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 “5 3⁄8% Senior Notes due 2024.” (b) There are to be authenticated and delivered on the date hereof $225,000,000 aggregate principal amount of the 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 substantially in the form of Exhibit A hereto. (d) 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 2.1, 3.1 and 9.1 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows: (i) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 of the Base Indenture shall be established in accordance with Article II of this 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 Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xi) immediately above) conflict with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon). (g) Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is are hereby established a two new series of Securities to be issued under this Supplemental Indenture, to be designated as the Company’s “5 3⁄8U.S. dollar-denominated 7 1/2% Senior Subordinated Notes due 20242020 (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 (i) $225,000,000 275 million aggregate principal amount of the Notes. Additional Dollar Notes may be issued under this Supplemental Indenture after on the date hereof in accordance (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 Section 2.04the Initial Dollar Notes, the “Initial Notes”).
(c) The Notes shall be issued substantially in the form of one or more 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) 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 2.12.01, 3.1 3.01 and 9.1 9.01 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII and 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, 10, 11, 12 and 13 of this First Supplemental Indenture; and
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this First 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 First Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary 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 First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄83.500% Senior Notes due 20242030.”
(b) There are to be authenticated and delivered on the date hereof Three Hundred Fifty Million Dollars ($225,000,000 350,000,000) 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. 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.
(de) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this 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 Fourth Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this Fourth 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 Fourth Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Fourth Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon)Notes.
(g) Unless otherwise expressly specified, references in this Fourth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Fourth Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄83.800% Senior Notes due 20242027.”
(b) There are to be authenticated and delivered on the date hereof Seven Hundred and Fifty Million Dollars ($225,000,000 750,000,000) 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.
(de) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this 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, 10 and 11, of this First Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this First 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 First Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(g) Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄82.600% Senior Notes due 20242032.”
(b) There are to be authenticated and delivered on the date hereof Three Hundred Fifty Million Dollars ($225,000,000 350,000,000) 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.
(de) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this 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 First Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this First 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 First Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon)Notes.
(g) Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄8Issuers’ 8 1/4% Senior Notes due 20242018.”
(b) There are to be authenticated and delivered on the date hereof Three Hundred Million Dollars ($225,000,000 300,000,000) aggregate principal amount of the Notes. Additional Notes may be issued under this First Supplemental Indenture after the date hereof in accordance with Section 2.042.13.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.12.01, 3.1 2.03 and 9.1 9.01 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) the provisions of Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XIII and XIV of the Base Indenture are deleted and replaced in their entirety of the Base Indenture) by the provisions of Articles 1, 2, 3, 4, 7, 6, 7, 7, 9, 5, 8, 12 and 10, respectively, of this First Supplemental Indenture; and
(ii) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 of the Base Indenture shall be established in accordance with Article II 2 of this First 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 First Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(gf) Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 hereby established a new series of Securities to be issued under this Supplemental Indenture, to be designated as the Company’s “5 3⁄85.250% Senior Notes due 20242049.”
(b) There are to be authenticated and delivered on the date hereof Three Hundred Twenty Five Million Dollars ($225,000,000 325,000,000) 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.
(de) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this 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 Third Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this Third 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 Third Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Third Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon)Notes.
(g) Unless otherwise expressly specified, references in this Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Third Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄88% Senior Notes due 20242016.”
(b) There are to be authenticated and delivered on the date hereof Three Hundred Million Dollars ($225,000,000 300,000,000) aggregate principal amount of the 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 substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII and 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, 10, 11, 12 and 13 of this First Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this First 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 First Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(gf) Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄83.550% Senior Notes due 20242052.”
(b) There are to be authenticated and delivered on the date hereof Three Hundred Fifty Million Dollars ($225,000,000 350,000,000) 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.
(de) 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 2.1201, 3.1 301 and 9.1 901 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 2 II of the Base Indenture shall be established in accordance with Article II 2 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 (xiii) 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 Notes (and any Subsidiary Guarantees endorsed thereon)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
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 “5 3⁄8Issuers’ 8.375% Senior Notes due 20242020. 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 Six Hundred Million Dollars ($225,000,000 600,000,000) aggregate principal amount of the Notes. Additional Notes may be issued under this Second Supplemental Indenture after the date hereof in accordance with Section 2.042.13.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.12.01, 3.1 2.03 and 9.1 9.01 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, II, III, IV, V, VI, VII, IX, X, XI, XIII and XIV 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, 10, 11 and 12 of this Second Supplemental Indenture; and
(ii) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 of the Base Indenture shall be established in accordance with Article II 2 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 (xiii) 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 (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: Second Supplemental Indenture (Penn Virginia Resource Partners L P)
Establishment. (a) There is hereby an established a new series of Securities to be securities issued under this Supplemental the Existing Indenture, to be designated as the Company’s “5 3⁄87 1/2% Senior Subordinated Notes due 20242017, 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 One Hundred Million Dollars ($225,000,000 100,000,000) aggregate principal amount of the 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 substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A heretoto the First Supplemental Indenture.
