Common use of Security for the Bonds Clause in Contracts

Security for the Bonds. The Bonds are to be issued under and secured by that certain Indenture dated as of September 1, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by a supplemental indenture, to be dated as of the Closing Date (the “Supplemental Indenture”), which will be substantially in the form attached to this Agreement as Schedule 2.2, establishing the terms of the Bonds (as so supplemented, the “Indenture”). The Bonds shall be substantially in the form set out in Schedule 2.2. The Bonds will be dated the Closing Date, will bear interest from and including the Closing Date and will be in denominations of $100,000 or any integral multiple of $1,000 in excess thereof. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months. The 2027 Bonds will bear interest at a rate of 3.68% per year, payable semi-annually in arrears on April 1 and October 1 of each year, commencing on April 1, 2019, and at the date of maturity. The 2038 Bonds will bear interest at a rate of 4.01% per year, payable semi-annually in arrears on April 1 and October 1 of each year, commencing on April 1, 2019, and at the date of maturity. The 2057 Bonds will bear interest at a rate of 4.28% per year, payable semi-annually in arrears on April 1 and October 1 of each year, commencing on April 1, 2019, and at the date of maturity. The Bonds will bear interest on overdue principal and (to the extent permitted by law) overdue installments of interest at the rate set forth in the Indenture. The 2027 Bonds will mature on October 1, 2027, the 2038 Bonds will mature on October 1, 2038, and the 2057 Bonds will mature on October 1, 2057. The Indenture creates and will create a direct first Lien on and a first security interest in the property and property rights of the Company described in the Indenture as being subjected to the Lien of the Indenture (subject to such exceptions as are permitted under the Indenture), except such property and property rights as may have been released from the Lien of the Indenture in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Bond Purchase Agreement (Consumers Energy Co)

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Security for the Bonds. The Bonds are to be issued under and secured by that certain Indenture dated as of September 1, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by a supplemental indentureindentures, each to be dated as of the applicable Closing Date (the each, a “Supplemental Indenture”), each of which will be substantially in the form attached to this Agreement as Schedule 2.2, establishing the terms of the Bonds (as so supplemented, the “Indenture”). The Bonds shall be substantially in the form set out in Schedule 2.2. The Bonds will be dated the applicable Closing Date, will bear interest from and including the applicable Closing Date and will be in denominations of $100,000 or any integral multiple of $1,000 in excess thereof. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months. The 2027 September 2032 Bonds will bear interest at a rate of 3.683.18% per year, payable semi-annually in arrears on April 1 September 28 and October 1 March 28 of each year, commencing on April 1March 28, 20192018, and at the date of maturity. The 2038 November 2032 Bonds will bear interest at a rate of 4.013.18% per year, payable semi-annually in arrears on April 1 November 15 and October 1 May 15 of each year, commencing on April 1May 15, 20192018, and at the date of maturity. The 2057 September 2037 Bonds will bear interest at a rate of 4.283.52% per year, payable semi-annually in arrears on April 1 September 28 and October 1 March 28 of each year, commencing on April 1March 28, 20192018, and at the date of maturity. The November 2037 Bonds will bear interest at a rate of 3.52% per year, payable semi-annually in arrears on November 15 and May 15 of each year, commencing on May 15, 2018, and at the date of maturity. The September 2052 Bonds will bear interest at a rate of 3.86% per year, payable semi-annually in arrears on September 28 and March 28 of each year, commencing on March 28, 2018, and at the date of maturity. The November 2052 Bonds will bear interest at a rate of 3.86% per year, payable semi-annually in arrears on November 15 and May 15 of each year, commencing on May 15, 2018, and at the date of maturity. The Bonds will bear interest on overdue principal and (to the extent permitted by law) overdue installments of interest at the rate set forth in the Indenture. The 2027 September 2032 Bonds will mature on October 1September 28, 20272032, the 2038 November 2032 Bonds will mature on October 1November 15, 20382032, and the 2057 September 2037 Bonds will mature on October 1September 28, 20572037, the November 2037 Bonds will mature on November 15, 2037, the September 2052 Bonds will mature on September 28, 2052 and the November 2052 Bonds will mature on November 15, 2052. The September 2032 Bonds, the September 2037 Bonds and the September 2052 Bonds will be issued on the September 28, 2017 Closing Date, and the November 2032 Bonds, the November 2037 Bonds and the November 2052 Bonds will be issued on the November 15, 2017 Closing Date. The Indenture creates and will create a direct first Lien on and a first security interest in the property and property rights of the Company described in the Indenture as being subjected to the Lien of the Indenture (subject to such exceptions as are permitted under the Indenture), except such property and property rights as may have been released from the Lien of the Indenture in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Bond Purchase Agreement (Consumers Energy Co)

