Common use of Form, Dating and Terms Clause in Contracts

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.9, 2.11 or 9.5 or in connection with a Change of Control Offer pursuant to Section 3.10. The Initial Securities shall be known and designated as "8 1/4% Senior Notes, Series A, due 2012" of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 1/4% Senior Notes, Series A, due 2012" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4% Senior Notes, Series B, due 2012" of the Company, and Exchange Securities shall be known and designated as "8 1/4% Senior Notes, Series B, due 2012" of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 2 contracts

Samples: Indenture (Portola Packaging, Inc. Mexico, S.A. De C.V.), Indenture (Portola Packaging Inc)

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Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,000400,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4“7.250% Senior Notes, Series A, due 2012" 2019” of the CompanyIssuer. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“7.250% Senior Notes, Series A, due 2012" 2019” of the CompanyIssuer. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“7.250% Senior Notes, Series B, due 2012" 2019” of the CompanyIssuer, and Exchange Securities shall be known and designated as "8 1/4“7.250% Senior Notes, Series B, due 2012" 2019” of the CompanyIssuer. With respect to any Additional Securities, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 2 contracts

Samples: Indenture (Antero Resources Finance Corp), Indenture (Antero Resources LLC)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000200,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.92.10, 2.11 2.12 or 9.5 or in connection with a Change of Control Offer pursuant to Section 3.103.6. The Initial Securities shall be known and designated as "8 1/46.25% Senior Notes, Series A, due 20122013" of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 1/46.25% Senior Notes, Series A, due 20122013" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/46.25% Senior Notes, Series B, due 20122013" of the Company, and Exchange Securities shall be known and designated as "8 1/46.25% Senior Notes, Series B, due 20122013" of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Birchwood Manor Inc

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount at maturity of $180,000,000136,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, Section 3.3 hereof, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.92.10, 2.11 2.12 or 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.7 or a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4% “12¼% Senior Discount Notes, Series A, due 2012" of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d2.1(e) ("Restricted Securities") shall be known and designated as "8 1/4% “12¼% Senior Discount Notes, Series A, due 2012" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4% “12¼% Senior Discount Notes, Series B, due 2012" of the Company, and Exchange Securities shall be known and designated as "8 1/4% “12¼% Senior Discount Notes, Series B, due 2012" of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto’ Certificate, the following information:

Appears in 1 contract

Samples: Indenture (Mq Associates Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will be in an aggregate principal amount of $180,000,000290,000,000. In addition, the Company Issuers may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Sections 2.2, 2.6, 2.10, 2.12, 5.6 or 9.5, in connection with a Collateral Disposition Offer or Asset Sale Offer pursuant to Section 2.6, 2.9, 2.11 or 9.5 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. Notwithstanding anything to the contrary contained herein, the Issuers may not issue any Additional Notes, unless such issuance is in compliance with Sections 3.2 and 3.6. The Initial Securities Notes shall be known and designated as "8 1/4“10.50% Senior Secured Notes, Series A, due 2012" 2017” of the CompanyIssuers. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“10.50% Senior Secured Notes, Series A, due 2012" 2017” of the CompanyIssuers. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“10.50% Senior Secured Notes, Series B, due 2012" 2017” of the CompanyIssuers, and Exchange Securities Notes shall be known and designated as "8 1/4“10.50% Senior Secured Notes, Series B, due 2012" 2017” of the CompanyIssuers. With respect to any Additional SecuritiesNotes, the Company Issuers shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Northern Tier Energy, Inc.)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,000250,000,000. In addition, the Company Issuers may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. The Initial Securities shall be known and designated as "8 1/4“8.75% Senior Notes, Series A, due 2012" 2017” of the CompanyIssuers. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“8.75% Senior Notes, Series A, due 2012" 2017” of the CompanyIssuers. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“8.75% Senior Notes, Series B, due 2012" 2017” of the CompanyIssuers, and Exchange Securities shall be known and designated as "8 1/4“8.75% Senior Notes, Series B, due 2012" 2017” of the CompanyIssuers. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: License Agreement (Colt Finance Corp.)

