 aggregate principal amount of the case Notes may have an average life of each Floating Rate Note so issued, of no more than 10 15 years after the date of original issuance thereof, (iv) ); to bear interest on the unpaid balance thereof from the date thereof, in the case of each Shelf Note so issued, thereof at the rate per annum set forth in the Confirmation of Acceptance with respect to such Shelf Note delivered pursuant to Section 2.A(6) orannum, upon the occurrence and during continuance of an Event of Default and subject to the other conditions set forth in such Shelf Note, at the Default Rate set forth in such Shelf Note, (v) 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 paragraph 2A(6), Section 2.6; and (vi) to be substantially in the form of Schedule Exhibit 1-F attached hereto. The term “Notes” as used herein shall include each Series A Note, Series B Note, Series C Note, Series D Note, Series E Note and Shelf Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Series A Note, Series B Note, Series C Note, Series D Note, Series E Note and Shelf Note pursuant to any such provision. Notes which have (i) the case of Fixed Rate Notes or Schedule 1-B in same final maturity, (ii) the case of Floating Rate Notes. Notwithstanding anything to same installment payment dates, (iii) the contrary contained herein, the Company acknowledges that a given Purchaser may require a shorter maturity or average life same installment payment amounts (as a condition to its participationpercentage of the original principal amount of each Note), (iv) the same interest rate, (v) the same interest payment periods, and (vi) the same original date of issuance are herein called a “Series” of Notes.

Appears in 1 contract

Samples: Master Shelf Agreement (Mdu Resources Group Inc)

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