Common use of Issuance of Bonds Clause in Contracts

Issuance of Bonds. In order to assist the Company in the refunding of the Refunded Bonds, the Issuer, concurrently with the execution hereof, will issue, sell and deliver the Bonds. The proceeds of the Bonds shall be loaned to the Company in accordance with Section 4.1. The Bonds will be issued under and pursuant to the Trust Indenture (as amended from time to time, the “Indenture”) dated as of December 1, 2005 between the Issuer and J.X. Xxxxxx Trust Company, National Association, as trustee (in that capacity, the “Trustee”), and will be issued in the aggregate principal amount, will bear interest, will mature and will be subject to redemption as set forth therein. The Company hereby approves the terms and conditions of the Indenture and the Bonds, and the terms and conditions under which the Bonds have been issued, sold and delivered. The proceeds from the sale of the Bonds (other than any accrued interest) shall be loaned to the Company to assist the Company in refunding the Refunded Bonds. Those proceeds shall be delivered to the respective Escrow Trustees, as defined and provided in the Indenture, to be held, together with any interest earnings thereon, in trust, as provided in the respective Escrow Agreements (as defined in the Indenture) for the purpose of paying, together with any moneys provided by the Company or the Companies, all of the remaining principal, redemption premium and interest due on the Refunded Bonds to the dates of their redemption or purchase and cancellation, all as set forth and provided for in the respective Escrow Agreements. The Company acknowledges that the proceeds of the Bonds will be insufficient to pay the full costs of refunding the Refunded Bonds and that the Issuer has made no representation or warranty with respect to the sufficiency thereof. The Company further acknowledges that it and the Companies are (and will remain after the issuance of the Bonds) obligated to, and hereby confirms that it and the Companies will, pay, all costs of the refunding of the Refunded Bonds, whether by redemption or by purchase and cancellation. The Company, on behalf of and at the direction of the Companies, hereby requests that the Issuer notify the respective Refunded Bonds Trustee, pursuant to the respective Refunded Bonds Indenture and the respective Escrow Agreement, that the entire outstanding principal amount of the Refunded Bonds are to be redeemed or purchased for cancellation, all as set forth and provided for in the respective Escrow Agreements. The Issuer acknowledges and confirms that the respective Refunded Bonds Trustees have been so notified, all as set forth and provided for in the respective Escrow Agreements.

Appears in 1 contract

Samples: Loan Agreement (Firstenergy Corp)

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Issuance of Bonds. In order to assist the Company in the refunding of the Refunded Bonds, the Issuer, concurrently with the execution hereof, will issue, sell and deliver the Bonds. The proceeds of the Bonds shall be loaned to the Company in accordance with Section 4.1. The Bonds will be issued under and pursuant to the Trust Indenture (as amended from time to time, the “Indenture”) dated as of December February 1, 2005 2012 between the Issuer and J.X. Xxxxxx Trust CompanyXxxxx Fargo Bank, National Association, as trustee (in that capacity, the “Trustee”), and will be issued in the aggregate principal amount, will bear interest, will mature and will be subject to redemption as set forth therein. The Company hereby approves the terms and conditions of the Indenture and the Bonds, and the terms and conditions under which the Bonds have been issued, sold and delivered. The proceeds from the sale of the Bonds (other than any accrued interest) shall be loaned to the Company to assist the Company in refunding the Refunded Bonds within ninety days of the issuance of the Bonds. Those proceeds shall be delivered by the Trustee to the respective Escrow TrusteesOriginal Bonds Trustee, as defined and provided in the Indenture, to be held, together with any interest earnings thereon, in trust, as provided in the respective Escrow Agreements (as defined in the Indenture) for the purpose of paying, together with any moneys provided by the Company or and any interest earnings on those proceeds and those moneys, in trust, for the Companies, purpose of paying all of the remaining principalprincipal of, redemption premium and interest due on on, the Refunded Bonds to the dates on their date of their redemption or purchase and cancellation, all as set forth and provided for in the respective Escrow Agreementsredemption. The Company acknowledges that the proceeds of the Bonds will be insufficient to pay the full costs of refunding the Refunded Bonds and that the Issuer has made no representation or warranty with respect to the sufficiency thereof. The Company further acknowledges that it and the Companies are is (and will remain after the issuance of the Bonds) obligated to, and hereby confirms that it and the Companies will, pay, pay all costs of the refunding of the Refunded Bonds, whether by redemption or by purchase and cancellation. The Company, on behalf of and at the direction of the Companies, Company hereby requests that the Issuer notify Bank of New York Mellon Trust Company, NA, as the respective Trustee (the “Refunded Bonds Trustee”) under the three Trust Indentures with respect to the Refunded Bonds (collectively, the “Refunded Bonds Indenture”) for the Refunded Bonds, that, pursuant to the respective Refunded Bonds Indenture and the respective Escrow AgreementIndenture, that the entire outstanding principal amount of the Refunded Bonds are is to be redeemed or purchased for cancellationon March 13, all as set forth and provided for in 2012 at a redemption price of 100% of the respective Escrow Agreementsprincipal amount thereof, plus interest accrued to that redemption date. The Issuer acknowledges and confirms that it has directed the respective Refunded Bonds Trustees have been Trustee to so notified, all as set forth and provided call the Refunded Bonds for in the respective Escrow Agreementsoptional redemption on that date.

