Common use of Issuance of Additional Notes Clause in Contracts

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)

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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

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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

Samples: Indenture (Steinway Musical Instruments 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 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)

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