Common use of Execution and Authentication; Aggregate Principal Amount Clause in Contracts

Execution and Authentication; Aggregate Principal Amount. (1) The Notes shall be executed on behalf of the Obligor by any two Officers of the Obligor. The signature of any of these officers on the Notes may be manual or facsimile. Typographical and other minor errors or defects in any such signature shall not affect the validity or enforceability of any Note that has been duly authenticated and delivered by the Trustee. (2) Notes bearing the manual or facsimile signatures of individuals who were at any time on or after the date hereof the proper officers of the Obligor shall bind the Obligor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Notes or did not hold such offices at the date of such Notes. (3) The Trustee shall, upon receipt of a written order of the Obligor signed by an Officer thereof (an "Authentication Order"), in accordance with procedures acceptable to the Trustee set forth in the Authentication Order, and subject to the provisions hereof, authenticate (1) the Initial Notes in aggregate principal amount not to exceed $1,000,000,000, (2) Series B Notes for issue only in a Registered Exchange Offer, pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount and (3) Private Exchange Securities for issue pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount. (4) The aggregate principal amount of Notes Outstanding at any time may not exceed the sum of (i) $1,000,000,000, and (ii) the principal amount of lost, destroyed or stolen Notes for which replacement Notes are issued pursuant to Section 2.05. (5) The Notes shall be in fully registered form, without coupons, in minimum denominations of $1,000 and integral multiples of $1,000 in excess thereof.

Appears in 3 contracts

Sources: Indenture (Bottling Group LLC), Indenture (Bottling Group LLC), Indenture (Pepsi Bottling Group Inc)

Execution and Authentication; Aggregate Principal Amount. (1) The Notes shall be executed on behalf of the Obligor by any two Officers of the Obligor. The signature of any of these officers on the Notes may be manual or facsimile. Typographical and other minor errors or defects in any such signature shall not affect the validity or enforceability of any Note that has been duly authenticated and delivered by the Trustee. (2) Notes bearing the manual or facsimile signatures of individuals who were at any time on or after the date hereof the proper officers of the Obligor shall bind the Obligor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Notes or did not hold such offices at the date of such Notes. (3) The Trustee shall, upon receipt of a written order of the Obligor signed by an Officer thereof (an "Authentication Order"), in accordance with procedures acceptable to the Trustee set forth in the Authentication Order, and subject to the provisions hereof, authenticate authenticate and deliver (1) on the Issue Date, the Initial Notes in aggregate principal amount not to exceed $1,000,000,000250,000,000, (2) Series B from time to time after the Issue Date, Additional Notes for original issue in an aggregate principal amount specified in an Authentication Order that shall also specify the date on which such Additional Notes are to be authenticated, (3) Exchange Notes for issue only in a Registered Exchange Offer, pursuant to the Registration Rights Agreement, in exchange for Initial Notes (together, if applicable, with any Additional Unregistered Notes) for a like principal amount and (34) Private Exchange Securities Notes for issue pursuant to the Registration Rights Agreement, in exchange for Initial Notes Notes(together, if applicable, with any Additional Unregistered Notes) for a like principal amount. (4) The aggregate principal amount of Notes Outstanding at any time may not exceed the sum of (i) $1,000,000,000250,000,000 plus the aggregate principal amount of any Additional Notes issued from time to time, and (ii) the principal amount of lost, destroyed or stolen Notes for which replacement Notes are issued pursuant to Section 2.05. (5) The Notes shall be in fully registered form, without coupons, in minimum denominations of $1,000 and integral multiples of $1,000 in excess thereof. (6) In accordance with Section 2.12, Additional Notes may be issued from time to time under this Indenture after the date hereof, subject to the provisions of this Indenture.

