Common use of General Terms; Additional Notes Clause in Contracts

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.625% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January 15 and July 15 of each year (each such date, an “Interest Payment Date”), commencing January 15, 2022 to Holders of record as of the close of business on January 1 and July 1, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 2 contracts

Sources: Indenture (Victoria's Secret & Co.), Indenture (Victoria's Secret & Co.)

General Terms; Additional Notes. All Notes will vote (or consent) as a single class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6254.750% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January February 15 and July August 15 of each year (each such date, an “Interest Payment Date”), commencing January August 15, 2022 2021, to Holders of record as of the close of business on January the February 1 and July or August 1, as applicable and whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company Issuer without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (US Foods Holding Corp.)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6258.875% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January 15 May 30 and July 15 November 30 of each year (each such date, an “Interest Payment Date”), commencing January 15November 30, 2022 2024 to Holders of record as of the close of business on January 1 and July 1the Regular Record Date for such interest, which shall be May 15 or November 15 (whether or not a Business Day), immediately as the case may be, next preceding each such Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject solely to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (Xerox Corp)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6256.625% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January April 15 and July October 15 of each year (each such date, an “Interest Payment Date”), commencing January April 15, 2022 2025, to Holders of record as of the close of business on January the April 1 and July October 1, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company Issuer without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided provided, further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (Phinia Inc.)

General Terms; Additional Notes. All Notes will vote (or consent) as a single class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6257.125% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January 15 February 1 and July 15 August 1 of each year (each such date, an “Interest Payment Date”), commencing January 15August 1, 2022 2026, to Holders of record as of the close of business on the Regular Record Date for such interest, which shall be January 1 15 or July 15, as applicable and July 1, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Secured Notes Indenture (Columbus McKinnon Corp)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6257.875% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January 15 and July 15 of each year (each such date, an “Interest Payment Date”), commencing January July 15, 2022 2021, to Holders of record as of the close of business on the January 1 and July 1, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company Issuer without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section Sections 407 and 413 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided provided, further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (Tenneco Inc)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6256.875% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January 15 1 and July 15 1 of each year (each such date, an “Interest Payment Date”), commencing January 151, 2022 2021 to Holders of record as of the close of business on January 1 December 15 and July 1June 15, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section Sections 407 and 413 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. Holders of Additional Notes issued will share equally and ratably in the Collateral with the Holders of the Notes issued prior thereto. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (L Brands, Inc.)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.62513.500% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January April 15 and July October 15 of each year (each such date, an “Interest Payment Date”), commencing January October 15, 2022 2025 to Holders of record as of the close of business on January the Regular Record Date for such interest, which shall be April 1 and July 1, or October 1 (whether or not a Business Day), immediately as the case may be, next preceding each such Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject solely to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (Xerox Corp)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6256.625% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January 15 April 1 and July 15 October 1 of each year (each such date, an “Interest Payment Date”), commencing January 15April 1, 2022 2021 to Holders of record as of the close of business on January 1 March 15 and July 1September 15, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section Sections 407 and 413 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (L Brands, Inc.)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a the rate of 4.625% per annum set forth in Exhibit A, which is incorporated in and expressly made part of the terms of this Indenture. Interest shall be payable from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually quarterly on January 15 1, April 1, July 1 and July 15 October 1 of each year (each such date, an “Interest Payment Date”), commencing January 15October 1, 2022 2025 to Holders of record as of the close of business on January 1 and July 1, whether or not a Business Day, immediately preceding each Interest Payment Datethe Regular Record Date for such interest. Principal on the Notes will be payable as set forth in Exhibit A hereto. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject solely to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (Xerox Corp)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.62510.250% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January April 15 and July October 15 of each year (each such date, an “Interest Payment Date”), commencing January October 15, 2022 2025 to Holders of record as of the close of business on January the Regular Record Date for such interest, which shall be April 1 and July 1, or October 1 (whether or not a Business Day), immediately as the case may be, next preceding each such Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject solely to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (Xerox Corp)

