Common use of Establishment Clause in Contracts

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.250% Senior Notes due 2029.” (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (f) With respect to the Notes only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes as set forth in this Second Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Supplemental Indenture; To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notes. (g) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Second Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2504.125% Senior Notes due 20292030 (the “Notes”). (b) There are is to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 500.0 million aggregate principal amount of Notes issued on the date hereof (the “Initial Notes”). (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second Eleventh Supplemental Indenture, including as follows: (i) The the provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV Article IV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, Section 8.06 of this Second Eleventh Supplemental Indenture; (ii) The the provisions of Article VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 of this Eleventh Supplemental Indenture; (iii) the provisions of Article IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 of this Eleventh Supplemental Indenture; (iv) the provisions of Article X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 4 of this Eleventh Supplemental Indenture; (v) the provisions of Article XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 of this Eleventh Supplemental Indenture; (vi) the provisions of Article XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 3 of this Eleventh Supplemental Indenture; (vii) the provisions in Sections 501 and 502 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 of this Eleventh Supplemental Indenture; (viii) the provisions in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 of this Eleventh Supplemental Indenture; (ix) the provisions of Article XII of the Base Indenture shall not be applicable to the Notes; (x) the provisions of Article XVI of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Eleventh Supplemental Indenture; and (xi) the form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Eleventh Supplemental Indenture; . To the extent that the provisions of this Second Eleventh Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Eleventh Supplemental Indenture shall govern and be controlling, solely with respect to the Notes (and any Guarantees endorsed thereon). (f) The Notes shall rank pari passu in right of payment with all of the Company’s existing and future Senior Debt, including the Debt Facility and the Existing Senior Notes and the Guarantees shall rank pari passu in right of payment with all existing and future Senior Debt of each Guarantor, including guarantees of the Debt Facility and the Existing Senior Notes. (g) Unless otherwise expressly specified, references in this Second Eleventh Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Eleventh Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Eleventh Supplemental Indenture (Central Garden & Pet Co)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2503.800% Senior Notes due 20292027.” (b) There are to be authenticated and delivered on the date hereof Three Seven Hundred Seventy Five and Fifty Million Dollars ($375,000,000750,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (f) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second First Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 9, 10 and 1011, of this Second First Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second First Supplemental Indenture; To the extent that the provisions of this Second First Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second First Supplemental Indenture shall govern and be controlling, solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (g) Unless otherwise expressly specified, references in this Second First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second First Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2506.125% Senior Notes due 20292023 (the “Notes”). (b) There are is to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 400.0 million aggregate principal amount of Notes issued on the date hereof (the “Initial Notes”). (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second Third Supplemental Indenture, including as follows: (i) The the provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV Article IV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, Section 8.06 of this Second Third Supplemental Indenture; (ii) The the provisions of Article VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 of this Third Supplemental Indenture; (iii) the provisions of Article IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 of this Third Supplemental Indenture; (iv) the provisions of Article X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 4 of this Third Supplemental Indenture; (v) the provisions of Article XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 of this Third Supplemental Indenture; (vi) the provisions of Article XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 3 of this Third Supplemental Indenture; (vii) the provisions in Sections 501 and 502 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 of this Third Supplemental Indenture; (viii) the provisions in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 of this Third Supplemental Indenture; (ix) the provisions of Article XII of the Base Indenture shall not be applicable to the Notes; (x) the provisions of Article XVI of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Third Supplemental Indenture; and (xi) the form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Third Supplemental Indenture; . To the extent that the provisions of this Second Third Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Third Supplemental Indenture shall govern and be controlling, solely with respect to the NotesNotes (and any Guarantees endorsed thereon). (f) The Notes shall rank pari passu in right of payment with all of the Company’s existing and future Senior Debt, including the Debt Facility and the Guarantees shall rank pari passu in right of payment with all existing and future Senior Debt of each Guarantor, including guarantees of the Debt Facility. (g) Unless otherwise expressly specified, references in this Second Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Third Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Third Supplemental Indenture (Central Garden & Pet Co)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Second Supplemental Indenture, to be designated as the Company’s “4.2505.00% Senior Notes due 20292026.” (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 500,000,000 aggregate principal amount of the Initial Notes. Additional Notes may be issued under this Second Supplemental Indenture after the date hereof in accordance with Section 2.04. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (ed) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (e) The Notes are to be issued in fully registered form only, without coupons, in denominations of $2,000 and integral multiples of $1,000 in excess thereof. (f) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 2012.1, 301 3.1 and 901 9.1 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II 2 of the Base Indenture shall be established in accordance with Article 2 II of this Second Supplemental Indenture; (ii) the provisions of Article 4 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII hereof; (iii) the provisions of Article 8 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V hereof; (iv) the provisions of Article 10 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article IV hereof; (v) the provisions of Article 11 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article III hereof; (vi) the provisions of Article 12 of the Base Indenture shall not be applicable to the Notes; (vii) the provisions of Article 13 of the Base Indenture shall be applicable to the Notes as specified in Section 9.01 of this Second Supplemental Indenture; (viii) the provisions of Sections 5.1, 5.2 and 5.6 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectively; (ix) the provisions of Section 7.4 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.08 hereof; (x) the provisions of Section 9.1 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.01 hereof; and (xi) the provisions of Section 9.2 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.02 hereof. To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (iixi) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (g) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Second Supplemental Indenture (Tenneco Inc)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2505.125% Senior Notes due 20292028 (the “Notes”). (b) There are is to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 300.0 million aggregate principal amount of Notes issued on the date hereof (the “Initial Notes”). (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second Seventh Supplemental Indenture, including as follows: (i) The the provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV Article IV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, Section 8.06 of this Second Seventh Supplemental Indenture; (ii) The the provisions of Article VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 of this Seventh Supplemental Indenture; (iii) the provisions of Article IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 of this Seventh Supplemental Indenture; (iv) the provisions of Article X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 4 of this Seventh Supplemental Indenture; (v) the provisions of Article XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 of this Seventh Supplemental Indenture; (vi) the provisions of Article XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 3 of this Seventh Supplemental Indenture; (vii) the provisions in Sections 501 and 502 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 of this Seventh Supplemental Indenture; (viii) the provisions in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 of this Seventh Supplemental Indenture; (ix) the provisions of Article XII of the Base Indenture shall not be