Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 28 contracts
Samples: Indenture (KMC Telecom Holdings Inc), Indenture (Allegiance Telecom Inc), Indenture (Amtran Inc)
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 13 contracts
Samples: Steel Dynamics Inc, Steel Dynamics Inc, Indenture (Regal Cinemas Inc)
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE
Appears in 6 contracts
Samples: Indenture (Landrys Restaurants Inc), Indenture (Landrys Restaurants Inc), Indenture (Science Craftsman INC)
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture, including without limitation, Add On Notes. The Each of the Notes issued on the Closing Date and any additional Notes subsequently issued shall each be treated as a single class for all purposes under this Indenture, unless otherwise provided in this Indenture.
Appears in 6 contracts
Samples: Kansas City Southern, Kansas City Southern De Mexico, S.A. De C.V., Kansas City Southern De Mexico, S.A. De C.V.
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE REDEMPTION
Appears in 6 contracts
Samples: Supplemental Indenture (Steel Dynamics Inc), Execusion Version (Steel Dynamics Inc), Supplemental Indenture (Steel Dynamics Inc)
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date offered hereby and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE
Appears in 6 contracts
Samples: Loral Cyberstar (Loral Cyberstar Inc), Loral Cyberstar (Loral Cyberstar Inc), Loral Cyberstar (Loral Space & Communications LTD)
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued under this Indenture shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE
Appears in 5 contracts
Samples: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.)
Issuance of Additional Notes. The Company may, subject to ---------------------------- Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 5 contracts
Samples: Indenture (Aon Corp), Indenture (Aon Corp), Urs Corp /New/
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE
Appears in 4 contracts
Samples: Indenture (Time Warner Telecom Inc), Indenture (Aon Corp), Indenture (Time Warner Telecom Inc)
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture. The Additional Notes may be issued in private or public transactions and will contain relevant legends.
Appears in 4 contracts
Samples: Indenture (SPX Corp), Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.)
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureSection 4.7 hereof and applicable law, issue additional Additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 3 contracts
Samples: Indenture (CSK Auto Corp), CSK Auto Corp, Dennys Corp
Issuance of Additional Notes. The Company may, subject to ---------------------------- Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 3 contracts
Samples: Itc Deltacom Inc, Itc Deltacom Inc, TVN Entertainment Corp
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 2 contracts
Samples: Knowles Electronics LLC, Giant Industries Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this IndentureIndenture (the "ADDITIONAL NOTES"). The Notes issued on the Closing Date Date, any Exchange Notes and any additional Additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 2 contracts
Samples: Indenture (Carrier1 International S A), Carrier1 International S A
Issuance of Additional Notes. The Company may, subject to Article Four IV of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 2 contracts
Samples: American Trans Air Execujet Inc, American Trans Air Execujet Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureSection 4.7 hereof and applicable law, issue additional Additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE III
Appears in 2 contracts
Samples: RFS Partnership Lp, RFS Hotel Investors Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenturehereof and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE
Appears in 2 contracts
Samples: Indenture (HHG Distributing, LLC), Indenture (Hhgregg, Inc.)
Issuance of Additional Notes. The Company Obligors may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 2 contracts
Samples: Indenture (Time Warner Telecom LLC), Indenture (Time Warner Telecom LLC)
Issuance of Additional Notes. The Company company may, subject to Article Four of this IndentureSection 4.11 hereof and applicable law, issue additional Additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 2 contracts
Samples: Radiologix Inc, Radiologix Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Each of the Notes issued on the Closing Date and any additional Notes subsequently issued shall each be treated as a single class for all purposes under this Indenture, unless otherwise provided in this Indenture.
Appears in 2 contracts
Samples: Indenture (TFM Sa De Cv), Indenture (Kansas City Southern)
Issuance of Additional Notes. The Company may, subject to ----------------------------- Article Four of this Indenture, issue additional Notes under this Indenture. The Each of the Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture, unless otherwise provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Silgan Holdings Inc)
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE [RESERVED]
Appears in 1 contract
Samples: Viatel Inc
Issuance of Additional Notes. The Company may, subject to --------------------------------- Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: CFW Communications Co
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. 43 38
Appears in 1 contract
Samples: Long Distance International Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureSection 4.7 hereof and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Herbalife International Inc
Issuance of Additional Notes. The Company may, subject ---------------------------- to Article Four Three of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Indenture (Loudcloud Inc)
Issuance of Additional Notes. The Company may, subject to ---------------------------- Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE REDEMPTION
Appears in 1 contract
Samples: Diva Systems Corp
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE SECTION
Appears in 1 contract
Samples: Indenture (Kansas City Southern)
Issuance of Additional Notes. The Company may, subject to Article Four 4 of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Indenture (Citizens Banking Corp)
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Silgan Holdings Inc)
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE 3
Appears in 1 contract
Samples: Metrocall Inc
Issuance of Additional Notes. The ---------------------------- Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Icg Services Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. <PAGE> 29 ARTICLE THREE
Appears in 1 contract
Samples: Esterline Technologies Corp
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureSection 4.7 hereof and applicable law, issue additional Additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date Date, any Exchange Notes and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Ingram Micro Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The All Notes issued on the Closing Date and any additional Notes subsequently issued pursuant to this Indenture shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Viatel Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall may be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Innova S De Rl
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. The Additional Notes may be issued in private or public transactions and will contain relevant legends. ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Sothebys)
Issuance of Additional Notes. The Company may, subject to Article Four 4 of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Indenture (United Industries Corp)
Issuance of Additional Notes. The Company may, ---------------------------- subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Icg Services Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this IndentureIndenture (the "Additional Notes"). The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Indenture (O Charleys Inc)
Issuance of Additional Notes. The Company may, subject to ----------------------------------- Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on issue don the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: CFW Communications Co
Issuance of Additional Notes. The Company may, subject to Article Four IV of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Indenture (VHS of Phoenix Inc)
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, may issue additional Additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Gtech Corp
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes under this Indenture. The Notes issued on the Closing Issue Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. REDEMPTION
Appears in 1 contract
Samples: Indenture (Landrys Restaurants Inc)
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureIndenture and applicable law, issue additional Notes notes under this IndentureIndenture (“Additional Notes”). The Notes issued on the Closing Date and any additional Additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. The Additional Notes may be issued in private or public transactions and will contain relevant legends. ARTICLE THREE
Appears in 1 contract
Samples: Indenture (Sothebys)
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, may issue additional Additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Additional Notes of the same series subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Gtech Holdings Corp
Issuance of Additional Notes. The Company may, subject to Article Four of this IndentureSection 4.7 hereof and applicable law, issue additional Additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE II
Appears in 1 contract
Samples: United Musical Instruments Usa Inc
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.. ARTICLE THREE Redemption EXHIBIT 4.17
Appears in 1 contract
Samples: Acme Metals Inc /De/
Issuance of Additional Notes. The Company company may, subject to Article Four of this Indenturesection 4.7 hereof and applicable law, issue additional Notes notes under this Indentureindenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture.
Appears in 1 contract
Samples: Mikohn (Mikohn Gaming Corp)
Issuance of Additional Notes. The Company may, subject to Article Four of this Indenture, issue additional Notes under this Indenture. The Notes issued on the Closing Date and any additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture. In addition, the Company's 13% Senior Discount Notes due 2007, the Company's 12?% Senior Discount Notes due 2008 and any other issue of unsubordinated, unsecured notes shall vote together with the Notes as a single class to the extent provided in the definition of "Required Consents."
Appears in 1 contract
Samples: Indenture (Nextel International Inc)