Issuance and Designation. A class of Partnership Units is hereby designated as “LTIP Units,” and the number of LTIP Units that may be issued is not limited by the Agreement. From time to time, the General Partner is authorized to issue LTIP Units to Persons providing services to or for the benefit of the Partnership for such consideration or for no consideration as the General Partner may determine to be appropriate and on such terms and conditions as shall be established by the General Partner, and admit such Persons as Limited Partners. LTIP Units may be issued in one or more classes, or one or more series of any such classes, bearing such relationship to one another as to allocations, distributions and other rights as the General Partner shall determine in its sole and absolute discretion subject to Delaware law and the Agreement. Except to the extent that a capital contribution is made with respect to an LTIP Unit, each LTIP Unit is intended to qualify as a profits interests in the Partnership within the meaning of the Code, the Regulations, and any published guidance by the Internal Revenue Service with respect thereto. A Person (other than an existing Partner) who is issued LTIP Units in exchange for no consideration shall be admitted to the Partnership as an additional Limited Partner upon the satisfactory completion of the requirements for admission of an Additional Limited Partner pursuant to Section 12.2.A(i) through (iii) of the Agreement.
Issuance and Designation. A Series of Senior Debt Securities which shall be designated as the Company’s “6.500% Senior Notes due 2016” shall be executed, authenticated and delivered in accordance with the provisions of, and shall in all respects be subject to, the terms, conditions and covenants of, the Indenture and this Indenture Supplement (including the form of Note set forth in Exhibit A). The aggregate principal amount of the Notes which may be authenticated and delivered under this Indenture Supplement shall not, except as permitted by the provisions of the Indenture, exceed $500,000,000, provided that the Company may, without the consent of the Holders of the Notes, reopen this Series and issue additional Notes under the Indenture and this Indenture Supplement in addition to the $500,000,000 of Notes authorized as of the date hereof.
Issuance and Designation. A Series of Subordinated Debt Securities which shall be designated as the Company's "Subordinated Medium-Term Notes, Series A" shall be executed, authenticated and delivered from time to time in accordance with the provisions of, and shall in all respects be subject to, the terms, conditions and covenants of, the Indenture and this Indenture Supplement (including the form of Subordinated Notes set forth in Exhibits A and B). The aggregate principal amount of the Subordinated Notes which may be authenticated and delivered under the Indenture Supplement shall not, except as permitted by the provisions of the Indenture, exceed $250,000,000.
Issuance and Designation. A Series of Senior Debt Securities which shall be designated as the Company's "Medium-Term Notes, Series D" shall be executed, authenticated and delivered from time to time in accordance with the provisions of, and shall in all respects be subject to, the terms, conditions and covenants of, the Indenture and this Indenture Supplement (including the form of Notes set forth in Exhibits A and B). The aggregate principal amount of the Notes which may be authenticated and delivered under the Indenture Supplement shall not, except as permitted by the provisions of the Indenture, exceed $150,000,000.
Issuance and Designation. A series of Securities which shall be designated as the Company's "Zero Coupon Convertible Debentures due June 20, 2021" is hereby duly established and shall be executed, authenticated and delivered in accordance with the provisions of, and shall in all respects be subject to, the terms, conditions and covenants of, the Original Indenture and this Supplemental Indenture. The aggregate principal amount at maturity of the Debentures which may be authenticated and delivered under this Supplemental Indenture shall not, except as permitted by the provisions of the Original Indenture, exceed $2,420,750,000, as the same may be increased from time to time in connection with an increased accretion rate pursuant to paragraph 1 of the Debentures.
Issuance and Designation. 3 Section 2.02. Form and Other Terms of Notes; Incorporation of Terms................3 Section 2.03. Place and Method of Payment..........................................3
Issuance and Designation. A Series of Subordinated Debt Securities which shall be designated as the Company's "Subordinated Medium-Term Notes, Series E" shall be executed, authenticated and delivered from time to time in accordance with the provisions of, and shall in all respects be subject to, the terms, conditions and covenants of, the Indenture and this Indenture Supplement (including the form of Subordinated Notes set forth in Exhibits A and B). The aggregate principal amount of the Subordinated Notes which may be authenticated and delivered under the Indenture Supplement (together with the aggregate principal amount of the Company's Senior Medium-Term Notes, Series E) shall not, except as permitted by the provisions of the Indenture, exceed $500,000,000; provided, however, the Subordinated Notes may be reopened, without the consent of the Holders, for the issuance of additional Subordinated Notes as may be authorized by the Board of Directors of the Company and set forth in an Officers' Certificate delivered to the Trustee.
Issuance and Designation. A class of Partnership Units is hereby designated as “LTIP Units,” and the number of LTIP Units that may be issued is not limited by the Agreement. From time to time, the General Partner is authorized to issue LTIP Units to Persons providing services to or for the benefit of the Partnership for such consideration or for no consideration as the General Partner may determine to be appropriate and on such terms and conditions as shall be established by the General Partner, and admit such Persons as Limited Partners in accordance with the Agreement. LTIP Units may be issued in one or more classes, or one or more series of any such classes, bearing such relationship to one another as to allocations, distributions and other rights as the General Partner shall determine in its sole and absolute discretion, subject to Maryland law and the Agreement. Except to the extent that a capital contribution is made with respect to an LTIP Unit, each LTIP Unit is intended to qualify as a profits interest in the Partnership within the meaning of the Code, the Regulations, and any published guidance by the IRS with respect thereto (“Profits Interests”), and this Partnership Unit Designation and the Agreement shall be interpreted consistently with such intent. A Person (other than an existing Partner) who is issued LTIP Units in exchange for no consideration shall be admitted to the Partnership as an additional Limited Partner upon the satisfactory completion of the requirements for admission of an Additional Limited Partner pursuant to Section 12.2.A(i) through (iii) of the Agreement.
Issuance and Designation. This class of membership interests shall be designated as Class C Common Shares (the "Class C Shares"). The Manager hereby authorizes 52,000 Class C Shares for issuance. Capitalized terms used but not expressly defined herein are used as defined in the LLC Agreement.
Issuance and Designation. (a) A series of New Notes which shall be designated as the Company's "111/2% Series C Senior Secured Notes due 2006" is hereby duly established and shall be executed, authenticated and delivered in accordance with the provisions of, and shall in all respects be subject to, the terms, conditions and covenants of, the Original Indenture and this Supplemental Indenture. The aggregate principal amount at maturity of the Series C Notes that may be authenticated and delivered under this Supplemental Indenture shall not, except as permitted by the provisions of the Original Indenture, exceed $166,000,000.