Form, Dating and Terms. (a) Section 2.2 The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will be in an aggregate principal amount of $180,000,000150,000,000. In addition, the Company Issuers may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, Section 3.3(a) hereof, Additional Securities Notes and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities Notes pursuant to Section 2.6, 2.92.10, 2.11 2.12 or 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.8 or a Change of Control Offer pursuant to Section 3.10. The Initial Securities Notes shall be known and designated as "8 1/4“10 7/8% Senior Notes, Series A, due 2012" 2014” of the CompanyIssuers. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“10 7/8% Senior Notes, Series A, due 2012" 2014” of the CompanyIssuers. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“10 7/8% Senior Notes, Series B, due 2012" 2014” of the CompanyIssuers, and Exchange Securities Notes shall be known and designated as "8 1/4“10 7/8% Senior Notes, Series B, due 2012" 2014” of the CompanyIssuers. With respect to any Additional SecuritiesNotes, the Company Issuers shall set forth in (a) a Board Resolution of the Company and (b) (ib)(i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Palace Entertainment Holdings, Inc.)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will shall be in an aggregate principal amount of $180,000,000325,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes; provided, however, that if Additional Notes are not fungible for U.S. federal income tax purposes with the Initial Notes, or the Exchange Notes issued in exchange therefore, the Additional Notes will have a separate CUSIP number. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Sections 2.02, 2.06, 2.09, 2.11, 5.06 or 9.05, in connection with an Asset Sale Offer pursuant to Section 2.6, 2.9, 2.11 or 9.5 3.05 or in connection with a Change of Control Offer pursuant to Section 3.103.09. Notwithstanding anything to the contrary contained herein, the Issuer may not issue any Additional Notes, unless such issuance is in compliance with Section 3.02. The Initial Securities Notes shall be known and designated as "8 1/4“6.750% Senior Unsecured Notes, Series A, due 2012" 2019” of the CompanyIssuer. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“6.750% Senior Unsecured Notes, Series A, due 2012" 2019” of the CompanyIssuer. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“6.750% Senior Unsecured Notes, Series B, due 2012" 2019” of the CompanyIssuer, and Exchange Securities Notes shall be known and designated as "8 1/4“6.750% Senior Unsecured Notes, Series B, due 2012" 2019” of the CompanyIssuer. With respect to any Additional SecuritiesNotes, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Radioshack Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000850,000,000. In addition, the Company Issuers may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.9, 2.11 2.11, 5.8 or 9.5 or in connection with a Change of Control Offer pursuant to Section 3.103.11 or an Asset Disposition Offer under Section 3.5. The Initial Securities shall be known and designated as "8 1/4“7.375% Senior Notes, Series A, due 2012" 2013” of the CompanyIssuers. Additional Securities issued as securities bearing one of the restrictive legends described in under Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 1/4“7.375% Senior Notes, Series A, due 2012" 2013” of the CompanyIssuers. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“7.375% Senior Notes, Series B, due 2012" 2013” of the CompanyIssuers, and Exchange Securities shall be known and designated as "8 1/4“7.375% Senior Notes, Series B, due 2012" 2013” of the CompanyIssuers. With respect to any Additional Securities, the Company Issuers shall set forth in (a) a Board Resolution Resolutions of the Company Issuers and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Mirant Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will be in an aggregate principal amount of $180,000,000315,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this IndentureIndenture and subject to Section 4.10, Additional Securities Notes and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities Notes pursuant to Section 2.62.06, 2.92.07, 2.11 2.10 or 9.5 9.06 or in connection with a Change of Control Offer pursuant to Section 3.104.09 or an Asset Sale Offer pursuant to Section 4.13. The Initial Securities Notes shall be known and designated as "8 1/4“9% Senior Subordinated Notes, Series A, due 2012" 2014” of the CompanyIssuer. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d2.01(d) ("Restricted Securities"Notes”) shall be known and designated as "8 1/4“9% Senior Subordinated Notes, Series A, due 2012" 2014” of the CompanyIssuer. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“9% Senior Subordinated Notes, Series B, due 2012" 2014” of the CompanyIssuer, and Exchange Securities Notes shall be known and designated as "8 1/4“9% Senior Subordinated Notes, Series B, due 2012" 2014” of the CompanyIssuer. With respect to any Additional SecuritiesNotes, the Company Issuer shall set forth in (a) a Board Resolution of the Company Issuer and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, a copy of each of which shall be delivered to the Trustee, the following information:

Appears in 1 contract

Samples: LCE AcquisitionSub, Inc.