(d) 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.
(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 Existing Indenture shall be supplemented pursuant to Sections 2.12.01, 3.1 3.01 and 9.1 9.01 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) including, the form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Existing Indenture shall be established in accordance with Article II 2 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 (xi) immediately above) conflict with any provision of the Base Existing Indenture, the provisions of this Second Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary 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
Establishment. (a) There is hereby established a new series Series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the CompanyIssuer’s “5 3⁄87.250% Senior Notes due 20242018.”
(b) There are to be authenticated and delivered on the date hereof up to $225,000,000 450,000,000 aggregate principal amount of the 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 substantially in the form of Exhibit A heretoone or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) 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.
(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 Solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon) onlythe Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.12.01, 3.1 2.02 and 9.1 9.01 thereof to establish the terms of the Notes (and any Subsidiary the Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(i1) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 Two of the Base Indenture shall be are established in accordance with pursuant to Article II Two of this Supplemental Indenture;
(ii2) the provisions of Article 4 Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are deleted and replaced superseded in their entirety by by, respectively, the provisions of Article VII hereof;
(iii) the provisions of Article 8 of the Base Indenture are deleted Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine 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 Eleven of this Supplemental Indenture;
(viii3) the provisions of Sections 5.1Article Ten of this Supplemental Indenture supplement, 5.2 and 5.6 of but shall not otherwise modify, the Base Indenture are deleted and replaced in their entirety (as otherwise supplemented by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectivelythis Supplemental Indenture);
(ix4) 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 to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x2) and (xi3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).controlling;
(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 Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄85.25% Senior Notes due 20242025.”
(b) There are to be authenticated and delivered on the date hereof Six Hundred and Fifty Million Dollars ($225,000,000 650,000,000) 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.
(de) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Fifth Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV and 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, 10 and 11, of this Fifth Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this Fifth 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 Fifth Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Fifth Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(g) Unless otherwise expressly specified, references in this Fifth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Fifth Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄8% 8¾% Senior Notes due 20242017.”
(b) There are to be authenticated and delivered on the date hereof Four Hundred Million Dollars ($225,000,000 400,000,000) aggregate principal amount of the Notes. Additional Notes may be issued under this First Supplemental Indenture after the date hereof in accordance with Section 2.042.13.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) the provisions of Articles 1, 3, 4, 5, 6, 8, 9, 10 and 11 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 First Supplemental Indenture;
(ii) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 of the Base Indenture shall be established in accordance with Article II 2 of this First 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;; and
(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 First Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(gf) Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄84.875% Senior Notes due 20242022”.”
(b) There are to be authenticated and delivered on the date hereof $225,000,000 400,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.042.03.
(c) The Notes shall be issued substantially in the form of Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(i) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 TWO of the Base Indenture shall be established in accordance with Article II 2 of this Supplemental Indenture;
(ii) the provisions of Article 4 FOUR of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII 8 hereof;
(iii) the provisions of Article 8 EIGHT of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V 5 hereof;
(iv) the provisions of Article 10 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 IV 7 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 5.6 704 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 6.01, 6.02 and 6.03 4.03 hereof, respectively;
(ixviii) the provisions of Section 7.4 901 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.10 9.01 hereof;
(xix) the provisions of Section 9.1 902 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.01 9.02 hereof; and;
(xix) 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 provisions Holders of Section 9.2 of which shall have provided wire transfer instructions no later than 30 days immediately preceding the Base Indenture are deleted and replaced relevant due date for payment (or such other date as the Trustee may accept in their entirety by its judgment), to the provisions of Section 8.02 hereofCompany or the Paying Agent. To the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (vvi), (vii), (viii), (ix), (x) and (xiix) immediately above) conflict with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(gf) Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 Series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the CompanyIssuer’s “5 3⁄87.875% Senior Notes due 20242016.”