applicable to the Notes; (x) the provisions of Article XVI of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Seventh Supplemental Indenture; and (xi) the form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Seventh Supplemental Indenture; . To the extent that the provisions of this Second Seventh Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Seventh Supplemental Indenture shall govern and be controlling, solely with respect to the Notes (and any Guarantees endorsed thereon). (f) The Notes shall rank pari passu in right of payment with all of the Company’s existing and future Senior Debt, including the Debt Facility and the Existing Senior Notes and the Guarantees shall rank pari passu in right of payment with all existing and future Senior Debt of each Guarantor, including guarantees of the Debt Facility and the Existing Senior Notes. (g) Unless otherwise expressly specified, references in this Second Seventh Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Seventh Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Seventh Supplemental Indenture (Central Garden & Pet Co)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2508 1/4% Senior Subordinated Notes due 20292018 (the “Notes”). (b) There are is to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 400 million aggregate principal amount of Notes issued on the date hereof (the “Initial Notes”). (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second First Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV Article IV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, Section 8.06 of this Second First Supplemental Indenture; (ii) The provisions of Article VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 of this First Supplemental Indenture; (iii) The provisions of Article IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 of this First Supplemental Indenture; (iv) The provisions of Article X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 4 of this First Supplemental Indenture; (v) The provisions of Article XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 of this First Supplemental Indenture; (vi) The provisions in Sections 501 and 502 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 of this First Supplemental Indenture; (vii) The provisions in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 of this First Supplemental Indenture; (viii) The provisions of Article XII of the Base Indenture shall not be applicable to the Notes; (ix) The provisions of Article XVI of the Base Indenture shall be applicable to the Notes as specified in Section 11.01 of this First Supplemental Indenture; and (x) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second First Supplemental Indenture; . To the extent that the provisions of this Second First Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second First Supplemental Indenture shall govern and be controlling, solely with respect to the Notes (and any Guarantees endorsed thereon). (f) The Notes shall rank pari passu with the Existing Senior Subordinated Notes and the Guarantees shall rank pari passu with the guarantees of the Existing Senior Subordinated Notes. (g) Unless otherwise expressly specified, references in this Second First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second First Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Central Garden & Pet Co)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Supplemental Indenture, to be designated as the Company’s “4.2506 7/8% Senior Notes due 20292020”. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 225,000,000 aggregate principal amount of the Initial Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.03. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) hereto (subject, in an unlimited amountthe case of Additional Notes, to revisions to reflect the terms thereof established in accordance with Section 2.03). (ed) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and the Subsidiary Guarantee) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 Section 2.01 thereof to establish the terms of the Notes (and the Subsidiary Guarantee) as set forth in this Second Supplemental Indenture, including as follows: (i) The the provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV Section 4.01 of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental IndentureSection 4.01 hereof; (ii) The form the provisions of Sections 4.05 and terms of the securities representing the Notes required to be established pursuant to Article II 4.06 of the Base Indenture are deleted in their entirety; (iii) the provisions of Section 4.07 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.02 hereof; (iv) the provisions of Section 4.08 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 hereof; (v) the provisions of Article V of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 hereof; (vi) the provisions of Sections 6.01 and 6.02 of the Base Indenture are deleted and replaced in their entirety by the provisions of Sections 6.01 and 6.02 hereof; (vii) the provisions of Sections 8.01 and 8.02 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 hereof; (viii) the provisions of Sections 9.01 and 9.02 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 9 hereof; (ix) payment by wire transfer of immediately available funds will be required with respect to principal of and interest and premium on all Global Securities and all other Notes the Holders of which shall have provided wire transfer instructions no later than 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its judgment) to the Company or the Paying Agent. All other payments on Notes will be established made at the office or agency of the Paying Agent and Registrar unless the Company elects to make interest payments by check mailed to the Holders at their respective addresses set forth in accordance with Article 2 of this Second Supplemental Indenture; the Security Register. To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and the Subsidiary Guarantee). (gf) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Briggs & Stratton Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2505.250% Senior Notes due 20292049.” (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Twenty Five Million Dollars ($375,000,000325,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (f) With respect to the Notes only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes as set forth in this Second Third Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Third Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Third Supplemental Indenture; To the extent that the provisions of this Second Third Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Third Supplemental Indenture shall govern and be controlling, solely with respect to the Notes. (g) Unless otherwise expressly specified, references in this Second Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Third Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Third Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the CompanyIssuer’s “4.2507.250% Senior Notes due 20292018. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars (up to $375,000,000) 450,000,000 aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.accordance with Article Two of this Supplemental Indenture. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided forfor on the applicable Notes, all as further provided in this Supplemental Indenture. (fe) With Solely with respect to the Notes onlyand the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2012.01, 301 2.02 and 901 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Second Supplemental Indenture, including as follows: (i1) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II Two of the Base Indenture shall be are established in accordance with pursuant to Article 2 Two of this Second Supplemental Indenture; To ; (2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Eleven of this Supplemental Indenture; (3) the provisions of Article Ten of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture); (4) to the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i2) and (ii3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notes.; (g5) Unless Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and (6) unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Fifteenth Supplemental Indenture (Alere Inc.)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Supplemental Indenture, to be designated as the Company’s “4.2504.000% Senior Notes due 20292028”. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 500,000,000 aggregate principal amount of the Initial Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.03. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (ed) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II TWO of the Base Indenture shall be established in accordance with Article 2 of this Second Supplemental Indenture; (ii) the provisions of Article FOUR of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 hereof; (iii) the provisions of Article EIGHT of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 hereof; (iv) the provisions of Article TWELVE of the Base Indenture shall not be applicable to the Notes; (v) the provisions of Article THIRTEEN of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 hereof; (vi) the provisions of Article FIFTEEN of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 7 hereof; (vii) the provisions of Section 704 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 hereof; (viii) the provisions of Section 901 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.01 hereof; (ix) the provisions of Section 902 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.02 hereof; and (x) that payment by wire transfer of immediately available funds will be required with respect to principal of and interest and premium on all Global Notes, subject to Applicable Procedures, and all other Notes the Holders of which shall have provided wire transfer instructions no later than 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its judgment), to the Company or the Paying Agent. To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (vi), (vii), (viii) and (iiix) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (gf) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Twelfth Supplemental Indenture (TreeHouse Foods, Inc.)