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will be in an aggregate principal amount of $180,000,000300,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Sections 2.2, 2.6, 2.10, 2.12, 5.6 or 9.5, in connection with an Asset Sale Offer pursuant to Section 2.6, 2.9, 2.11 or 9.5 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. Notwithstanding anything to the contrary contained herein, the Issuer may not issue any Additional Notes, unless such issuance is in compliance with Sections 3.2 and 3.6. The Initial Securities Notes shall be known and designated as "8 1/4“11 3/4% Senior Secured Notes, Series A, due 2012" 2015” of the CompanyIssuer. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“11 3/4% Senior Secured Notes, Series A, due 2012" 2015” of the CompanyIssuer. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“11 3/4% Senior Secured Notes, Series B, due 2012" 2015” of the CompanyIssuer, and Exchange Securities Notes shall be known and designated as "8 1/4“11 3/4% Senior Secured Notes, Series B, due 2012" 2015” of the CompanyIssuer. With respect to any Additional SecuritiesNotes, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or and (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Junior Lien Intercreditor Agreement (Bankrate, Inc.)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,000300,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4“6.0% Senior Notes, Series A, due 2012" 2020” of the CompanyIssuer. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“6.0% Senior Notes, Series A, due 2012" 2020” of the CompanyIssuer. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“6.0% Senior Notes, Series B, due 2012" 2020” of the CompanyIssuer, and Exchange Securities shall be known and designated as "8 1/4“6.0% Senior Notes, Series B, due 2012" 2020” of the CompanyIssuer. With respect to any Additional Securities, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Antero Resources LLC)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will shall be in an aggregate principal amount of $180,000,000275,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Sections 2.2, 2.6, 2.10, 2.12, 5.6 or 9.5, in connection with an Asset Sale Offer pursuant to Section 2.6, 2.9, 2.11 or 9.5 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. Notwithstanding anything to the contrary contained herein, the Issuer may not issue any Additional Notes, unless such issuance is in compliance with Sections 3.2 and 3.6. The Initial Securities Notes shall be known and designated as "8 1/4% “9¼% Senior Notes, Series A, due 2012" 2018” of the CompanyIssuer. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4% “9¼% Senior Notes, Series A, due 2012" 2018” of the CompanyIssuer. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4% “9¼% Senior Notes, Series B, due 2012" 2018” of the CompanyIssuer, and Exchange Securities Notes shall be known and designated as "8 1/4% “9¼% Senior Notes, Series B, due 2012" 2018” of the CompanyIssuer. With respect to any Additional SecuritiesNotes, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Armored AutoGroup Inc.)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000250,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.9, 2.11 or 9.5 or in connection with a Change of Control Offer pursuant to Section 3.10. The Initial Securities shall be known and designated as "8 9 1/4% Senior Notes, Series A, due 20122011" of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 9 1/4% Senior Notes, Series A, due 20122011" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 9 1/4% Senior Notes, Series B, due 20122011" of the Company, and Exchange Securities shall be known and designated as "8 9 1/4% Senior Notes, Series B, due 20122011" of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Argo Tech Corp