(b) There are to be authenticated and delivered on the date hereof up to $225,000,000 100,000,000 aggregate principal amount of the 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 substantially in the form of Exhibit A heretoone or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) 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.
(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 Solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon) onlythe Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.12.01, 3.1 2.02 and 9.1 9.01 thereof to establish the terms of the Notes (and any Subsidiary the Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(i1) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 Two of the Base Indenture shall be are established in accordance with pursuant to Article II Two of this Supplemental Indenture;
(ii2) the provisions of Article 4 Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are deleted and replaced superseded in their entirety by by, respectively, the provisions of Article VII hereof;
(iii) the provisions of Article 8 of the Base Indenture are deleted Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine 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 Eleven of this Supplemental Indenture;
(viii3) the provisions of Sections 5.1Article Ten of this Supplemental Indenture supplement, 5.2 and 5.6 of but shall not otherwise modify, the Base Indenture are deleted and replaced in their entirety (as otherwise supplemented by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectivelythis Supplemental Indenture);
(ix4) 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 to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x2) and (xi3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).controlling;
(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 Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 Supplemental Indenture, to be designated as the Company’s “5 3⁄86 1/8% Senior Notes due 20242022.”
(b) There are to be authenticated and delivered on the date hereof Three Hundred Million Dollars ($225,000,000 300,000,000) aggregate principal amount of the 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 substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Third Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII and 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, 10, 11, 12 and 13 of this Third Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this Third 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 Third Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Third Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(gf) Unless otherwise expressly specified, references in this Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Third Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Establishment. (a) There is hereby established a new series Series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the CompanyIssuer’s “5 3⁄86.375% Senior Subordinated Notes due 20242023.”
(b) There are to be authenticated and delivered on the date hereof up to $225,000,000 425,000,000 aggregate principal amount of the 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 substantially in the form of Exhibit A heretoone or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) 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.
(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 Solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon) onlythe Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.12.01, 3.1 2.02 and 9.1 9.01 thereof to establish the terms of the Notes (and any Subsidiary the Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(i1) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 Two of the Base Indenture shall be are established in accordance with pursuant to Article II Two of this Supplemental Indenture;
(ii2) the provisions of Article 4 Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are deleted and replaced superseded in their entirety by by, respectively, the provisions of Article VII hereof;
(iii) the provisions of Article 8 of the Base Indenture are deleted Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine 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 Twelve of this Supplemental Indenture;
(viii3) the provisions of Sections 5.1Articles Ten and Eleven of this Supplemental Indenture supplement, 5.2 and 5.6 of but shall not otherwise modify, the Base Indenture are deleted and replaced in their entirety (as otherwise supplemented by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectivelythis Supplemental Indenture);
(ix4) 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 to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x2) and (xi3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).controlling;
(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 Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
Sources: 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 “5 3⁄85.375% Senior Notes due 2024.”
(b) There are to be authenticated and delivered on the date hereof Three Hundred and Twenty-Five Million Dollars ($225,000,000 325,000,000) 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.
(de) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Fourth Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV and 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, 10 and 11 of this Fourth Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this Fourth 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 Fourth Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Fourth Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(g) Unless otherwise expressly specified, references in this Fourth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Fourth Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄84.000% Senior Notes due 20242028”.”
(b) There are to be authenticated and delivered on the date hereof $225,000,000 500,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.042.03.
(c) The Notes shall be issued substantially in the form of Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(i) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 TWO of the Base Indenture shall be established in accordance with Article II 2 of this Supplemental Indenture;
(ii) the provisions of Article 4 FOUR of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII 8 hereof;
(iii) the provisions of Article 8 EIGHT of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V 5 hereof;
(iv) the provisions of Article 10 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 IV 7 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 5.6 704 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 6.01, 6.02 and 6.03 4.03 hereof, respectively;
(ixviii) the provisions of Section 7.4 901 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.10 9.01 hereof;
(xix) the provisions of Section 9.1 902 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.01 9.02 hereof; and
(xix) 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 provisions Holders of Section 9.2 of which shall have provided wire transfer instructions no later than 30 days immediately preceding the Base Indenture are deleted and replaced relevant due date for payment (or such other date as the Trustee may accept in their entirety by its judgment), to the provisions of Section 8.02 hereofCompany or the Paying Agent. To the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (vvi), (vii), (viii), (ix), (x) and (xiix) immediately above) conflict with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(gf) Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 Supplemental Indenture, to be designated as the CompanyIssuer’s “5 3⁄87.875% Senior Notes due 20242016.”