Establishment. (a) There is hereby established a new series Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the CompanyIssuer’s “4.2507.875% Senior Notes due 20292016. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars (up to $375,000,000) 150,000,000 aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.accordance with Article Two of this Supplemental Indenture. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for, all as further provided in this Supplemental Indenture. (fe) With Solely with respect to the Notes onlyand the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2012.01, 301 2.02 and 901 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Second Supplemental Indenture, including as follows: (i1) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II Two of the Base Indenture shall be are established in accordance with pursuant to Article 2 Two of this Second Supplemental Indenture; To ; (2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Eleven of this Supplemental Indenture; (3) the provisions of Article Ten of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture); (4) to the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i2) and (ii3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notes.; (g5) Unless Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and (6) unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Inverness Medical Innovations Inc)

Establishment. (a) There is hereby established a new series of Securities to be issued under this First Supplemental Indenture, to be designated as the CompanyIssuer’s “4.250% 8¾% Senior Notes due 20292017. (b) There are to be authenticated and delivered on the date hereof Three Four Hundred Seventy Five Million Dollars ($375,000,000400,000,000) aggregate principal amount of the Initial Notes. Additional Notes may be issued under this First Supplemental Indenture after the date hereof in accordance with Section 2.13. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second First Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 9, 10 and 1011 of the Base Indenture are deleted and replaced in their entirety (other than Sections 103, 104, 111, 114, 512 and 906 of the Base Indenture) by the provisions of Articles 1 and 13, 2, 8, 6, 7, 5, 9, 4 and 3, respectively, of this Second First Supplemental Indenture; (ii) The the form and terms of the securities representing the Notes required to be established pursuant to Article II 2 of the Base Indenture shall be established in accordance with Article 2 of this Second First Supplemental Indenture; and (iii) the provisions of Article 12 of the Base Indenture shall not be applicable to the Notes. To the extent that the provisions of this Second First Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second First Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and any Guarantees endorsed thereon). (gf) Unless otherwise expressly specified, references in this Second First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second First Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Solutia Inc)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2502.600% Senior Notes due 20292032.” (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Fifty Million Dollars ($375,000,000350,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (f) With respect to the Notes only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes as set forth in this Second First Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second First Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second First Supplemental Indenture; To the extent that the provisions of this Second First Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second First Supplemental Indenture shall govern and be controlling, solely with respect to the Notes. (g) Unless otherwise expressly specified, references in this Second First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second First Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2508% Senior Notes due 20292016. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000300,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second First Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV XII and XV XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9 and 9, 10, 11, 12 and 13 of this Second First Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second First Supplemental Indenture; To the extent that the provisions of this Second First Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second First Supplemental Indenture shall govern and be controlling, solely with respect to the NotesNotes (and any Guarantees endorsed thereon). (gf) Unless otherwise expressly specified, references in this Second First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second First Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Jarden Corp)