Appears in 1 contract

Samples: Loan Agreement (Ak Steel Holding Corp)

Issuance of Bonds. In order to assist the Company in the refunding of the Refunded Bonds, the Issuer, concurrently with the execution hereof, will issue, sell and deliver the Bonds. The proceeds of the Bonds shall be loaned to the Company in accordance with Section 4.1. The Bonds will be issued under and pursuant to the Trust Indenture (as amended from time to time, the “Indenture”) dated as of December February 1, 2005 2012 between the Issuer and J.X. Xxxxxx Trust CompanyXxxxx Fargo Bank, National Association, as trustee (in that capacity, the “Trustee”), and will be issued in the aggregate principal amount, will bear interest, will mature and will be subject to redemption as set forth therein. The Company hereby approves the terms and conditions of the Indenture and the Bonds, and the terms and conditions under which the Bonds have been issued, sold and delivered. The proceeds from the sale of the Bonds (other than any accrued interest) shall be loaned to the Company to assist the Company in refunding the Refunded Bonds within ninety days of the issuance of the Bonds. Those proceeds shall be delivered by the Trustee to the respective Escrow TrusteesOriginal Bonds Trustee, as defined and provided in the Indenture, to be held, together with any interest earnings thereon, in trust, as provided in the respective Escrow Agreements (as defined in the Indenture) for the purpose of paying, together with any moneys provided by the Company or and any interest earnings on those proceeds and those moneys, in trust, for the Companies, purpose of paying all of the remaining principalprincipal of, redemption premium and interest due on on, the Refunded Bonds to the dates on their date of their redemption or purchase and cancellation, all as set forth and provided for in the respective Escrow Agreementsredemption. The Company acknowledges that the proceeds of the Bonds will be insufficient to pay the full costs of refunding the Refunded Bonds and that the Issuer has made no representation or warranty with respect to the sufficiency thereof. The Company further acknowledges that it and the Companies are is (and will remain after the issuance of the Bonds) obligated to, and hereby confirms that it and the Companies will, pay, pay all costs of the refunding of the Refunded Bonds, whether by redemption or by purchase and cancellation. The Company, on behalf of and at the direction of the Companies, Company hereby requests that the Issuer notify [U.S. Bank National Association] [check], as the respective Trustee (the “Refunded Bonds Trustee”) under the Trust Indenture (the “Refunded Bonds Indenture”) for the Refunded Bonds, that, pursuant to the respective Refunded Bonds Indenture and the respective Escrow AgreementIndenture, that the entire outstanding principal amount of the Refunded Bonds are is to be redeemed or purchased for cancellationon March 13, all as set forth and provided for in 2012 at a redemption price of 100% of the respective Escrow Agreementsprincipal amount thereof, plus interest accrued to that redemption date. The Issuer acknowledges and confirms that it has directed the respective Refunded Bonds Trustees have been Trustee to so notified, all as set forth and provided call the Refunded Bonds for in the respective Escrow Agreementsoptional redemption on that date.