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,0001,600,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer or Alternate Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4“5.875% Senior Notes, Series A, due 2012" 2022” of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“5.875% Senior Notes, Series A, due 2012" 2022” of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“5.875% Senior Notes, Series B, due 2012" 2022” of the Company, and Exchange Securities shall be known and designated as "8 1/4“5.875% Senior Notes, Series B, due 2012" 2022” of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (CONSOL Energy Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will shall be in an aggregate principal amount of $180,000,000400,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Sections 2.2, 2.6, 2.10, 2.12, 5.6 or 9.5, in connection with an Asset Sale Offer pursuant to Section 2.6, 2.9, 2.11 or 9.5 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. Notwithstanding anything to the contrary contained herein, the Issuer may not issue any Additional Notes, unless such issuance is in compliance with Sections 3.2 and 3.6. The Initial Securities Notes shall be known and designated as "8 1/4“7.75% Senior Notes, Series A, due 2012" 2018” of the CompanyIssuer. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“7.75% Senior Notes, Series A, due 2012" 2018” of the CompanyIssuer. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“7.75% Senior Notes, Series B, due 2012" 2018” of the CompanyIssuer, and Exchange Securities Notes shall be known and designated as "8 1/4“7.75% Senior Notes, Series B, due 2012" 2018” of the CompanyIssuer. With respect to any Additional SecuritiesNotes, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Citadel Broadcasting Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,000300,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer or Alternate Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4“9.000% Senior Notes, Series A, due 2012" 2022” of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“9.000% Senior Notes, Series A, due 2012" 2022” of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“9.000% Senior Notes, Series B, due 2012" 2022” of the Company, and Exchange Securities shall be known and designated as "8 1/4“9.000% Senior Notes, Series B, due 2012" 2022” of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Warren Resources Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000400,000,000. In addition, the Company Issuers may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.9, 2.11 or 9.5 or in connection with a Change of Control Offer pursuant to Section 3.10. The Initial Securities shall be known and designated as "8 1/410 3/8% Senior Notes, Series A, due 20122011" of the CompanyIssuers. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 1/410 3/8% Senior Notes, Series A, due 20122011" of the CompanyIssuers. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/410 3/8% Senior Notes, Series B, due 20122011" of the CompanyIssuers, and Exchange Securities shall be known and designated as "8 1/410 3/8% Senior Notes, Series B, due 20122011" of the CompanyIssuers. With respect to any Additional Securities, the Company Issuers shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Gerdau Usa Inc

