Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(c) and Section 2.15(d), the Issuer may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing all, but not part, of the Outstanding Principal Balance of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “Refinancing”) shall be authorized pursuant to one or more Resolutions. Each Refinancing Note shall be designated generally as a Note for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Resolution and set forth in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at the option of the Issuer, rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Day.
Appears in 3 contracts
Samples: Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.)
Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(c) and Section 2.15(d), the Issuer may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing all, but not part, all of the Outstanding Principal Balance of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “Refinancing”) shall be authorized pursuant to one or more Manager Resolutions. Each Refinancing Note shall be designated generally as a Note for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Manager Resolution and set forth or in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at shall be issued on the option Payment Date on which the Redemption in whole of the Issuer, rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Dayrefinanced is to occur as provided in Section 3.11.
Appears in 3 contracts
Samples: Indenture (Supernus Pharmaceuticals Inc), Indenture (Encysive Pharmaceuticals Inc), Indenture (Insite Vision Inc)
Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(c) and Section 2.15(d), the Issuer may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing all, but not part, of the Outstanding Principal Balance of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “Refinancing”) shall be authorized pursuant to one or more Resolutions. Each Refinancing Note shall be designated generally as a Note for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Resolution and set forth in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at shall be issued on the option Redemption Date on which the Redemption in whole of the Issuer, class of Notes being refinanced is to occur as provided in Section 3.10 and shall rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Day.
Appears in 2 contracts
Samples: Indenture (Biocryst Pharmaceuticals Inc), Indenture (PDL Biopharma, Inc.)
Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(c) and Section 2.15(d), the Issuer may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing allin whole, but not part, of the Outstanding Principal Balance (plus accrued and unpaid interest) of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “Refinancing”) shall be authorized pursuant to one or more Resolutions. Each Refinancing Note shall be designated generally as a Note for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Resolution and set forth in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at the option of the Issuer, rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Day.
Appears in 2 contracts
Samples: Indenture (Theravance Biopharma, Inc.), Indenture (Theravance Biopharma, Inc.)
Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(c) and Section 2.15(d), the Issuer may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing allin whole, but not part, of the Outstanding Principal Balance of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “Refinancing”) shall be authorized pursuant to one or more Resolutions. Each Refinancing Note shall be designated generally as a Note for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Resolution and set forth in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at the option of the Issuer, rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Day.
Appears in 2 contracts
Samples: Indenture (Theravance Inc), Indenture (Innoviva, Inc.)
Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(cparagraphs (b) and (c) below and Section 2.15(d)5.02(d) hereof, the Issuer may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing all, but not part, all of the Outstanding Principal Balance of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “Refinancing”) shall be authorized pursuant to one or more Board Resolutions. Each Refinancing Note shall be designated generally as a Note “Note” for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Resolution and set forth Board Resolutions or in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at shall be issued on the option Payment Date on which the Redemption in whole of the Issuer, rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Dayrefinanced is to occur as provided in Section 3.10.
Appears in 2 contracts
Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(c) and Section 2.15(d), the Issuer may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing all, but not part, all of the Outstanding Principal Balance of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “Refinancing”) shall be authorized pursuant to one or more Resolutions. Each Refinancing Note shall be designated generally as a Note for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Resolution and set forth or in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at shall be issued on the option Payment Date on which the Redemption in whole of the Issuer, rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Dayrefinanced is to occur as provided in Section 3.10.
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Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(c) and Section 2.15(d), the Issuer may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing all, but not part, of the Outstanding Principal Balance of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “Refinancing”) shall be authorized pursuant to one or more Resolutions. Each Refinancing Note shall be designated generally as a Note for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Resolution and set forth in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at the option of the Issuer, shall rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Day.
Appears in 1 contract
Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(c) and Section 2.15(d5.1(d), the Issuer Royalty Sub may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing all, but not part, all of the Outstanding Principal Balance of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “"Refinancing”") shall be authorized pursuant to one or more Board Resolutions. Each Refinancing Note shall be designated generally as a Note for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Board Resolution and set forth or in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at shall be issued on the option Payment Date on which the Redemption in whole of the Issuer, rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Dayrefinanced is to occur as provided in Section 3.2.
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Refinancing Notes. (a) Subject to Section 2.15(b), Section 2.15(cparagraphs (b) and (c) below and Section 2.15(d)5.02(d) hereof, the Issuer may issue Refinancing Notes pursuant to this Indenture solely for the purpose of refinancing all, but not part, all of the Outstanding Principal Balance of any class of Notes (including a refinancing of Refinancing Notes). Each refinancing of any series or class of Notes with the proceeds of an offering of Refinancing Notes (a “"Refinancing”") shall be authorized pursuant to one or more Board Resolutions. Each Refinancing Note shall be designated generally as a Note "Note" for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Resolution and set forth Board Resolutions or in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be. The Refinancing Notes may, at shall be issued on the option Payment Date on which the Redemption in whole of the Issuer, rank equal in priority relative to the series or class of Notes being refinanced. Refinancing Notes may be issued on any Business Dayrefinanced is to occur as provided in Section 3.09.
Appears in 1 contract
Samples: Indenture (Alkermes Inc)