Appears in 1 contract

Sources: Indenture (Bottling Group LLC)

Execution and Authentication; Aggregate Principal Amount. (1) The Notes shall be executed on behalf of the Obligor by any two Officers of the Obligor. The signature of any of these officers on the Notes may be manual or facsimile. Typographical and other minor errors or defects in any such signature shall not affect the validity or enforceability of any Note that has been duly authenticated and delivered by the Trustee. (2) Notes bearing the manual or facsimile signatures of individuals who were at any time on or after the date hereof the proper officers of the Obligor shall bind the Obligor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Notes or did not hold such offices at the date of such Notes. (3) The Trustee shall, upon receipt of a written order of the Obligor signed by an Officer thereof (an "Authentication OrderAUTHENTICATION ORDER"), in accordance with procedures acceptable to the Trustee set forth in the Authentication Order, and subject to the provisions hereof, authenticate (1) authenticate and deliver the Initial Notes in an aggregate principal amount not to exceed $1,000,000,000, (2) Series B Notes for issue only in a Registered Exchange Offer, pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount and (3) Private Exchange Securities for issue pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount10,000,000. (4) The aggregate principal amount of Notes Outstanding at any time may not exceed the sum of (i) $1,000,000,00010,000,000, and (ii) the principal amount of lost, destroyed or stolen Notes for which replacement Notes are issued pursuant to Section 2.05. (5) The Notes shall be in fully registered form, without coupons, in minimum denominations of $1,000 50.00 and integral multiples of $1,000 50.00 in excess thereof.

Appears in 1 contract

Sources: Indenture (Alpine Group Inc /De/)

Execution and Authentication; Aggregate Principal Amount. (1) The Notes shall be executed on behalf of the Obligor by any two Officers of the Obligor. The signature of any of these officers on the Notes may be manual or facsimile. Typographical and other minor errors or defects in any such signature shall not affect the validity or enforceability of any Note that has been duly authenticated and delivered by the Trustee. (2) Notes bearing the manual or facsimile signatures of individuals who were at any time on or after the date hereof the proper officers of the Obligor shall bind the Obligor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Notes or did not hold such offices at the date of such Notes. (3) The Trustee shall, upon receipt of a written order of the Obligor signed by an Officer thereof (an "Authentication Order"), in accordance with procedures acceptable to the Trustee set forth in the Authentication Order, and subject to the provisions hereof, authenticate authenticate and deliver (1) the Initial Notes in aggregate principal amount not to exceed $1,000,000,000250,000,000, (2) Series B Exchange Notes for issue only in a Registered Exchange Offer, pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount and (3) Private Exchange Securities Notes for issue pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount. (4) The aggregate principal amount of Notes Outstanding at any time may not exceed the sum of (i) $1,000,000,000250,000,000, and (ii) the principal amount of lost, destroyed or stolen Notes for which replacement Notes are issued pursuant to Section 2.05. (5) The Notes shall be in fully registered form, without coupons, in minimum denominations of $1,000 and integral multiples of $1,000 in excess thereof.

Appears in 1 contract

Sources: Indenture (Bottling Group LLC)