(b) There are to be authenticated and delivered on the date hereof up to $225,000,000 150,000,000 aggregate principal amount of the 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 substantially in the form of Exhibit A heretoone or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) 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.
(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 Solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon) onlythe Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.12.01, 3.1 2.02 and 9.1 9.01 thereof to establish the terms of the Notes (and any Subsidiary the Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(i1) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 Two of the Base Indenture shall be are established in accordance with pursuant to Article II Two of this Supplemental Indenture;
(ii2) the provisions of Article 4 Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are deleted and replaced superseded in their entirety by by, respectively, the provisions of Article VII hereof;
(iii) the provisions of Article 8 of the Base Indenture are deleted Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine 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 Eleven of this Supplemental Indenture;
(viii3) the provisions of Sections 5.1Article Ten of this Supplemental Indenture supplement, 5.2 and 5.6 of but shall not otherwise modify, the Base Indenture are deleted and replaced in their entirety (as otherwise supplemented by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectivelythis Supplemental Indenture);
(ix4) 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 to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x2) and (xi3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).controlling;
(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 Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 Supplemental Indenture, to be designated as the Company’s “5 3⁄86.00% Senior Notes due 2024”.”
(b) There are to be authenticated and delivered on the date hereof $225,000,000 775,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.042.03.
(c) The Notes shall be issued substantially in the form of Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(i) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 TWO of the Base Indenture shall be established in accordance with Article II 2 of this Supplemental Indenture;
(ii) the provisions of Article 4 FOUR of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII 8 hereof;
(iii) the provisions of Article 8 EIGHT of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V 5 hereof;
(iv) the provisions of Article 10 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 IV 7 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 5.6 704 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 6.01, 6.02 and 6.03 4.03 hereof, respectively;
(ixviii) the provisions of Section 7.4 901 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 4.10 9.01 hereof;
(xix) the provisions of Section 9.1 902 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.01 9.02 hereof; and;
(xix) 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 provisions Holders of Section 9.2 of which shall have provided wire transfer instructions no later than 30 days immediately preceding the Base Indenture are deleted and replaced relevant due date for payment (or such other date as the Trustee may accept in their entirety by its judgment), to the provisions of Section 8.02 hereofCompany or the Paying Agent. To the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (vvi), (vii), (viii), (ix), (x) and (xiix) immediately above) conflict with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(gf) Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 Supplemental Indenture, to be designated as the Company’s “5 3⁄86.125% Senior Notes due 20242023 (the “Notes”).”
(b) There are is to be authenticated and delivered on the date hereof $225,000,000 400.0 million aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after on the date hereof in accordance with Section 2.04(the “Initial Notes”).
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Third Supplemental Indenture, including as follows:
(i) the form and terms provisions of the securities representing the Notes required to be established pursuant to Article 2 IV of the Base Indenture shall be established are deleted and replaced in accordance with Article II their entirety by the provisions of Section 8.06 of this Third Supplemental Indenture;
(ii) the provisions of Article 4 VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII hereof5 of this Third Supplemental Indenture;
(iii) the provisions of Article 8 IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V hereof9 of this Third Supplemental Indenture;
(iv) the provisions of Article 10 X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article IV hereof4 of this Third Supplemental Indenture;
(v) the provisions of Article 11 XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article III hereof8 of this Third Supplemental Indenture;
(vi) the provisions of Article 12 XIII of the Base Indenture shall not be applicable to are deleted and replaced in their entirety by the Notesprovisions of Article 3 of this Third Supplemental Indenture;
(vii) the provisions of Article 13 in Sections 501 and 502 of the Base Indenture shall be applicable to are deleted and replaced in their entirety by the Senior Notes as specified in Section 9.01 provisions of Sections 6.01 and 6.02 of this Third Supplemental Indenture;
(viii) the provisions of Sections 5.1, 5.2 and 5.6 in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectively4.03 of this Third Supplemental Indenture;
(ix) the provisions of Section 7.4 Article XII of the Base Indenture are deleted and replaced in their entirety by shall not be applicable to the provisions of Section 4.10 hereofNotes;
(x) the provisions of Section 9.1 Article XVI of the Base Indenture are deleted and replaced shall be applicable to the Notes as specified in their entirety by the provisions Section 10.01 of Section 8.01 hereofthis Third Supplemental Indenture; and
(xi) the provisions form of Section 9.2 the securities representing the Notes required to be established pursuant to Article II of the Base Indenture are deleted and replaced shall be established in their entirety by the provisions accordance with Article 2 of Section 8.02 hereofthis Third Supplemental Indenture. To the extent that the provisions of this Third Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xi) immediately above) conflict with any provision of the Base Indenture, the provisions of this Third Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary 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 Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 “5 3⁄85.00% Senior Notes due 20242026.”