Appears in 1 contract

Samples: Quality Facilities (Ak Steel Holding Corp)

Issuance of Bonds. In order to assist the Company in the refunding of the Refunded Bonds, the Issuer, concurrently with the execution hereof, will issue, sell and deliver the Bonds. The proceeds of the Bonds shall be loaned to the Company in accordance with Section 4.1. The Bonds will be issued under and pursuant to the Trust Indenture (as amended from time to time, the “Indenture”) dated as of December February 1, 2005 2012 between the Issuer and J.X. Xxxxxx Trust CompanyXxxxx Fargo Bank, National Association, as trustee (in that capacity, the “Trustee”), and will be issued in the aggregate principal amount, will bear interest, will mature and will be subject to redemption as set forth therein. The Company hereby approves the terms and conditions of the Indenture and the Bonds, and the terms and conditions under which the Bonds have been issued, sold and delivered. The proceeds from the sale of the Bonds (other than any accrued interest) shall be loaned to the Company to assist the Company in refunding the Refunded Bonds within ninety days of the issuance of the Bonds. Those proceeds shall be delivered by the Trustee to the respective Escrow TrusteesOriginal Bonds Trustee, as defined and provided in the Indenture, to be held, together with any interest earnings thereon, in trust, as provided in the respective Escrow Agreements (as defined in the Indenture) for the purpose of paying, together with any moneys provided by the Company or and any interest earnings on those proceeds and those moneys, in trust, for the Companies, purpose of paying all of the remaining principalprincipal of, redemption premium and interest due on on, the Refunded Bonds to the dates on their date of their redemption or purchase and cancellation, all as set forth and provided for in the respective Escrow Agreementsredemption. The Company acknowledges that the proceeds of the Bonds will be insufficient to pay the full costs of refunding the Refunded Bonds and that the Issuer has made no representation or warranty with respect to the sufficiency thereof. The Company further acknowledges that it and the Companies are is (and will remain after the issuance of the Bonds) obligated to, and hereby confirms that it and the Companies will, pay, pay all costs of the refunding of the Refunded Bonds, whether by redemption or by purchase and cancellation. The Company, on behalf of and at the direction of the Companies, Company hereby requests that the Issuer notify The Bank of New York Mellon Trust Company, National Association, as the respective Trustee (the “Refunded Bonds Trustee”) under the Original Bonds Indenture for the Refunded Bonds, that, pursuant to the respective Refunded Original Bonds Indenture and the respective Escrow AgreementIndenture, that the entire outstanding principal amount of the Refunded Bonds are is to be redeemed or purchased for cancellationon March 13, all as set forth and provided for in 2012 at a redemption price of 100% of the respective Escrow Agreementsprincipal amount thereof, plus interest accrued to that redemption date. The Issuer acknowledges and confirms that it has directed the respective Refunded Bonds Trustees have been Trustee to so notified, all as set forth and provided call the Refunded Bonds for in the respective Escrow Agreementsoptional redemption on that date.

Appears in 1 contract

Samples: Loan Agreement (Ak Steel Holding Corp)