Establishment. (a) There is hereby established a new series Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the CompanyIssuer’s “4.2506.500% Senior Subordinated Notes due 20292020. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars (up to $375,000,000) 425,000,000 aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.accordance with Article Two of this Supplemental Indenture. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided forfor on the applicable Notes, all as further provided in this Supplemental Indenture. (fe) With Solely with respect to the Notes onlyand the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2012.01, 301 2.02 and 901 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Second Supplemental Indenture, including as follows: (i1) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II Two of the Base Indenture shall be are established in accordance with pursuant to Article 2 Two of this Second Supplemental Indenture; To ; (2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture; (3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture); (4) to the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i2) and (ii3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notes.; (g5) Unless Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and (6) unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Sixteenth Supplemental Indenture (Alere Inc.)

Establishment. (a) There is are hereby established a two new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.250U.S. dollar-denominated 7 1/2% Senior Subordinated Notes due 20292020 (the “Dollar Notes”) and euro-denominated 7 1/2% Senior Subordinated Notes due 2020 (the “Euro Notes” and together with the Dollar Notes, the “Notes”). (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars (i) $375,000,000) 275 million aggregate principal amount of Dollar Notes issued on the date hereof (the “Initial Dollar Notes”) and (ii) €150 million aggregate principal amount of Euro Notes issued on the date hereof (the “Initial Euro Notes” and together with the Initial Dollar Notes, the “Initial Notes”). (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A-1 (in the case of the Dollar Notes) and Exhibit A-2 (in the case of the Euro Notes) hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 2012.01, 301 3.01 and 901 9.01 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second First Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV XII and XV XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9 and 9, 10, 11, 12 and 13 of this Second First Supplemental Indenture;; and (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second First Supplemental Indenture; . To the extent that the provisions of this Second First Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second First Supplemental Indenture shall govern and be controlling, solely with respect to the Notes (and any Guarantees endorsed thereon). (f) The Notes shall rank pari passu with the Existing Senior Subordinated Notes and the Guarantees shall rank pari passu with the guarantees of the Existing Senior Subordinated Notes. (g) Unless otherwise expressly specified, references in this Second First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second First Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Jarden Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2505.375% Senior Notes due 20292024.” (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy and Twenty-Five Million Dollars ($375,000,000325,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (f) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second Fourth Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV XIV, XV and XV XVI of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9 9, 10 and 10, 11 of this Second Fourth Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Fourth Supplemental Indenture; To the extent that the provisions of this Second Fourth Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Fourth Supplemental Indenture shall govern and be controlling, solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (g) Unless otherwise expressly specified, references in this Second Fourth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Fourth Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Fourth Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Supplemental Indenture, to be designated as the Company’s “4.2504.875% Senior Notes due 20292022”. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 400,000,000 aggregate principal amount of the Initial Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.03. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (ed) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II TWO of the Base Indenture shall be established in accordance with Article 2 of this Second Supplemental Indenture; ; (ii) the provisions of Article FOUR of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 hereof; (iii) the provisions of Article EIGHT of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 hereof; (iv) the provisions of Article TWELVE of the Base Indenture shall not be applicable to the Notes; (v) the provisions of Article THIRTEEN of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Supplemental Indenture; (vi) the provisions of Article FIFTEEN of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 7 hereof; (vii) the provisions of Section 704 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 hereof; (viii) the provisions of Section 901 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.01 hereof; (ix) the provisions of Section 902 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.02 hereof; (x) that payment by wire transfer of immediately available funds will be required with respect to principal of and interest and premium on all Global Notes, subject to Applicable Procedures, and all other Notes the Holders of which shall have provided wire transfer instructions no later than 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its judgment), to the Company or the Paying Agent. To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (vi), (vii), (viii) and (iiix) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (gf) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Fourth Supplemental Indenture (TreeHouse Foods, Inc.)