(b) There are to be authenticated and delivered on the date hereof $225,000,000 500,000,000 aggregate principal amount of the 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 substantially in the form of Exhibit A hereto.
(d) 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 2.1, 3.1 and 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 form and terms of the securities representing the Notes required to be established pursuant to Article 2 of the Base Indenture shall be established in accordance with Article 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 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 4.10 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 (xi) 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 (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
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 “5 3⁄84.250% Senior Notes due 20242029.”
(b) There are to be authenticated and delivered on the date hereof Three Hundred Seventy Five Million Dollars ($225,000,000 375,000,000) 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.
(de) 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 2.1201, 3.1 301 and 9.1 901 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 2 II of the Base Indenture shall be established in accordance with Article II 2 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 (xiii) 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 Notes (and any Subsidiary Guarantees endorsed thereon)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
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 “5 3⁄84.125% Senior Notes due 20242030 (the “Notes”).”
(b) There are is to be authenticated and delivered on the date hereof $225,000,000 500.0 million aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after on the date hereof in accordance with Section 2.04(the “Initial Notes”).
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Eleventh Supplemental Indenture, including as follows:
(i) the form and terms provisions of the securities representing the Notes required to be established pursuant to Article 2 IV of the Base Indenture shall be established are deleted and replaced in accordance with Article II their entirety by the provisions of Section 8.06 of this Eleventh Supplemental Indenture;
(ii) the provisions of Article 4 VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII hereof5 of this Eleventh Supplemental Indenture;
(iii) the provisions of Article 8 IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V hereof9 of this Eleventh Supplemental Indenture;
(iv) the provisions of Article 10 X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article IV hereof4 of this Eleventh Supplemental Indenture;
(v) the provisions of Article 11 XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article III hereof8 of this Eleventh Supplemental Indenture;
(vi) the provisions of Article 12 XIII of the Base Indenture shall not be applicable to are deleted and replaced in their entirety by the Notesprovisions of Article 3 of this Eleventh Supplemental Indenture;
(vii) the provisions of Article 13 in Sections 501 and 502 of the Base Indenture shall be applicable to are deleted and replaced in their entirety by the Senior Notes as specified in Section 9.01 provisions of Sections 6.01 and 6.02 of this Eleventh Supplemental Indenture;
(viii) the provisions of Sections 5.1, 5.2 and 5.6 in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectively4.03 of this Eleventh Supplemental Indenture;
(ix) the provisions of Section 7.4 Article XII of the Base Indenture are deleted and replaced in their entirety by shall not be applicable to the provisions of Section 4.10 hereofNotes;
(x) the provisions of Section 9.1 Article XVI of the Base Indenture are deleted and replaced shall be applicable to the Notes as specified in their entirety by the provisions Section 10.01 of Section 8.01 hereofthis Eleventh Supplemental Indenture; and
(xi) the provisions form of Section 9.2 the securities representing the Notes required to be established pursuant to Article II of the Base Indenture are deleted and replaced shall be established in their entirety by the provisions accordance with Article 2 of Section 8.02 hereofthis Eleventh Supplemental Indenture. To the extent that the provisions of this Eleventh Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xi) immediately above) conflict with any provision of the Base Indenture, the provisions of this Eleventh Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary 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 Eleventh Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 Supplemental Indenture, to be designated as the Company’s “5 3⁄86 7/8% Senior Notes due 20242020”.”
(b) There are to be authenticated and delivered on the date hereof $225,000,000 aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.042.03.
(c) The Notes shall be issued substantially in the form of Exhibit A heretohereto (subject, in the case of Additional Notes, to revisions to reflect the terms thereof established in accordance with Section 2.03).
