Common use of Issuance of Additional Notes Clause in Contracts

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 13 contracts

Samples: Indenture (TransDigm Group INC), Indenture (Transdigm Inc), Indenture (TransDigm Group INC)

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Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have substantially identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyOfficer’s Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 6 contracts

Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 4 contracts

Samples: Indenture (Daramic, LLC), Indenture (Polypore International, Inc.), Indenture (Polypore International, Inc.)

Issuance of Additional Notes. The Company shall be entitled, subject upon delivery to its compliance with Section 4.09the Trustee of an Officers’ Certificate, Opinion of Counsel and Authentication Order, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, Date and any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 4 contracts

Samples: Indenture (Clearway Energy, Inc.), Indenture (NRG Yield, Inc.), Indenture (NRG Energy, Inc.)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the Company' Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 3 contracts

Samples: Macdermid Inc, Crown Battleground LLC, Airgas East Inc

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.094.09 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue DateNotes, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, and any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture, including without limitation, waivers, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Company shall set forth in a resolution of its Board Resolution of Directors and an Officers’ Certificate of the Company' Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 3 contracts

Samples: Armstrong World Industries Inc, Armstrong World Industries Inc, Armstrong World Industries Inc

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.094.09 hereof, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Datedate of this Indenture, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Datedate of this Indenture, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor with respect thereto shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the Company' Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 2 contracts

Samples: Simmons Co /Ga/, Simmons Co

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 2 contracts

Samples: Indenture (Asbury Automotive Group Inc), Supplemental Indenture (Asbury Automotive Group Inc)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, entitled to issue Additional Notes under this Indenture which that shall have identical terms as the Initial Notes issued on the Issue DateOriginal Notes, other than with respect to the date of issuance, issue price and amount of interest payable on the first interest payment date applicable thereto; provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.03 and issue priceSection 4.09. The Initial Notes issued on the Issue Date, and any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and in an Officers’ Certificate of the CompanyCertificate, a copy of each of which shall be delivered to the Trustee, the following information:

Appears in 2 contracts

Samples: Supplemental Indenture (E Trade Financial Corp), Supplemental Indenture (E Trade Financial Corp)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.094.12, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and the issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange any new Notes issued in exchange therefor for Notes in connection with the Exchange Offer shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the Company' Certificate, a copy of each of which shall be delivered to the Trustee, the following information:

Appears in 1 contract

Samples: Indenture (Houston Exploration Co)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes private exchange notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the Company' Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 1 contract

Samples: Indenture (Ipc Acquisition Corp)

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Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes private exchange notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate resolution of the CompanyBoard of Directors and the Officers' Certificate, a copy of each which shall be delivered pursuant to the TrusteeSection 2.02 hereof, the following information:

Appears in 1 contract

Samples: Om Group Inc

Issuance of Additional Notes. The Company shall will be entitled, subject to its compliance with Section 4.094.09 hereof, to issue Additional Notes under this Indenture which shall have with identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall will be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall will set forth in a resolution of the Board Resolution of Directors of the Company and an Officers’ Certificate ' Certificate, copies of the Company, a copy of each which shall will be delivered to the Trustee, the following information:

Appears in 1 contract

Samples: Indenture (Interactive Voice Media (Sacramento) Corp.)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, ---------------------------- entitled to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Notes Closing Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Notes Closing Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the Company' Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 1 contract

Samples: Supplemental Indenture (Raytheon Co/)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.094.04, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any PIK Notes and any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a resolution of the Board Resolution of Directors and an Officers’ Certificate of the Company' Certificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 1 contract

Samples: Allegheny Energy Inc

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers' Certificate of the Company, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 1 contract

Samples: Supplemental Indenture (Spheris Leasing LLC)

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.09, to issue Additional Notes without the consent of the Holders under this Indenture which shall have identical terms as the Initial Notes issued on the Issue Date, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue Date, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Company shall set forth in a Board Resolution and an Officers’ Certificate of the CompanyCertificate, a copy of each which shall be delivered to the Trustee, the following information:

Appears in 1 contract

Samples: Geo Group Inc

Issuance of Additional Notes. The Company shall be entitled, subject to its compliance with Section 4.094.9, to issue Additional Notes under this Indenture which Indenture. Additional Notes shall have identical terms as the Initial Notes issued on or the Issue DateExchange Notes, other than with respect to the date of issuance and issue price. The Initial Notes issued on the Issue DateNotes, any Additional Notes and all Exchange Notes or Private Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any issuance of Additional Notes, the Company shall set forth in deliver to the Trustee a resolution of the Board Resolution of Directors and an Officers’ Certificate of ' Certificate, and, if the CompanyCompany elects, a copy of each supplemental indenture, which shall be delivered to the Trustee, together provide the following information:

Appears in 1 contract

Samples: Cinemark Usa Inc /Tx

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