General Terms; Additional Notes. All Notes will vote (or consent) as a single class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6255.750% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January April 15 and July October 15 of each year (each such date, an “Interest Payment Date”), commencing January April 15, 2022 2025, to Holders of record as of the close of business on January April 1 and July or October 1, as applicable and whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (US Foods Holding Corp.)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6255.125% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January April 15 and July October 15 of each year (each such date, an “Interest Payment Date”), commencing January October 15, 2022 2021, to Holders of record as of the close of business on January the April 1 and July October 1, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company Issuer without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section Sections 407 and 413 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided provided, further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (Tenneco Inc)

General Terms; Additional Notes. All Notes will vote (or consent) as a single class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6257.250% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January 15 and July 15 of each year (each such date, an “Interest Payment Date”), commencing January 15, 2022 2024, to Holders of record as of the close of business on January 1 and or July 1, as applicable and whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (US Foods Holding Corp.)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6256.75% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January April 15 and July October 15 of each year (each such date, an “Interest Payment Date”), commencing January October 15, 2022 2024, to Holders of record as of the close of business on January the April 1 and July October 1, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company Issuer without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section Sections 407 and 413 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided provided, further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (Phinia Inc.)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6259.375% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January 15 1 and July 15 1 of each year (each such date, an “Interest Payment Date”), commencing January 151, 2022 2021 to Holders of record as of the close of business on January 1 December 15 and July 1June 15, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section Sections 407 and 413 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (L Brands, Inc.)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6256.250% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January April 15 and July October 15 of each year (each such date, an “Interest Payment Date”), commencing January October 15, 2022 2020, to Holders of record as of the close of business on January the April 1 and July October 1, whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company Issuer without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section Sections 407 and 413 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (US Foods Holding Corp.)

General Terms; Additional Notes. All Notes will vote (or consent) as a single class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6256.875% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January March 15 and July September 15 of each year (each such date, an “Interest Payment Date”), commencing January March 15, 2022 2024, to Holders of record as of the close of business on January March 1 and July or September 1, as applicable and whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (US Foods Holding Corp.)

General Terms; Additional Notes. All Notes will vote (or consent) as a single class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6256.500% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January March 15 and July September 15 of each year (each such date, an “Interest Payment Date”), commencing January September 15, 2022 2025, to Holders of record as of the close of business on January March 1 and July or September 1, as applicable and whether or not a Business Day, immediately preceding each Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (WEX Inc.)

General Terms; Additional Notes. All Notes will vote (or consent) as a class with the other Notes and otherwise be treated as a single class of Notes for all purposes of this Indenture. Each Note will bear interest at a rate of 4.6255.000% per annum from the Issue Date or from the most recent date to which interest has been paid or provided for, payable semi-annually on January 15 1 and July 15 1 of each year (each such date, an “Interest Payment Date”), commencing January 151, 2022 2021 to Holders of record as of the close of business on January 1 and July 1the Regular Record Date for such interest, which shall be December 15 or June 15 (whether or not a Business Day), immediately as the case may be, next preceding each such Interest Payment Date. Additional Notes ranking pari passu with the Initial Notes may be created and issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Notes and shall have the same terms as to status, redemption or otherwise as the Initial Notes other than with respect to the date of issuance and, if applicable, original interest accrual date and original interest payment date; provided that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 407 hereof. Any Additional Notes may be issued with the benefit of an indenture supplemental to this Indenture; provided further, however, that in the event any Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such non-fungible notes will be issued with a separate CUSIP number or ISIN so they are distinguishable from the Initial Notes. The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Company, the Subsidiary Guarantors and the Trustee Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Note conflicts with the express provisions of this Indenture, the provisions of this Indenture shall govern and be controlling.

Appears in 1 contract

Sources: Indenture (Minerals Technologies Inc)