(d) 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 the Subsidiary Guarantees endorsed thereonGuarantee) only, the Base Indenture shall be supplemented pursuant to Sections 2.1, 3.1 and 9.1 Section 2.01 thereof to establish the terms of the Notes (and any the Subsidiary Guarantees endorsed thereonGuarantee) as set forth in this Supplemental Indenture, including as follows:
(i) the form and terms provisions of the securities representing the Notes required to be established pursuant to Article 2 Section 4.01 of the Base Indenture shall be established are deleted and replaced in accordance with Article II their entirety by the provisions of this Supplemental IndentureSection 4.01 hereof;
(ii) the provisions of Sections 4.05 and 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 4 V of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII 5 hereof;
(iiivi) the provisions of Article 8 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 V 8 hereof;
(ivviii) the provisions of Article 10 Sections 9.01 and 9.02 of the Base Indenture are deleted and replaced in their entirety by the provisions of Article IV 9 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) 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 provisions Holders of Section 7.4 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 made at the office or agency of the Base Indenture are deleted Paying Agent and replaced Registrar unless the Company elects to make interest payments by check mailed to the Holders at their respective addresses set forth 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 hereofSecurity Register. To the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xi) immediately above) conflict with any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any the Subsidiary Guarantees endorsed thereonGuarantee).
(gf) Unless otherwise expressly specified, references in this Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 Series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the CompanyIssuer’s “5 3⁄86.500% Senior Subordinated Notes due 20242020.”
(b) There are to be authenticated and delivered on the date hereof up to $225,000,000 425,000,000 aggregate principal amount of the 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 substantially in the form of Exhibit A heretoone or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) 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.
(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 Solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon) onlythe Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.12.01, 3.1 2.02 and 9.1 9.01 thereof to establish the terms of the Notes (and any Subsidiary the Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(i1) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 Two of the Base Indenture shall be are established in accordance with pursuant to Article II Two of this Supplemental Indenture;
(ii2) the provisions of Article 4 Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are deleted and replaced superseded in their entirety by by, respectively, the provisions of Article VII hereof;
(iii) the provisions of Article 8 of the Base Indenture are deleted Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine 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 Twelve of this Supplemental Indenture;
(viii3) the provisions of Sections 5.1Articles Ten and Eleven of this Supplemental Indenture supplement, 5.2 and 5.6 of but shall not otherwise modify, the Base Indenture are deleted and replaced in their entirety (as otherwise supplemented by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectivelythis Supplemental Indenture);
(ix4) 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 to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x2) and (xi3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).controlling;
(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 Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄8Issuers’ 6.500% Senior Notes due 20242021. 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 Four Hundred Million Dollars ($225,000,000 400,000,000) aggregate principal amount of the Notes. Additional Notes may be issued under this Fourth Supplemental Indenture after the date hereof in accordance with Section 2.042.13.
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto. The Initial Notes shall be issued initially in the form of a 144A Global Note and a Regulation S Global Note.
(d) 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 thereonrelated Guarantees) only, the Base Indenture shall be amended and supplemented pursuant to Sections 2.12.01, 3.1 2.03 and 9.1 9.01 thereof to establish the form and terms of the Notes (and any Subsidiary Guarantees endorsed thereonrelated Guarantees) as set forth in this Fourth Supplemental Indenture, including as follows:
(i) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 of the Base Indenture shall be established in accordance with Article II of this Supplemental Indenture;
(ii) the provisions of Article 4 Articles I, II, III, IV, V, VI, VII, IX, X, XI, XIII and XIV 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 Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 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 Fourth 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
(xiii) the provisions Notes shall be substantially in the form of Section 9.2 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 8.02 hereofExhibit A hereto. To the extent that the provisions of this Fourth Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Fourth Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereonrelated Guarantees).
(gf) Unless otherwise expressly specified, references in this Fourth Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 of Securities to be issued under this Supplemental Indenture, to be designated as the Company’s “5 3⁄85.125% Senior Notes due 20242028 (the “Notes”).”
(b) There are is to be authenticated and delivered on the date hereof $225,000,000 300.0 million aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after on the date hereof in accordance with Section 2.04(the “Initial Notes”).