Issuance of Bonds. In order The Bonds (i) shall be designated "Taylxx Xxxnty, Florida Industrial Development Revenue Bonds (CPG Products Corp. Project), Series 1979," (ii) shall be dated September 1, 1979, except with respect to assist registered Bonds without coupons as hereinafter provided, (iii) shall bear interest from date at the Company in rate of 6-3/4% per annum (computed on the refunding basis of a 360-day year, 30-day month), payable March I and September I of each year until maturity, commencing March 1, 1980, and (iv) shall mature on September 1, 2004. The Bonds are subject to the sinking fund provisions of Section 305. The Bonds may be issued as coupon Bonds or registered Bonds as is hereinafter provided. Registered Bonds without coupons issued before March 1, 1980, shall be dated as of September 1, 1979, and registered Bonds without coupons issued on or subsequent to March 1, 1980, shall be dated as of the Refunded Bondsinterest payment date next preceding the date of authentication and delivery thereof by the Trustee, unless such date of authentication and delivery shall be an interest payment date, in which case they shall be dated as of such date of authentication and delivery; provided, however, that if, as shown by the records of the Trustee, interest on any Bonds surrendered for transfer or exchange shall be in default, the Issuerregistered Bonds without coupons issued in exchange for Bonds surrendered for transfer or exchange shall be dated as of the date to which interest has been paid in full on the Bonds surrendered or if no interest has been paid they shall be dated September 1, concurrently with the execution hereof, will issue, sell 1979. Coupon Bonds and deliver the Bondsregistered Bonds without coupons shall bear interest from their date. The proceeds principal of and the interest on the Bonds shall be loaned to payable in lawful money of the Company in accordance with Section 4.1. The Bonds will be issued under and United States of America at the principal office of the Trustee or at the principal office of any successor designated pursuant to the Trust Indenture (as amended from time to time, the “Indenture”) dated as terms hereof. Payment of December 1, 2005 between the Issuer interest on coupon Bonds shall be made only upon presentation and J.X. Xxxxxx Trust Company, National Association, as trustee (in that capacity, the “Trustee”), and will be issued in the aggregate principal amount, will bear interest, will mature and will be subject to redemption as set forth therein. The Company hereby approves the terms and conditions surrender of the Indenture and coupons representing such interest as the Bonds, and same respectively become due at the terms and conditions under which the Bonds have been issued, sold and delivered. The proceeds from the sale principal office of the Trustee. Payment of interest on registered Bonds (other than any accrued interest) without coupons shall be loaned payable by check or draft drawn upon the Trustee and mailed to the Company to assist registered owner at his address as it appears on the Company in refunding the Refunded Bonds. Those proceeds shall be delivered to the respective Escrow Trustees, as defined and provided in the Indenture, to be held, together with any interest earnings thereon, in trust, as provided in the respective Escrow Agreements (as defined in the Indenture) for the purpose of paying, together with any moneys provided bond registration books kept by the Company or the Companies, all of the remaining principal, redemption premium and interest due on the Refunded Bonds to the dates of their redemption or purchase and cancellation, all as set forth and provided for in the respective Escrow Agreements. The Company acknowledges that the proceeds of the Bonds will be insufficient to pay the full costs of refunding the Refunded Bonds and that the Issuer has made no representation or warranty with respect to the sufficiency thereof. The Company further acknowledges that it and the Companies are (and will remain after the issuance of the Bonds) obligated to, and hereby confirms that it and the Companies will, pay, all costs of the refunding of the Refunded Bonds, whether by redemption or by purchase and cancellation. The Company, on behalf of and at the direction of the Companies, hereby requests that the Issuer notify the respective Refunded Bonds Trustee, pursuant to the respective Refunded Bonds Indenture and the respective Escrow Agreement, that the entire outstanding principal amount of the Refunded Bonds are to be redeemed or purchased for cancellation, all as set forth and provided for in the respective Escrow Agreements. The Issuer acknowledges and confirms that the respective Refunded Bonds Trustees have been so notified, all as set forth and provided for in the respective Escrow Agreements.

Appears in 1 contract

Samples: Agreement of Sale (Toms Foods Inc)