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,0001,000,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4“5.375% Senior Notes, Series A, due 2012" 2021” of the CompanyIssuer. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“5.375% Senior Notes, Series A, due 2012" 2021” of the CompanyIssuer. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“5.375% Senior Notes, Series B, due 2012" 2021” of the CompanyIssuer, and Exchange Securities shall be known and designated as "8 1/4“5.375% Senior Notes, Series B, due 2012" 2021” of the CompanyIssuer. With respect to any Additional Securities, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities 2022 Notes issued on the date hereof will Issue Date shall be in an aggregate principal amount of $180,000,000700,000,000, and the 2025 Notes issued on the Issue Date shall be in an aggregate principal amount of $500,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities, subject to compliance with Section 3.2. Any Additional Securities of a series that are not fungible with the Initial Securities of such series for U.S. federal income tax purposes shall have a separate CUSIP number and Exchange SecuritiesISIN from the Initial Securities of such series. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.103.9. The 2022 Notes and 2025 Notes that are Initial Securities shall be known and designated as "8 1/4“6.875% Senior NotesNotes due 2022” and “7.125% Senior Notes due 2025”, Series Arespectively, due 2012" of the CompanyIssuer. The 2022 Notes and 2025 Notes that are Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 1/4% Senior Notes, Series A, due 2012" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“6.875% Senior NotesNotes due 2022” and “7.125% Senior Notes due 2025”, Series Brespectively, due 2012" of the Company, and Exchange Securities shall be known and designated as "8 1/4% Senior Notes, Series B, due 2012" of the CompanyIssuer. With respect to any Additional Securities, the Company Issuer shall set forth in (a) a Board Resolution of the Company Issuer and (b) (i) an Officers' Certificate or and (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Ultra Petroleum Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,000600,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4“5.125% Senior Notes, Series A, due 2012" 2022” of the CompanyIssuer. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“5.125% Senior Notes, Series A, due 2012" 2022” of the CompanyIssuer. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“5.125% Senior Notes, Series B, due 2012" 2022” of the CompanyIssuer, and Exchange Securities shall be known and designated as "8 1/4“5.125% Senior Notes, Series B, due 2012" 2022” of the CompanyIssuer. With respect to any Additional Securities, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will be in an aggregate principal amount of $180,000,000525,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Sections 2.2, 2.6, 2.10, 2.12, 5.6 or 9.5, in connection with a Collateral Disposition Offer or Asset Sale Offer pursuant to Section 2.63.5, 2.9, 2.11 or 9.5 or in connection with a Change of Control Offer pursuant to Section 3.103.10 or in connection with an Excess Cash Flow Offer pursuant to Section 5.9. Notwithstanding anything to the contrary contained herein, the Issuer may not issue any Additional Notes, unless such issuance is in compliance with Sections 3.2 and 3.6. The Initial Securities Notes shall be known and designated as "8 1/4% “Floating Rate Senior Secured Notes, Series A, due 2012" 2017” of the CompanyIssuer. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4% “Floating Rate Senior Secured Notes, Series A, due 2012" 2017” of the CompanyIssuer. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4% “Floating Rate Senior Secured Notes, Series B, due 2012" 2017” of the CompanyIssuer, and Exchange Securities Notes shall be known and designated as "8 1/4% “Floating Rate Senior Secured Notes, Series B, due 2012" 2017” of the CompanyIssuer. With respect to any Additional SecuritiesNotes, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (RDA Holding Co.)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000150,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.9, 2.11 or 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.6 or a Change of Control Offer pursuant to Section 3.103.11. The Initial Securities shall be known and designated as "8 1/4% “8¼% Senior Notes, Series A, due 2012" 2011” of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 1/4% “8¼% Senior Notes, Series A, due 2012" 2011” of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4% “8¼% Senior Notes, Series B, due 2012" 2011” of the Company, and Exchange Securities shall be known and designated as "8 1/4% “8¼% Senior Notes, Series B, due 2012" 2011” of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Ryerson Tull Inc /De/)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will shall be in an aggregate principal amount of $180,000,000150,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Notes in the form of Exhibit A hereto (together with such changes thereto as the Company and the Trustee may agree to reflect Additional Notes issued in a registered offering under the Securities and Exchange SecuritiesAct, or that such Securities are Additional Notes). Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.9, 2.11 2.11, 5.4 or 9.5 or 5.8 in connection with a Change of Control Offer pursuant to Section 3.103.5. Notwithstanding anything to the contrary contained herein, the Company may not issue any Additional Notes, unless immediately after giving effect to such issuance, no Default or Event of Default shall have occurred and be continuing. The Initial Securities Notes shall be known and designated as "8 1/4“4.625% Senior Notes, Series A, Notes due 2012" 2021” of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“4.625% Senior Notes, Series A, Notes due 2012" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4% Senior Notes, Series B, due 2012" of the Company, and Exchange Securities shall be known and designated as "8 1/4% Senior Notes, Series B, due 2012" 2021” of the Company. With respect to any Additional SecuritiesNotes, the Company shall set forth in (a) a Board Resolution of the Company and (b) (ib)(i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Brunswick Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will be in an aggregate principal amount of $180,000,000275,000,000. In addition, the Company Issuers may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Sections 2.2, 2.6, 2.10, 2.12, 5.6 or 9.5, in connection with a Collateral Disposition Offer or Asset Sale Offer pursuant to Section 2.6, 2.9, 2.11 or 9.5 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. Notwithstanding anything to the contrary contained herein, the Issuers may not issue any Additional Notes, unless such issuance is in compliance with Sections 3.2 and 3.6. The Initial Securities Notes shall be known and designated as "8 1/4“7.125% Senior Secured Notes, Series A, due 2012" 2020” of the CompanyIssuers. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“7.125% Senior Secured Notes, Series A, due 2012" 2020” of the CompanyIssuers. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“7.125% Senior Secured Notes, Series B, due 2012" 2020” of the CompanyIssuers, and Exchange Securities Notes shall be known and designated as "8 1/4“7.125% Senior Secured Notes, Series B, due 2012" 2020” of the CompanyIssuers. With respect to any Additional SecuritiesNotes, the Company Issuers shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Northern Tier Energy LLC)