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Seventh Supplemental Indenture, including as follows:
(i) the form and terms provisions of the securities representing the Notes required to be established pursuant to Article 2 IV of the Base Indenture shall be established are deleted and replaced in accordance with Article II their entirety by the provisions of Section 8.06 of this Seventh Supplemental Indenture;
(ii) the provisions of Article 4 VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII hereof5 of this Seventh Supplemental Indenture;
(iii) the provisions of Article 8 IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V hereof9 of this Seventh Supplemental Indenture;
(iv) the provisions of Article 10 X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article IV hereof4 of this Seventh Supplemental Indenture;
(v) the provisions of Article 11 XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article III hereof8 of this Seventh Supplemental Indenture;
(vi) the provisions of Article 12 XIII of the Base Indenture shall not be applicable to are deleted and replaced in their entirety by the Notesprovisions of Article 3 of this Seventh Supplemental Indenture;
(vii) the provisions of Article 13 in Sections 501 and 502 of the Base Indenture shall be applicable to are deleted and replaced in their entirety by the Senior Notes as specified in Section 9.01 provisions of Sections 6.01 and 6.02 of this Seventh Supplemental Indenture;
(viii) the provisions of Sections 5.1, 5.2 and 5.6 in Section 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectively4.03 of this Seventh Supplemental Indenture;
(ix) the provisions of Section 7.4 Article XII of the Base Indenture are deleted and replaced in their entirety by shall not be applicable to the provisions of Section 4.10 hereofNotes;
(x) the provisions of Section 9.1 Article XVI of the Base Indenture are deleted and replaced shall be applicable to the Notes as specified in their entirety by the provisions Section 10.01 of Section 8.01 hereofthis Seventh Supplemental Indenture; and
(xi) the provisions form of Section 9.2 the securities representing the Notes required to be established pursuant to Article II of the Base Indenture are deleted and replaced shall be established in their entirety by the provisions accordance with Article 2 of Section 8.02 hereofthis Seventh Supplemental Indenture. To the extent that the provisions of this Seventh Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xi) immediately above) conflict with any provision of the Base Indenture, the provisions of this Seventh Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary 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 Seventh Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 Supplemental Indenture, to be designated as the Company’s “5 3⁄88 1/4% Senior Subordinated Notes due 20242018 (the “Notes”).”
(b) There are is to be authenticated and delivered on the date hereof $225,000,000 400 million aggregate principal amount of the Notes. Additional Notes may be issued under this Supplemental Indenture after on the date hereof in accordance with Section 2.04(the “Initial Notes”).
(c) The Notes shall be issued substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) the form and terms The provisions of the securities representing the Notes required to be established pursuant to Article 2 IV of the Base Indenture shall be established are deleted and replaced in accordance with Article II their entirety by the provisions of Section 8.06 of this First Supplemental Indenture;
(ii) the The provisions of Article 4 VIII of the Base Indenture are deleted and replaced in their entirety by the provisions of Article VII hereof5 of this First Supplemental Indenture;
(iii) the The provisions of Article 8 IX of the Base Indenture are deleted and replaced in their entirety by the provisions of Article V hereof9 of this First Supplemental Indenture;
(iv) the The provisions of Article 10 X of the Base Indenture are deleted and replaced in their entirety by the provisions of Article IV hereof4 of this First Supplemental Indenture;
(v) the The provisions of Article 11 XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Article III hereof8 of this First Supplemental Indenture;
(vi) the The provisions of Article 12 in Sections 501 and 502 of the Base Indenture shall not be applicable to are deleted and replaced in their entirety by the Notesprovisions of Sections 6.01 and 6.02 of this First Supplemental Indenture;
(vii) the 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 5.6 703 of the Base Indenture are deleted and replaced in their entirety by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectively4.03 of this First Supplemental Indenture;
(viii) The provisions of Article XII of the Base Indenture shall not be applicable to the Notes;
(ix) the The provisions of Section 7.4 Article XVI of the Base Indenture are deleted and replaced shall be applicable to the Notes as specified in their entirety by the provisions Section 11.01 of Section 4.10 hereof;this First Supplemental Indenture; and
(x) The form of the provisions of Section 9.1 securities representing the Notes required to be established pursuant to Article II of the Base Indenture are deleted and replaced shall be established in their entirety by the provisions accordance with Article 2 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 hereofthis First Supplemental Indenture. To the extent that the provisions of this First Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xi) immediately above) conflict with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary 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 First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 the Indenture, to be designated as the Company’s “5 3⁄87 1/2% Senior Subordinated Notes due 20242017.”
(b) There are to be authenticated and delivered on the date hereof Five Hundred Fifty Million Dollars ($225,000,000 550,000,000) aggregate principal amount of the 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 substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A hereto.
(d) 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 2.12.01, 3.1 3.01 and 9.1 9.01 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII and XIV of the Base Indenture are deleted and replaced in their entirety by the provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 14 of this First Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this First 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 First Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(f) The Notes shall rank pari passu with the Company’s Existing Notes.