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Issuance of Bonds. In order to assist the Company in the refunding The Bonds shall be designated "Development Authority of the Refunded BondsDeKalb County Variable Rate Demand Industrial Development Revenue Bonds (Radiation Sterilizers, the IssuerIncorporated Project), concurrently with the execution hereofSeries 1985", will issue, sell and deliver the Bondsshall bear interest payable on each Interest Payment Date. The proceeds of interest rate on the Bonds shall be loaned to the Company in accordance with Section 4.1. The Bonds will be issued under and pursuant to the Trust Indenture (as amended from time to time, the “Indenture”) dated as of December 1, 2005 between the Issuer and J.X. Xxxxxx Trust Company, National Association, as trustee (in that capacity, the “Trustee”), and will be issued in the aggregate principal amount, will bear interest, will mature and will be subject to redemption as set forth therein. The Company hereby approves the terms and conditions of the Indenture and the Bonds, and the terms and conditions under which the Bonds have been issued, sold and delivered. The proceeds from the sale of the Bonds (other than any accrued interest) shall be loaned to the Company to assist the Company in refunding the Refunded Bonds. Those proceeds shall be delivered to the respective Escrow Trustees, as defined and provided in the Indenture, to be held, together with any interest earnings thereon, in trust, as provided in the respective Escrow Agreements (as defined in the Indenture) for the purpose of paying, together with any moneys provided by the Company or the Companies, all of the remaining principal, redemption premium and interest due on the Refunded Bonds to the dates of their redemption or purchase and cancellation, all as set forth and provided for in the respective Escrow Agreementsform of Bond contained in Section 206. The Company acknowledges Bonds shall mature on March 1, 2005. Anything herein or in the Bonds to the contrary notwithstanding, the obligation of the Issuer hereunder shall be subject to the limitation that payments of interest to the holder of any Bond shall not be required to the extent that the proceeds receipt of the Bonds will any such payment by such holder would be insufficient to pay the full costs of refunding the Refunded Bonds and that the Issuer has made no representation or warranty with respect contrary to the sufficiency provisions of law applicable to such holder which limit the maximum rate of interest which may be charged or collected by such holder. The Bonds shall be issued initially as registered Bonds without coupons in the denomination of $50,000 each, or any integral multiple thereof, and, after the Conversion Date, in the denomination of $5,000 each, or any, integral multiple thereof. The Company further acknowledges that it and the Companies are Bonds shall be numbered consecutively from R-1 upwards (and will remain after the issuance in order of the Bondsissuance) obligated toaccording to the records of the Bond Registrar. The Bonds are subject to redemption prior to maturity as provided in Section 301. Prior to the Conversion Date, the Bonds may be purchased prior to maturity as provided in Section 401. Principal of and redemption premium (if any) and interest on, the Bonds shall be payable in lawful money of the United States of America from funds available therefor under this Indenture, without deduction for services of any Paying Agent. Principal of, and hereby confirms that redemption premium (if any) on, each Bond shall be paid to the holder thereof upon presentation and surrender of such Bond as it and becomes due at the Companies will, pay, all costs Principal Office of the refunding Trustee or any other Paying Agent. Interest on each Bond shall be payable by check drawn upon the Paying Agent and mailed on each Interest Payment Date to the holder of such Bond as of the Refunded Bonds, whether by redemption or by purchase and cancellation. The Company, close of business on behalf of and the Record Date next preceding the Interest Payment Date at the direction registered address of such holder as it shall appear as of the Companies, hereby requests that close of business on such Record Date on the Issuer notify the respective Refunded Bonds Trustee, registration books maintained pursuant to this Indenture notwithstanding the respective Refunded cancellation of any of such Bonds Indenture upon any exchange or transfer of registration thereof subsequent to the Record Date and prior to such Interest Payment Date, except that, if and to the respective Escrow Agreementextent that there shall be a default in the payment of the interest due on such Interest Payment Date, that such defaulted interest shall be paid to the entire outstanding holder in whose name any such Bond is registered at the close of business on the fifth (5th) Business Day next preceding the date of payment of such defaulted interest. Notwithstanding the provisions of the immediately preceding paragraph, a holder of Bonds in an aggregate principal amount of $500,000 or more may, by notice to the Refunded Paying Agent, direct the Paying Agent to make payments of interest on such holder's Bonds are by means of wire transfers, in immediately available funds, to a banking institution located in the United States of America designated in such notice for the account of such holder. Any fees or charges for such wire transfers shall be redeemed paid by the Company. The Bonds as originally issued shall be dated the Original Issuance Date. Bonds subsequently issued shall be dated the date of authentication thereof. Each Bond shall bear interest from and including the Original Issuance Date, or purchased for cancellation, all as set forth if authenticated after the Original Issuance Date from and including the last date to which interest shall have been paid on the Bonds until payment of the principal or redemption price thereof shall have been made or provided for in accordance with the respective Escrow Agreementsprovisions of this Indenture, whether at maturity, upon redemption or otherwise. The Issuer acknowledges Interest on the Bonds shall be paid on each Interest Payment Date and, prior to the Conversion Date, shall be computed on the basis of a year of 365 or 366 days, as appropriate, for the actual number of days elapsed. After the Conversion Date, interest on the Bonds shall be computed on the basis of a 360-day year and confirms that the respective Refunded Bonds Trustees have been so notified, all as set forth and provided for in the respective Escrow Agreementstwelve 30-day months.