Establishment. (a) There is hereby established a new series of Securities to be issued under this the Indenture, to be designated as the Company’s “4.2507 1/2% Senior Subordinated Notes due 20292017. (b) There are to be authenticated and delivered on the date hereof Three Five Hundred Seventy Five Fifty Million Dollars ($375,000,000550,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 2012.01, 301 3.01 and 901 9.01 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second First Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIII and XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9 and 9, 10, 11, 12 and 14 of this Second First Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second First Supplemental Indenture; To the extent that the provisions of this Second First Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second First Supplemental Indenture shall govern and be controlling, solely with respect to the Notes (and any Guarantees endorsed thereon). (f) The Notes shall rank pari passu with the Company’s Existing Notes. (g) Unless otherwise expressly specified, references in this Second First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second First Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Jarden Corp)

Establishment. (a) There is hereby established a new series Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the CompanyIssuer’s “4.2509.00% Senior Subordinated Notes due 20292016. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars (up to $375,000,000) 400,000,000 aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.accordance with Article Two of this Supplemental Indenture. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for, all as further provided in this Supplemental Indenture. (fe) With Solely with respect to the Notes onlyand the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2012.01, 301 2.02 and 901 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Second Supplemental Indenture, including as follows: (i1) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II Two of the Base Indenture shall be are established in accordance with pursuant to Article 2 Two of this Second Supplemental Indenture; To ; (2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture; (3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture); (4) to the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i2) and (ii3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notes.; (g5) Unless Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and (6) unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Inverness Medical Innovations Inc)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2503.550% Senior Notes due 20292052.” (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Fifty Million Dollars ($375,000,000350,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (f) With respect to the Notes only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes as set forth in this Second Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Supplemental Indenture; To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notes. (g) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Second Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series of Debt Securities to be issued under this Fourth Supplemental Indenture, to be designated as the Company’s “4.250Issuers’ 6.500% Senior Notes due 20292021. Notwithstanding any provision of the Base Indenture to the contrary, Finance Co, in lieu of the Prior Co-Issuer, shall be the co-issuer of the Notes with the Company, and accordingly the Prior Co-Issuer will have no liability in respect thereof. The Prior Co-Issuer hereby ratifies, confirms and approves the Second Supplemental Indenture dated as of May 17, 2012 among the Issuers, the Subsidiary Guarantors and the Trustee relating to the Issuers’ 8.375% Senior Notes due 2020 as fully and for all intents and purposes as if the Prior Co-Issuer were a party thereto. (b) There are to be authenticated and delivered on the date hereof Three Four Hundred Seventy Five Million Dollars ($375,000,000400,000,000) aggregate principal amount of the Initial Notes. Additional Notes may be issued under this Fourth Supplemental Indenture after the date hereof in accordance with Section 2.13. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A. (d) Additional A hereto. The Initial Notes may shall be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially issued initially in the form of Exhibit A hereto) in an unlimited amounta 144A Global Note and a Regulation S Global Note. (ed) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any related Guarantees) only, the Base Indenture shall be amended and supplemented pursuant to Sections 2012.01, 301 2.03 and 901 9.01 thereof to establish the form and terms of the Notes (and any related Guarantees) as set forth in this Second Fourth Supplemental Indenture, including as follows: (i) The the provisions of Articles I, II, III, IV, V, VIIIVI, VII, IX, X, XI, XII, XIII, XIII and XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, 9 and 9, 10, 11 and 12 of this Second Fourth Supplemental Indenture;; and (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established substantially in accordance with Article 2 the form of this Second Supplemental Indenture; Exhibit A hereto. To the extent that the provisions of this Second Fourth Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Fourth Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and any related Guarantees). (gf) Unless otherwise expressly specified, references in this Second Fourth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Fourth Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Fourth Supplemental Indenture (PVR Partners, L. P.)

Establishment. (a) There is hereby established a new series Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the CompanyIssuer’s “4.2506.375% Senior Subordinated Notes due 20292023. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars (up to $375,000,000) 425,000,000 aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.accordance with Article Two of this Supplemental Indenture. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof (which, in the case of the Initial Notes, is the Issue Date) or from the most recent date to which interest has been paid or duly provided forfor on the applicable Notes, all as further provided in this Supplemental Indenture. (fe) With Solely with respect to the Notes onlyand the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2012.01, 301 2.02 and 901 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Second Supplemental Indenture, including as follows: (i1) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II Two of the Base Indenture shall be are established in accordance with pursuant to Article 2 Two of this Second Supplemental Indenture; To ; (2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Twelve of this Supplemental Indenture; (3) the provisions of Articles Ten and Eleven of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture); (4) to the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i2) and (ii3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notes.; (g5) Unless Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and (6) unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Supplemental Indenture (Alere Inc.)