Security for the Bonds. The Bonds are to be issued under and secured by that certain Indenture dated as of September 1, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by a supplemental indenture, to be dated as of the Closing Date (the “Supplemental Indenture”), which will be substantially in the form attached to this Agreement as Schedule 2.2, establishing the terms of the Bonds (as so supplemented, the “Indenture”). The Bonds shall be substantially in the form set out in Schedule 2.2. The Bonds will be dated the Closing Date, will bear interest from and including the Closing Date and will be in denominations of $100,000 or any integral multiple of $1,000 in excess thereof. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months. The 2027 2026 Bonds will bear interest at a rate of 3.685.24% per year, payable semi-annually in arrears on April 1 May 15 and October 1 November 15 of each year, commencing on April 1November 15, 20192023, and at the date of maturity. The 2038 2029 Bonds will bear interest at a rate of 4.015.07% per year, payable semi-annually in arrears on April 1 May 15 and October 1 November 15 of each year, commencing on April 1November 15, 20192023, and at the date of maturity. The 2057 2032 Bonds will bear interest at a rate of 4.285.17% per year, payable semi-annually in arrears on April 1 May 15 and October 1 November 15 of each year, commencing on April 1November 15, 20192023, and at the date of maturity. The 2037 Bonds will bear interest at a rate of 5.38% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The Bonds will bear interest on overdue principal and (to the extent permitted by law) overdue installments of interest at the rate set forth in the Indenture. The 2027 2026 Bonds will mature on October 1May 15, 20272026, the 2038 2029 Bonds will mature on October 1May 15, 20382029, and the 2057 2032 Bonds will mature on October 1May 15, 20572032, and the 2037 Bonds will mature on May 15, 2037. The Indenture creates and will create a direct first Lien on and a first security interest in the property and property rights of the Company described in the Indenture as being subjected to the Lien of the Indenture (subject to such exceptions as are permitted under the Indenture), except such property and property rights as may have been released from the Lien of the Indenture in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Agreement (CMS Energy Corp)

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Security for the Bonds. The Bonds are to be issued under and secured by that certain Indenture dated as of September 1, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by a supplemental indenture, to be dated as of the Closing Date (the “Supplemental Indenture”), which will be substantially in the form attached to this Agreement as Schedule Exhibit 2.2, establishing the terms of the Bonds (as so supplemented, the “Indenture”). The Bonds shall be substantially in the form set out in Schedule Exhibit 2.2. The Bonds will be dated the Closing Date, will bear interest from and including the Closing Date and will be in denominations of $100,000 or any integral multiple of $1,000 in excess thereof. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months. The 2024 Bonds will bear interest at a rate of 3.19% per year, the 2027 Bonds will bear interest at a rate of 3.683.39% per year, payable semi-annually in arrears on April 1 year and October 1 of each year, commencing on April 1, 2019, and at the date of maturity. The 2038 2042 Bonds will bear interest at a rate of 4.014.31% per year, in each case payable semi-annually in arrears on April 1 June 15 and October 1 December 15 of each year, commencing on April 1June 15, 2019, and at the date of maturity. The 2057 Bonds will bear interest at a rate of 4.28% per year, payable semi-annually in arrears on April 1 and October 1 of each year, commencing on April 1, 20192013, and at the date of maturity. The Bonds will bear interest on overdue principal and (to the extent permitted by law) overdue installments of interest at the rate set forth in the Indenture. The 2024 Bonds will mature on December 15, 2024, the 2027 Bonds will mature on October 1December 15, 2027, and the 2038 2042 Bonds will mature on October 1December 15, 2038, and the 2057 Bonds will mature on October 1, 20572042. The Indenture creates and will create a direct first Lien on and a first security interest in the property and property rights of the Company described in the Indenture as being subjected to the Lien of the Indenture (subject to such exceptions as are permitted under the Indenture), except such property and property rights as may have been released from the Lien of the Indenture in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Bond Purchase Agreement (CMS Energy Corp)

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