Appears in 1 contract

Samples: Trust Indenture (Sterigenics International)

Issuance of Bonds. In order to assist the Company in the refunding Bonds of the Refunded Bonds, the Issuer, concurrently with the execution hereof, will issue, sell and deliver the Bonds. The proceeds of the Bonds shall be loaned to the Company in accordance with Section 4.1. The Bonds will Series O may be issued under and pursuant only as registered bonds without coupons (hereinafter sometimes referred to the Trust Indenture (as amended from time to time, the Indenture”) dated as of December 1, 2005 between the Issuer and J.X. Xxxxxx Trust Company, National Association, as trustee (in that capacity, the “Trusteeregistered bonds”), and will they shall be issued substantially in the aggregate principal amount, will bear interest, will mature and will be subject to redemption as form set forth thereinin Exhibit A. They shall be issuable in denominations which shall be multiples of $100,000 and any integral multiple thereof and the execution by the Company of any bond of Series O shall evidence conclusively the due authorization of the denomination of such bond. Each registered bond of Series O shall be dated as of the date of the interest payment date on which interest was paid on other bonds of said Series next preceding the date of issue of such registered bond, except that (i) so long as there is no existing default in the payment of interest upon the bonds of Series O, any bond of Series O issued after the close of business on any record date with respect to any interest payment date and prior to such interest payment date, shall be dated as of such interest payment date, and (ii) any bond of Series O issued on an interest payment date on which interest on other bonds of Series O was paid shall be dated as of the date of issue and (iii) any bond of Series O issued before the initial interest payment date, shall be dated the date of commencement of the first interest period for the bonds of Series O, unless (i) above is applicable. The Company hereby approves the terms and conditions registered owner of the Indenture and the Bonds, and the terms and conditions under which the Bonds have been issued, sold and delivered. The proceeds from the sale any bond of the Bonds (other than any accrued interest) shall be loaned to the Company to assist the Company in refunding the Refunded Bonds. Those proceeds shall be delivered to the respective Escrow Trustees, Series O dated as defined and provided in the Indenture, to be held, together with any of an interest earnings thereon, in trust, payment date as provided in (i) above shall, if the respective Escrow Agreements (as defined Company shall default in the Indenture) for the purpose payment of paying, together with any moneys provided by the Company or the Companies, all of the remaining principal, redemption premium and interest due on such interest payment date and such default shall be continuing, be entitled to exchange such bond for a bond or bonds of Series O of the Refunded Bonds to same aggregate principal amount dated as of the dates of their redemption or purchase and cancellationinterest payment date next preceding the interest payment date first mentioned in this sentence, all as set forth and provided for or, if the Company shall default in the respective Escrow Agreements. The Company acknowledges that payment of interest on the proceeds first interest payment date for bonds of Series O, such owner shall be entitled to exchange such bond for a bond or bonds of Series O of the Bonds will be insufficient to pay same aggregate principal amount dated the full costs date of refunding the Refunded Bonds and that the Issuer has made no representation or warranty with respect to the sufficiency thereof. The Company further acknowledges that it and the Companies are (and will remain after the initial issuance of the Bonds) obligated to, and hereby confirms bonds of Series O. If the Trustee shall have knowledge at any time that it and any registered owner of a bond of Series O shall be entitled by the Companies will, pay, all costs provision of the refunding of next preceding sentence to exchange such bond, the Refunded Bonds, whether by redemption or by purchase and cancellation. The Company, on behalf of and Trustee shall within thirty (30) days mail to such owner at the direction address of such owner appearing upon the Companiesregistry book, hereby requests a notice informing such owner that the Issuer notify the respective Refunded Bonds Trustee, pursuant to the respective Refunded Bonds Indenture and the respective Escrow Agreement, that the entire outstanding principal amount such owner has such right of the Refunded Bonds are to be redeemed or purchased for cancellation, all as set forth and provided for in the respective Escrow Agreements. The Issuer acknowledges and confirms that the respective Refunded Bonds Trustees have been so notified, all as set forth and provided for in the respective Escrow Agreementsexchange.

Appears in 1 contract

Samples: Integrys Energy Group, Inc.

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