Original Securities. The Company established the Original Securities designated as the “5.50% Senior Subordinated Convertible Notes due June 15, 2022” of the Company. The aggregate Principal Amount of Original Securities initially issued under this Indenture was $103,500,000, and the aggregate Principal Amount of Original Securities that may be authenticated and delivered under this Indenture after the date of the Second Supplemental Indenture is limited to $0, except for Securities authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of other Original Securities pursuant to Sections 3.03, 3.04, 3.06, 3.07, 3.08, 11.06, 13.05, 15.04 and 16.01. The Principal Amount of Original Securities shall be payable on June 15, 2022, unless earlier converted, redeemed or purchased. The Original Securities and any other Securities, if any, will be treated as a single class for purposes of this Indenture, including waivers, amendments and redemptions; provided, that notwithstanding the foregoing, in any instance in which the Original Securities are treated or affected differently from the other Securities, whether directly or indirectly, including but not limited to waivers, amendments and redemptions, the Original Securities shall be treated as a separate class for purposes of the Indenture.. The Original Securities shall bear interest at a rate of 5.50% per year. Interest on the Original Securities shall accrue from the Issue Date. Interest on the Original Securities shall be payable semiannually in arrears on June 15 and December 15, beginning December 15, 2007. Interest on the Original Securities shall be computed on the basis of a 360-day year of twelve 30-day months. Each rate of interest which is calculated with reference to a period (the “Deemed Interest Period”) that is less than the actual number of days in the calendar year of calculation is, for the purposes of the Interest Act (Canada), equivalent to a rate based on a calendar year calculated by multiplying such number of days in the Deemed Interest Period. The amount of interest payable for any period shorter than a full quarterly period for which interest is computed, will be computed on the basis of the actual number of days elapsed in the period.
Original Securities. The Company may, at its option, redeem the Original Securities, in whole but not in part, at a redemption price equal to 100% of the Principal Amount of the Original Securities, plus accrued and unpaid interest (including Additional Amounts, if any), to, but excluding, the Redemption Date (collectively, the “Redemption Price” of the Original Securities), if the Company has become or would become obligated to pay to the Holders Additional Amounts (which are more than a de minimis amount) as a result of any amendment or change occurring from May 18, 2007 onwards in the laws or any regulations of Canada or any Canadian political subdivision or taxing authority, or any change occurring from May 18, 2007 onwards in an interpretation or application of such laws or regulations by any legislative body, court, governmental agency, taxing authority or regulatory authority (including the enactment of any legislation and the publication of any judicial decision or regulatory or administrative determination); provided the Company cannot avoid these obligations by taking reasonable measures available to it and that it delivers to the Trustee an opinion of Canadian legal counsel specializing in taxation and an Officers’ Certificate attesting to such change and obligation to pay Additional Amounts. The Company will not and will not cause any Paying Agent or the Trustee to deduct from such Redemption Price any amounts on account of, or in respect of, any Canadian Taxes other than Excluded Taxes (except in respect of certain Excluded Holders). In such event, the Company will give the Trustee and the Holders of the Securities not less than thirty (30) days' nor more than sixty (60) days' notice of this redemption pursuant to Section 13.02, except that (i) the Company will not give notice of redemption earlier than sixty (60) days prior to the earliest date on or from which it would be obligated to pay any such Additional Amounts, and (ii) at the time the Company gives the notice, the circumstances creating its obligation to pay such Additional Amounts remain in effect. 35
Original Securities. 17 Outstanding............................................................... 17 pari passu................................................................ 18
Original Securities. 19 --------------- Note: This table of contents shall not, for any purpose, be deemed to be a part of the Indenture. Page
Original Securities. 10 Outstanding............................... 10 pari passu................................ 11 ------------ Paying Agent.............................. 11 Person.................................... 11
Original Securities. 2.01 "Paying Agent"...................................................... 2.04 "Registered Exchange Offer.......................................... Appendix A "Registrar"......................................................... 2.04 "Registration Agreement"............................................ Appendix A "Reversion Date".................................................... 4.15(b) "Securities Custodian".............................................. Appendix A "Shelf Registration statement....................................... Appendix A "Surviving Person".................................................. 5.01 "Suspension Period"................................................. 4.15(b)
Original Securities. 19 Outstanding..........................................................20 --------------- Note: This table of contents shall not, for any purpose, be deemed to be part of the Indenture.
Original Securities. Seller shall deliver to Parent the original certificate(s) or other documents, if any, representing the BRH Securities.
Original Securities. Seller shall deliver to Parent the original certificate(s) or other documents, if any, representing the RIM Securities.
Original Securities. Company: Seven Seas Petroleum Colombia Inc., a Cayman Islands company with its registered office at: Caribbean Management Ltd., P.O. Box 1044, 3rd Floor, West Wind Building, Geoxxx Xxwn, Grand Cayman, Cayman Islands. Amount or number of Original Securities Description of Original Securities ------------------- ---------------------------------- 1 Shares of US$1.00 par value July 23, 2001 SEVEN SEAS PETROLEUM INC (as Mortgagor) CHESAPEAKE ENERGY CORPORATION (as Mortgagee) ----------------------------------------------- LEGAL MORTGAGE OVER SHARES THIS DEED OF MORTGAGE ("Deed of Mortgage") is made as of July 23, 2001 BETWEEN