Execution and Authentication; Aggregate Principal Amount. (1) The Notes shall be executed on behalf Two Officers, or an Officer and an Assistant Secretary of the Obligor Company, shall sign, or one Officer shall sign and one Officer or an Assistant Secretary (each of whom shall, in each case, have been duly authorized by any two Officers all requisite corporate actions) shall attest to, the Notes for the Company by manual or facsimile signature. If an Officer or Assistant Secretary whose signature is on a Note or a Guarantee was an Officer or Assistant Secretary at the time of such execution but no longer holds that office or position at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be valid until an authorized signatory of the ObligorTrustee manually signs the certificate of authentication on the Note. The signature of any of these officers on shall be conclusive evidence that the Notes may be manual or facsimile. Typographical and other minor errors or defects in any such signature shall not affect the validity or enforceability of any Note that has been duly authenticated and delivered by the Trustee. (2) Notes bearing the manual or facsimile signatures of individuals who were at any time on or after the date hereof the proper officers of the Obligor shall bind the Obligor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Notes or did not hold such offices at the date of such Notes. (3) under this Indenture. The Trustee shall, upon receipt of a written order of the Obligor signed by an Officer thereof shall authenticate (an "Authentication Order"), in accordance with procedures acceptable to the Trustee set forth i) Initial Notes for original issue in the Authentication Order, and subject to the provisions hereof, authenticate (1) the Initial Notes in aggregate principal amount not to exceed $1,000,000,000225,000,000 in one or more series, (2ii) Series B Private Exchange Notes from time to time for issue only in a Registered Exchange Offer, pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount of Initial Notes and (3iii) Private Exchange Securities for issue pursuant Unrestricted Notes from time to the Registration Rights Agreement, time only (A) in exchange for Initial Notes for a like principal amount. amount of Initial Notes or (4B) in an aggregate principal amount of not more than the excess of $225,000,000 over the sum of the aggregate principal amount of (x) Initial Notes then outstanding, (y) Private Exchange Notes then outstanding and (z) Unrestricted Notes issued in accordance with (iii)(A) above, in each case upon a written order of the Company in the form of an Officers' Certificate of the Company. Each such written order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated, whether the Notes are to be Initial Notes, Private Exchange Notes or Unrestricted Notes and whether the Notes are to be issued as Physical Notes or Global Notes or such other information as the Trustee may reasonably request. The aggregate principal amount of Notes Outstanding outstanding at any time may not exceed the sum of (i) $1,000,000,000225,000,000, except as provided in Sections 2.07 and (ii) the principal amount of lost, destroyed or stolen Notes for which replacement Notes are issued pursuant to Section 2.052.08. (5) The Notes shall be in fully registered form, without coupons, in minimum denominations of $1,000 and integral multiples of $1,000 in excess thereof.

Appears in 1 contract

Sources: Indenture (Sickinger Co)

Execution and Authentication; Aggregate Principal Amount. (1) The Notes shall be executed on behalf Two Officers, or an Officer and an Assistant Secretary of the Obligor Company, shall sign, or one Officer shall sign and one Officer or an Assistant Secretary (each of whom shall, in each case, have been duly authorized by any two Officers all requisite corporate actions) shall attest to, the Notes for the Company by manual or facsimile signature. If an Officer or Assistant Secretary whose signature is on a Note or a Guarantee was an Officer or Assistant Secretary at the time of such execution but no longer holds that office or position at the time the Trustee authenticates the Note, the Note shall nevertheless be valid. A Note shall not be valid until an authorized signatory of the ObligorTrustee manually signs the certificate of authentication on the Note. The signature of any of these officers on shall be conclusive evidence that the Notes may be manual or facsimile. Typographical and other minor errors or defects in any such signature shall not affect the validity or enforceability of any Note that has been duly authenticated under this Indenture. The Trustee shall authenticate (i) Initial Notes for original issue in the aggregate principal amount of $100,000,000, (ii) Private Exchange Notes from time to time for issue only in exchange for a like principal amount of Initial Notes and delivered by (iii) Unrestricted Notes from time to time only (A) in exchange for a like principal amount of Initial Notes or (B) in an aggregate principal amount of not more than the Trustee. (2) Notes bearing excess of $100,000,000 over the manual or facsimile signatures of individuals who were at any time on or after the date hereof the proper officers sum of the Obligor shall bind the Obligoraggregate principal amount of (x) Initial Notes then outstanding, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication (y) Private Exchange Notes then outstanding and delivery of such (z) Unrestricted Notes or did not hold such offices at the date of such Notes. issued in accordance with (3iii)(A) The Trustee shallabove, in each case upon receipt of a written order of the Obligor signed by an Officer thereof (an "Authentication Order"), in accordance with procedures acceptable to the Trustee set forth Company in the Authentication Order, and subject to form of an Officer's Certificate of the provisions hereof, authenticate (1) Company. Each such written order shall specify the Initial Notes in aggregate principal amount not to exceed $1,000,000,000, (2) Series B Notes for issue only in a Registered Exchange Offer, pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount and (3) Private Exchange Securities for issue pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount. (4) The aggregate principal amount of Notes Outstanding at any time may not exceed to be authenticated and the sum of (i) $1,000,000,000, and (ii) date on which the principal amount of lost, destroyed or stolen Notes for which replacement Notes are issued pursuant to Section 2.05. (5) The Notes shall be in fully registered form, without coupons, in minimum denominations of $1,000 and integral multiples of $1,000 in excess thereof.be