(g) Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
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Establishment. (a) There is hereby established a new series Series of Securities (each as defined in the Base Indenture) to be issued under this Supplemental Indenture, to be designated as the CompanyIssuer’s “5 3⁄89.00% Senior Subordinated Notes due 20242016.”
(b) There are to be authenticated and delivered on the date hereof up to $225,000,000 400,000,000 aggregate principal amount of the 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 substantially in the form of Exhibit A heretoone or more permanent Notes in accordance with Article Two of this Supplemental Indenture.
(d) 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.
(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 Solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon) onlythe Guarantees, the Base Indenture shall be amended, supplemented and modified pursuant to Sections 2.12.01, 3.1 2.02 and 9.1 9.01 thereof to establish the terms of the Notes (and any Subsidiary the Guarantees endorsed thereon) as set forth in this Supplemental Indenture, including as follows:
(i1) the form and terms of the securities representing the Notes required to be established pursuant to Article 2 Two of the Base Indenture shall be are established in accordance with pursuant to Article II Two of this Supplemental Indenture;
(ii2) the provisions of Article 4 Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten of the Base Indenture are deleted and replaced superseded in their entirety by by, respectively, the provisions of Article VII hereof;
(iii) the provisions of Article 8 of the Base Indenture are deleted Articles One, Two, Three, Four, Five, Six, Seven, Eight, Nine 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 Twelve of this Supplemental Indenture;
(viii3) the provisions of Sections 5.1Articles Ten and Eleven of this Supplemental Indenture supplement, 5.2 and 5.6 of but shall not otherwise modify, the Base Indenture are deleted and replaced in their entirety (as otherwise supplemented by the provisions of Section 6.01, 6.02 and 6.03 hereof, respectivelythis Supplemental Indenture);
(ix4) 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 to the extent that the provisions of this Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x2) and (xi3) immediately above) are duplicative of, or in conflict with with, any provision of the Base Indenture, the provisions of this Supplemental Indenture shall govern and be controlling solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).controlling;
(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 Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this 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 are hereby established a two new series of Securities to be issued under this Supplemental Indenture, to be designated as the Company’s “5 3⁄87.875% Senior Notes due 20242018” and “8.125% Senior Notes due 2020.”
(b) There are to be authenticated and delivered on the date hereof (i) Three Hundred Fifty Million Dollars ($225,000,000 350,000,000) aggregate principal amount of the 2018 Notes and (ii) (i) Three Hundred Fifty Million Dollars ($350,000,000) aggregate principal amount of the 2020 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 substantially in the form of one or more permanent Notes in substantially the form set out in Exhibit A heretoA-1, in the case of the 2018 Notes, and Exhibit A-2, in the case of the 2020 Notes.
(d) 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 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this First Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV and 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, 10 and 11 of this First Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this First 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 First Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this First Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(gf) Unless otherwise expressly specified, references in this First Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this First Supplemental Indenture, and not the Base Indenture or any other document.
Appears in 1 contract
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 “5 3⁄84.75% Senior Notes due 20242023.”
(b) There are to be authenticated and delivered on the date hereof Five Hundred Million Dollars ($225,000,000 500,000,000) aggregate principal amount of the Initial Notes. Additional Notes may be issued under this Supplemental Indenture after the date hereof in accordance with Section 2.04.
(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 amount (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).
(df) 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.
(fg) With respect to the Notes (and any Subsidiary Guarantees endorsed thereon) only, the Base Indenture shall be supplemented pursuant to Sections 2.1201, 3.1 301 and 9.1 901 thereof to establish the terms of the Notes (and any Subsidiary Guarantees endorsed thereon) as set forth in this Third Supplemental Indenture, including as follows:
(i) The provisions of Articles I, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV and 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, 10 and 11 of this Third Supplemental Indenture;
(ii) The form and terms of the securities representing the Notes required to be established pursuant to Article 2 II of the Base Indenture shall be established in accordance with Article II 2 of this Third 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 Third Supplemental Indenture (including those referred to in clauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x) and (xiii) immediately above) conflict with any provision of the Base Indenture, the provisions of this Third Supplemental Indenture shall govern and be controlling controlling, solely with respect to the Notes (and any Subsidiary Guarantees endorsed thereon).
(gh) Unless otherwise expressly specified, references in this Third Supplemental Indenture to specific Article numbers or Section numbers refer to Articles and Sections contained in this Third Supplemental Indenture, and not the Base Indenture or any other document.
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