Establishment. (a) There is are hereby established a two new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2507.875% Senior Notes due 20292018” and “8.125% Senior Notes due 2020.” (b) There are to be authenticated and delivered on the date hereof (i) Three Hundred Seventy Five Fifty Million Dollars ($375,000,000350,000,000) aggregate principal amount of the Initial 2018 Notes and (ii) (i) Three Hundred Fifty Million Dollars ($350,000,000) aggregate principal amount of the 2020 Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A-1, in the case of the 2018 Notes, and Exhibit A-2, in the case of the 2020 Notes. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second First Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV XIV, XV and XV XVI of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9 9, 10 and 10, 11 of this Second First Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second First Supplemental Indenture; To the extent that the provisions of this Second First Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second First Supplemental Indenture shall govern and be controlling, solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (gf) Unless otherwise expressly specified, references in this Second First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second First Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2504.75% Senior Notes due 20292023.” (b) There are to be authenticated and delivered on the date hereof Three Five Hundred Seventy Five Million Dollars ($375,000,000500,000,000) aggregate principal amount of the Initial Notes. (c) The Initial Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Pursuant to the Exchange Offer, there are to be authenticated and delivered Exchange Notes from time to time for issue only in exchange for a like principal amount of Initial Notes. (e) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amountamount (and if issued with a Private Placement Legend, the same principal amount of Exchange Notes in exchange therefor upon consummation of a registered exchange offer). (ef) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fg) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second Third Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV XIV, XV and XV XVI of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9 9, 10 and 10, 11 of this Second Third Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Third Supplemental Indenture; To the extent that the provisions of this Second Third Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Third Supplemental Indenture shall govern and be controlling, solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (gh) Unless otherwise expressly specified, references in this Second Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Third Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Third Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2506 1/8% Senior Notes due 20292022. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000300,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second Third Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV XII and XV XIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9 and 9, 10, 11, 12 and 13 of this Second Third Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Third Supplemental Indenture; To the extent that the provisions of this Second Third Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Third Supplemental Indenture shall govern and be controlling, solely with respect to the NotesNotes (and any Guarantees endorsed thereon). (gf) Unless otherwise expressly specified, references in this Second Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Third Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Third Supplemental Indenture (Jarden Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Supplemental Indenture, to be designated as the Company’s “4.2506.00% Senior Notes due 20292024”. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 775,000,000 aggregate principal amount of the Initial Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.03. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (ed) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II TWO of the Base Indenture shall be established in accordance with Article 2 of this Second Supplemental Indenture; ; (ii) the provisions of Article FOUR of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 8 hereof; (iii) the provisions of Article EIGHT of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 5 hereof; (iv) the provisions of Article TWELVE of the Base Indenture shall not be applicable to the Notes; (v) the provisions of Article THIRTEEN of the Base Indenture shall be applicable to the Notes as specified in Section 10.01 of this Supplemental Indenture; (vi) the provisions of Article FIFTEEN of the Base Indenture are deleted and replaced in their entirety by the provisions of Article 7 hereof; (vii) the provisions of Section 704 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.03 hereof; (viii) the provisions of Section 901 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.01 hereof; (ix) the provisions of Section 902 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 9.02 hereof; (x) that payment by wire transfer of immediately available funds will be required with respect to principal of and interest and premium on all Global Notes, subject to Applicable Procedures, and all other Notes the Holders of which shall have provided wire transfer instructions no later than 30 days immediately preceding the relevant due date for payment (or such other date as the Trustee may accept in its judgment), to the Company or the Paying Agent. To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (vi), (vii), (viii) and (iiix) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (gf) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Ninth Supplemental Indenture (TreeHouse Foods, Inc.)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Second Supplemental Indenture, to be designated as the Company’s “4.250Issuers’ 8.375% Senior Notes due 20292020. Finance Co hereby irrevocably, absolutely and unconditionally becomes a party to the Base Indenture as an Issuer under such agreement and agrees to be bound by all the terms, conditions, covenants, obligations, liabilities and undertakings of each Issuer or to which each Issuer is subject thereunder, as supplemented and amended by this Second Supplemental Indenture, all with the same force and effect as if Finance Co were a signatory to the Base Indenture. Notwithstanding any provision of the Base Indenture, Penn Virginia Resource Finance Corporation, a Delaware corporation and co-issuer of the Company’s 8 1/4% Senior Notes due 2018, shall not be a co-issuer of the Notes, and accordingly will have no liability in respect thereof. (b) There are to be authenticated and delivered on the date hereof Three Six Hundred Seventy Five Million Dollars ($375,000,000600,000,000) aggregate principal amount of the Initial Notes. Additional Notes may be issued under this Second Supplemental Indenture after the date hereof in accordance with Section 2.13. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 2012.01, 301 2.03 and 901 9.01 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows: (i) The the provisions of Articles I, II, III, IV, V, VIIIVI, VII, IX, X, XI, XII, XIII, XIII and XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, 9 and 9, 10, 11 and 12 of this Second Supplemental Indenture;; and (ii) The the form and terms of the securities representing the Notes required to be established pursuant to Article II 2 of the Base Indenture shall be established in accordance with Article 2 of this Second Supplemental Indenture; . To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and any Guarantees endorsed thereon). (gf) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Second Supplemental Indenture (Penn Virginia Resource Partners L P)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2505.25% Senior Notes due 20292025.” (b) There are to be authenticated and delivered on the date hereof Three Six Hundred Seventy Five and Fifty Million Dollars ($375,000,000650,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (f) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second Fifth Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV XIV, XV and XV XVI of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9 9, 10 and 1011, of this Second Fifth Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Fifth Supplemental Indenture; To the extent that the provisions of this Second Fifth Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Fifth Supplemental Indenture shall govern and be controlling, solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (g) Unless otherwise expressly specified, references in this Second Fifth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Fifth Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Fifth Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Supplemental Indenture, to be designated as the Company’s “4.2505 3⁄8% Senior Notes due 20292024.” (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000) 225,000,000 aggregate principal amount of the Initial Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.04. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (ed) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (e) The Notes are to be issued in fully registered form only, without coupons, in denominations of $2,000 and integral multiples of $1,000 in excess thereof. (f) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 2012.1, 301 3.1 and 901 9.1 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II 2 of the Base Indenture shall be established in accordance with Article 2 II of this Second Supplemental Indenture; (ii) the provisions of Article 4 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII hereof; (iii) the provisions of Article 8 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V hereof; (iv) the provisions of Article 10 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article IV hereof; (v) the provisions of Article 11 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article III hereof; (vi) the provisions of Article 12 of the Base Indenture shall not be applicable to the Notes; (vii) the provisions of Article 13 of the Base Indenture shall be applicable to the Senior Notes as specified in Section 9.01 of this Supplemental Indenture; (viii) the provisions of Sections 5.1, 5.2 and 5.6 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectively; (ix) the provisions of Section 7.4 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.10 hereof; (x) the provisions of Section 9.1 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.01 hereof; and (xi) the provisions of Section 9.2 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.02 hereof. To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (iixi) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and any Subsidiary Guarantees endorsed thereon). (g) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Tenneco Inc)