Appears in 1 contract

Sources: Indenture (3003969 Nova Scotia LTD)

Execution and Authentication; Aggregate Principal Amount. (1) The Notes shall be executed on behalf of the Obligor by any two Officers of the Obligor. The signature of any of these officers on the Notes may be manual or facsimile. Typographical and other minor errors or defects in any such signature shall not affect the validity or enforceability of any Note that has been duly authenticated and delivered by the Trustee. (2) Notes bearing the manual or facsimile signatures of individuals who were at any time on or after the date hereof the proper officers of the Obligor shall bind the Obligor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Notes or did not hold such offices at the date of such Notes. (3) The Trustee shall, upon receipt of a written order of the Obligor signed by an Officer thereof (an "β€œAuthentication Order"”), in accordance with procedures acceptable to the Trustee set forth in the Authentication Order, and subject to the provisions hereof, authenticate (1) authenticate and deliver the Initial Notes in an aggregate principal amount not to exceed $1,000,000,000, (2) Series B Notes for issue only in a Registered Exchange Offer, pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount and (3) Private Exchange Securities for issue pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount10,000,000. (4) The aggregate principal amount of Notes Outstanding at any time may not exceed the sum of (i) $1,000,000,00010,000,000, and (ii) the principal amount of lost, destroyed or stolen Notes for which replacement Notes are issued pursuant to Section 2.05. (5) The Notes shall be in fully registered form, without coupons, in minimum denominations of $1,000 100 and integral multiples of $1,000 1 in excess thereof.

Appears in 1 contract

Sources: Indenture (Gencor Industries Inc)

Execution and Authentication; Aggregate Principal Amount. (1) The Notes shall be executed on behalf of the Obligor by any two Officers of the Obligor. The signature of any of these officers on the Notes may be manual or facsimile. Typographical and other minor errors or defects in any such signature shall not affect the validity or enforceability of any Note that has been duly authenticated and delivered by the Trustee. (2) . Notes bearing the manual or facsimile signatures of individuals who were at any time on or after the date hereof the proper officers of the Obligor shall bind the Obligor, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Notes or did not hold such offices at the date of such Notes. (3) . The Trustee shall, upon receipt of a written order of the Obligor signed by an Officer thereof (an "Authentication Order"), in accordance with procedures acceptable to the Trustee set forth in the Authentication Order, and subject to the provisions hereof, authenticate (1) authenticate and deliver the Initial Notes in aggregate principal amount not to exceed $1,000,000,000, (2) Series B Notes for issue only in a Registered Exchange Offer, pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount and (3) Private Exchange Securities for issue pursuant to the Registration Rights Agreement, in exchange for Initial Notes for a like principal amount. (4) 2,500,000,000. The aggregate principal amount of Notes Outstanding at any time may not exceed the sum of (i) $1,000,000,0002,500,000,000 Notes, and (ii) the principal amount of lost, destroyed or stolen Notes for which replacement Notes are issued pursuant to Section 2.05. (5) 205 hereof. The Notes shall be in fully registered form, without coupons, in minimum denominations of $1,000 250,000 and integral multiples of $1,000 in excess thereof.

Appears in 1 contract

Sources: Indenture (Pepsi Bottling Group Inc)