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Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will shall be in an aggregate principal amount of $180,000,000610,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Section Sections 2.2, 2.6, 2.9, 2.11 2.11, 5.6 or 9.5 9.5, in connection with an Asset Sale Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. Notwithstanding anything to the contrary contained herein, the Issuer may not issue any Additional Notes, unless such issuance is in compliance with Section 3.2. The Initial Securities Notes shall be known and designated as "8 1/4“7.75% Senior Notes, Series A, due 2012" 2019” of the CompanyIssuer. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“7.75% Senior Notes, Series A, due 2012" 2019” of the CompanyIssuer. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“7.75% Senior Notes, Series B, due 2012" 2019” of the CompanyIssuer, and Exchange Securities Notes shall be known and designated as "8 1/4“7.75% Senior Notes, Series B, due 2012" 2019” of the CompanyIssuer. With respect to any Additional SecuritiesNotes, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Cumulus Media Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,000500,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer or Alternate Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4“8.000% Senior Notes, Series A, due 2012" 2023” of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“8.000% Senior Notes, Series A, due 2012" 2023” of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“8.000% Senior Notes, Series B, due 2012" 2023” of the Company, and Exchange Securities shall be known and designated as "8 1/4“8.000% Senior Notes, Series B, due 2012" 2023” of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (CONSOL Energy Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will shall be in an aggregate principal amount of $180,000,000250,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to 2.2, 2.6, 2.10, 2.12, 5.6 or 9.5, in connection with an Net Proceeds Offer pursuant to Section 2.6, 2.9, 2.11 or 9.5 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. Notwithstanding anything to the contrary contained herein, the Issuer may not issue any Additional Notes, unless such issuance is in compliance with Section 3.2 and 3.6. The Initial Securities Notes shall be known and designated as "8 1/4“9.0% Senior Notes, Series A, Notes due 2012" 2019” of the CompanyIssuer. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“9.0% Senior Notes, Series A, Notes due 2012" 2019” of the CompanyIssuer. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“9.0% Senior Notes, Series B, Notes due 2012" 2019” of the CompanyIssuer, and Exchange Securities Notes shall be known and designated as "8 1/4“9.0% Senior Notes, Series B, Notes due 2012" 2019” of the CompanyIssuer. With respect to any Additional SecuritiesNotes, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or and (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (ExamWorks Group, Inc.)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000112,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.9, 2.11 or 9.5 or in connection with a Change of Control Offer pursuant to Section 3.10. The Initial Securities shall be known and designated as "8 1/4103/4% Senior Notes, Series A, due 2012" of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 1/4103/4% Senior Notes, Series A, due 2012" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4103/4% Senior Notes, Series B, due 2012" of the Company, and Exchange Securities shall be known and designated as "8 1/4103/4% Senior Notes, Series B, due 2012" of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Credit Agreement (Cornell Companies Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, SECTION 3.3 hereof, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section SECTION 2.6, 2.92.10, 2.11 2.12 or 9.5 or in connection with an Asset Disposition Offer pursuant to SECTION 3.7 or a Change of Control Offer pursuant to Section 3.10SECTION 3.9. The Initial Securities shall be known and designated as "8 1/411 7/8% Senior Subordinated Notes, Series A, due 2012" of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted SecuritiesRESTRICTED SECURITIES") shall be known and designated as "8 1/411 7/8% Senior Subordinated Notes, Series A, due 2012" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/411 7/8% Senior Subordinated Notes, Series B, due 2012" of the Company, and Exchange Securities shall be known and designated as "8 1/411 7/8% Senior Subordinated Notes, Series B, due 2012" of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental heretoCertificate, the following information:

Appears in 1 contract

Samples: Montgomery Open Mri LLC

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,000750,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4“5.625% Senior Notes, Series A, due 2012" 2023” of the CompanyIssuer. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“5.625% Senior Notes, Series A, due 2012" 2023” of the CompanyIssuer. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“5.625% Senior Notes, Series B, due 2012" 2023” of the CompanyIssuer, and Exchange Securities shall be known and designated as "8 1/4“5.625% Senior Notes, Series B, due 2012" 2023” of the CompanyIssuer. With respect to any Additional Securities, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,000375,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/49.375% Senior Notes, Series A, due 20122017" of the CompanyIssuer. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/49.375% Senior Notes, Series A, due 20122017" of the CompanyIssuer. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/49.375% Senior Notes, Series B, due 20122017" of the CompanyIssuer, and Exchange Securities shall be known and designated as "8 1/49.375% Senior Notes, Series B, due 20122017" of the CompanyIssuer. With respect to any Additional Securities, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Antero Resources Finance Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued and to be authenticated by the Trustee upon the execution of this Indenture on the date hereof will be in an aggregate principal amount of $180,000,000152,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 or in connection with a Change of Control Offer pursuant to Section 3.103.10 or an Asset Disposition Offer under Section 3.5. The Initial Securities shall be known and designated as "8 1/4“10 3/4% Senior Subordinated Notes, Series A, due 2012" 2015” of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in under Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 1/4“10 3/4% Senior Subordinated Notes, Series A, due 2012" 2015” of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“10 3/4% Senior Subordinated Notes, Series B, due 2012" 2015” of the Company, and Exchange Securities shall be known and designated as "8 1/4“10 3/4% Senior Subordinated Notes, Series B, due 2012" 2015” of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Eye Care Centers of America Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000210,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.92.8, 2.11 2.10, 5.8 or 9.5 or in connection with a Change of Control Offer pursuant to Section 3.103.9 or an Asset Disposition Offer under Section 3.5. The Initial Securities shall be known and designated as "8 1/4“6.250% Senior Subordinated Notes, Series A, due 2012" 2021” of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in under Section 2.1(d) ("Restricted Securities") shall be known and designated as "8 1/4“6.250% Senior Subordinated Notes, Series A, due 2012" 2021” of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“6.250% Senior Subordinated Notes, Series B, due 2012" 2021” of the Company, and Exchange Securities shall be known and designated as "8 1/4“6.250% Senior Subordinated Notes, Series B, due 2012" 2021” of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Gibraltar Industries, Inc.)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000250,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, Section 3.3 hereof, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.9, 2.11 or 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.7 or a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/410 % Senior Notes, Series A, due 20122008" of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/410% Senior Notes, Series A, due 20122008" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/410% Senior Notes, Series B, due 20122008" of the Company, and Exchange Securities shall be known and designated as "8 1/410% Senior Notes, Series B, due 20122008" of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental heretoOfficer's Certificate, the following information:

Appears in 1 contract

Samples: Jiffy Lube International Inc

Form, Dating and Terms. (a) The aggregate principal amount at maturity of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will shall be in an aggregate principal amount at maturity of $180,000,000685,000,000. In addition, the Company Issuers may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities and Exchange SecuritiesNotes (as provided herein). Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Sections 2.2, 2.6, 2.10, 2.12, 5.6 or 9.5, in connection with an Asset Sale Offer pursuant to Section 2.6, 2.9, 2.11 or 9.5 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. Notwithstanding anything to the contrary contained herein, the Issuers may not issue any Additional Notes, unless such issuance is in compliance with Sections 3.2 and 3.6. The Initial Securities Notes shall be known and designated as "8 1/4“11% Senior Discount Notes, Series A, due 2012" 2019” of the CompanyIssuers. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“11% Senior Discount Notes, Series A, due 2012" 2019” of the CompanyIssuers. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“11% Senior Discount Notes, Series B, due 2012" 2019” of the Company, and Exchange Securities shall be known and designated as "8 1/4% Senior Notes, Series B, due 2012" of the CompanyIssuers. With respect to any Additional SecuritiesNotes, the Company Issuers shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Justice Delaware Holdco Inc.)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000250,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, Section 3.3 hereof, Additional Securities and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities pursuant to Section 2.6, 2.9, 2.11 or 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.7 or a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/49.25% Senior Notes, Series A, due 20122010" of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/49.25% Senior Notes, Series A, due 20122010" of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/49.25% Senior Notes, Series BS, due 20122010" of the Company, and Exchange Securities shall be known and designated as "8 1/49.25% Senior Notes, Series BS, due 20122010" of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental heretoOfficer's Certificate, the following information:

Appears in 1 contract

Samples: Russell Corp

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will be in an aggregate principal amount of $180,000,000160,000,000. In addition, the Company may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. The Initial Securities shall be known and designated as "8 1/4% “12¾% Senior Secured Notes, Series A, due 2012" 2014” of the Company. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4% “12¾% Senior Secured Notes, Series A, due 2012" 2014” of the Company. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4% “12¾% Senior Secured Notes, Series B, due 2012" 2014” of the Company, and Exchange Securities shall be known and designated as "8 1/4% “12¾% Senior Secured Notes, Series B, due 2012" 2014” of the Company. With respect to any Additional Securities, the Company shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Prospect Medical Holdings Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will shall be in an aggregate principal amount of $180,000,000800,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities Notes (as provided herein) and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities Notes pursuant to Sections 2.2, 2.6, 2.10, 2.12, 5.6 or 9.5, in connection with an Asset Sale Offer pursuant to Section 2.6, 2.9, 2.11 or 9.5 3.5 or in connection with a Change of Control Offer pursuant to Section 3.10. Notwithstanding anything to the contrary contained herein, the Issuer may not issue any Additional Notes, unless such issuance is in compliance with Sections 3.2 and 3.6. The Initial Securities Notes shall be known and designated as "“97/ 8 1/4% Senior Notes, Series A, due 2012" 2018” of the CompanyIssuer. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "“97/ 8 1/4% Senior Notes, Series A, due 2012" 2018” of the CompanyIssuer. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "“97/ 8 1/4% Senior Notes, Series B, due 2012" 2018” of the CompanyIssuer, and Exchange Securities Notes shall be known and designated as "“97/ 8 1/4% Senior Notes, Series B, due 2012" 2018” of the CompanyIssuer. With respect to any Additional SecuritiesNotes, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (Burger King Holdings Inc)

Form, Dating and Terms. (a) The aggregate principal amount of Securities that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities issued on the date hereof will shall be in an aggregate principal amount of $180,000,000600,000,000. In addition, the Company Issuer may issue, from time to time in accordance with the provisions of this Indenture, Additional Securities (as provided herein) and Exchange Securities. Furthermore, Securities may be authenticated and delivered upon registration or of transfer, exchange or in lieu of, other Securities pursuant to Section 2.2, 2.6, 2.92.10, 2.11 2.12, 5.8 or 9.5 9.5, in connection with an Asset Disposition Offer pursuant to Section 3.5 or in connection with a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities shall be known and designated as "8 1/4“5.0% Senior Notes, Series A, due 2012" 2025” of the CompanyIssuer. Additional Securities issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Securities shall be known and designated as "8 1/4“5.0% Senior Notes, Series A, due 2012" 2025” of the CompanyIssuer. Additional Securities issued other than as Restricted Securities shall be known and designated as "8 1/4“5.0% Senior Notes, Series B, due 2012" 2025” of the CompanyIssuer, and Exchange Securities shall be known and designated as "8 1/4“5.0% Senior Notes, Series B, due 2012" 2025” of the CompanyIssuer. With respect to any Additional Securities, the Company Issuer shall set forth in (a) a Board Resolution of the Company and (b) (i) an Officers' Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

Form, Dating and Terms. (a) The aggregate principal amount of Securities Notes that may be authenticated and delivered under this Indenture is unlimited. The Initial Securities Notes issued on the date hereof will be in an aggregate principal amount of $180,000,000225,000,000. In addition, the Company Issuers may issue, from time to time in accordance with the provisions of this Indenture, including, without limitation, Section 3.3(a), Additional Securities Notes and Exchange SecuritiesNotes. Furthermore, Securities Notes may be authenticated and delivered upon registration or transfer, or in lieu of, other Securities Notes pursuant to Section 2.6, 2.92.8, 2.11 2.10 or 9.5 or in connection with an Asset Disposition Offer pursuant to Section 3.7 or a Change of Control Offer pursuant to Section 3.103.9. The Initial Securities Notes shall be known and designated as "8 1/4“10.000% Senior Notes, Series A, due 2012" 2020” of the CompanyIssuers. Additional Securities Notes issued as securities bearing one of the restrictive legends described in Section 2.1(d) ("Restricted Securities") Notes shall be known and designated as "8 1/4“10.000% Senior Notes, Series A, due 2012" 2020” of the CompanyIssuers. Additional Securities Notes issued other than as Restricted Securities Notes shall be known and designated as "8 1/4“10.000% Senior Notes, Series B, due 2012" 2020” of the CompanyIssuers, and Exchange Securities Notes shall be known and designated as "8 1/4“10.000% Senior Notes, Series B, due 2012" 2020” of the CompanyIssuers. With respect to any Additional SecuritiesNotes, the Company Issuers shall set forth in (a) a Board Resolution of the Company and (b) (ib)(i) an Officers' Officer’s Certificate or (ii) one or more indentures supplemental hereto, the following information:

Appears in 1 contract

Samples: Quiksilver (Quiksilver Inc)

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