Establishment. (a) There is hereby established a new series of Securities to be issued under this Indenture, to be designated as the Company’s “4.2503.500% Senior Notes due 20292030.” (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Fifty Million Dollars ($375,000,000350,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global Notes in substantially the form set out in Exhibit A.A. Table of Contents (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (f) With respect to the Notes only, the Base Indenture shall be supplemented pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes as set forth in this Second Fourth Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Fourth Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Fourth Supplemental Indenture; To the extent that the provisions of this Second Fourth Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second Fourth Supplemental Indenture shall govern and be controlling, solely with respect to the Notes. (g) Unless otherwise expressly specified, references in this Second Fourth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Fourth Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Fourth Supplemental Indenture (Lear Corp)

Establishment. (a) There is hereby established a new series Series of Securities (each as defined in the Base Indenture) to be issued under this Indenture, to be designated as the CompanyIssuer’s “4.2507.875% Senior Notes due 20292016. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars (up to $375,000,000) 100,000,000 aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.accordance with Article Two of this Supplemental Indenture. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof August 11, 2009 or from the most recent date to which interest has been paid or duly provided for, all as further provided in this Supplemental Indenture. (fe) With Solely with respect to the Notes onlyand the Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2012.01, 301 2.02 and 901 9.01 thereof to establish the terms of the Notes and the Guarantees as set forth in this Second Supplemental Indenture, including as follows: (i1) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II Two of the Base Indenture shall be are established in accordance with pursuant to Article 2 Two of this Second Supplemental Indenture; To ; (2) the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are superseded in their entirety by, respectively, the provisions of Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Eleven of this Supplemental Indenture; (3) the provisions of Article Ten of this Supplemental Indenture supplement, but shall not otherwise modify, the Base Indenture (as otherwise supplemented by this Supplemental Indenture); (4) to the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i2) and (ii3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notes.; (g5) Unless Article Eleven of the Base Indenture is deleted in its entirety for purposes of this Supplemental Indenture; and (6) unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Third Supplemental Indenture (Inverness Medical Innovations Inc)

Establishment. (a) There is hereby established a new series of Securities to be issued under this First Supplemental Indenture, to be designated as the Company’s “4.250Issuers’ 8 1/4% Senior Notes due 20292018. (b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($375,000,000300,000,000) aggregate principal amount of the Initial Notes. Additional Notes may be issued under this First Supplemental Indenture after the date hereof in accordance with Section 2.13. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A hereto. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 2012.01, 301 2.03 and 901 9.01 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second First Supplemental Indenture, including as follows: (i) The the provisions of Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIII and XIV and XV of the Base Indenture are deleted and replaced in their entirety of the Base Indenture) by the provisions of Articles 1, 2, 3, 4, 57, 6, 7, 7, 9, 5, 8, 9 12 and 10, respectively, of this Second First Supplemental Indenture;; and (ii) The the form and terms of the securities representing the Notes required to be established pursuant to Article II 2 of the Base Indenture shall be established in accordance with Article 2 of this Second First Supplemental Indenture; . To the extent that the provisions of this Second First Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Second First Supplemental Indenture shall govern and be controlling, controlling solely with respect to the NotesNotes (and any Guarantees endorsed thereon). (gf) Unless otherwise expressly specified, references in this Second First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second First Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: First Supplemental Indenture (Penn Virginia Resource Partners L P)

Establishment. (a) There is are hereby established a two new series of Debt Securities to be issued under this the Indenture, to be designated as the CompanyPartnership’s “4.2503.50% Senior Notes due 20292025 (the “2025 Notes”) and its 4.50% Senior Notes due 2045 (the “2045 Notes” and, together with the 2025 Notes, the “Notes”). (b) There are to be authenticated and delivered on under the date hereof Three Hundred Seventy Five Million Dollars Indenture (i) $375,000,000) 500,000,000 aggregate principal amount of the Initial 2025 Notes and (ii) $500,000,000 aggregate principal amount of the 2045 Notes on the date hereof, and from time to time thereafter there may be authenticated and delivered an unlimited principal amount of Additional Notes of any series of Notes. (c) The Depositary with respect to each series of the Notes shall be issued in The Depository Trust Company (“DTC”). As permitted by Section 2.15(c)(iii) of the form Base Indenture, the Depositary shall surrender the Global Security representing each series of one or more Global Notes in substantially exchange for individual Notes of such series in definitive form if an Event of Default with respect to such Notes has occurred and is continuing, and the form set out Depositary requests the issuance of such Notes in Exhibit A.definitive form. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof March 12, 2015 or from the most recent date to which interest has been paid or duly provided for. (fe) With respect No series of Notes shall be entitled to the Notes only, the Base Indenture shall be supplemented benefits of any Guarantee pursuant to Sections 201, 301 and 901 thereof to establish the terms of the Notes as set forth in this Second Supplemental Indenture, including as follows: (i) The provisions of Articles I, III, IV, V, VIII, IX, X, XI, XII, XIII, Article XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture;. (iif) The form If and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Indenture shall be established in accordance with Article 2 of this Second Supplemental Indenture; To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Indenture are duplicative of, or in contradiction with, the provisions of this Supplemental Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notesgovern. (g) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Indenture or any other document.

Appears in 1 contract

Sources: Fourth Supplemental Indenture (Spectra Energy Partners, LP)

Establishment. (a) There is hereby an established a new series of Securities to be securities issued under this the Existing Indenture, to be designated as the Company’s “4.2507 1/2% Senior Subordinated Notes due 20292017, substantially in the form set forth in Exhibit A to the First Supplemental Indenture. (b) There are to be authenticated and delivered on the date hereof Three One Hundred Seventy Five Million Dollars ($375,000,000100,000,000) aggregate principal amount of the Initial Notes. (c) The Notes shall be issued in the form of one or more Global permanent Notes in substantially the form set out in Exhibit A.A to the First Supplemental Indenture. (d) Additional Notes may be authenticated and delivered for original issue after the Issue Date (such Additional Notes to be substantially in the form of Exhibit A hereto) in an unlimited amount. (e) Each Note shall be dated the date of authentication thereof and shall bear interest from the date of original issuance thereof thereof, unless otherwise specified in the Note, or from the most recent date to which interest has been paid or duly provided for. (fe) With respect to the Notes (and any Guarantees endorsed thereon) only, the Base Existing Indenture shall be supplemented pursuant to Sections 2012.01, 301 3.01 and 901 9.01 thereof to establish the terms of the Notes (and any Guarantees endorsed thereon) as set forth in this Second Supplemental Indenture, including as follows: (i) The provisions of Articles Iincluding, III, IV, V, VIII, IX, X, XI, XII, XIII, XIV and XV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 8, 9 and 10, of this Second Supplemental Indenture; (ii) The form and terms of the securities representing the Notes required to be established pursuant to Article II of the Base Existing Indenture shall be established in accordance with Article 2 of this Second Supplemental Indenture; . To the extent that the provisions of this Second Supplemental Indenture (including those referred to in clauses (i) and (ii) immediately above) conflict with any provision of the Base Existing Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling, solely with respect to the Notes (and any Guarantees endorsed thereon). (f) The Notes shall rank pari passu with the Company’s Existing Notes and Old Notes. (g) Unless otherwise expressly specified, references in this Second Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Second Supplemental Indenture, and not the Base Existing Indenture or any other document.

Appears in 1 contract

Sources: Second Supplemental Indenture (Jarden Corp)