Subsequent Issuance. The Company may only issue Additional Notes in accordance with Section 4.14 of the Indenture. The Company agrees, and by purchasing the Notes each Holder shall be deemed to have agreed, that upon the issuance by the Company of any Additional Notes, if the Company determines that such Additional Notes were issued with original issue discount, immediately following such issuance (and any issuance of Additional Notes thereafter), a portion of each Holder’s Original Notes and/or Additional Notes, as applicable, will automatically, without any action by such Holder, be exchanged (the “Automatic Exchange”) for a portion of each other Holder’s Notes, such that immediately after the Automatic Exchange, each Holder will hold Notes issued prior to the date of issuance of such Additional Notes and such Additional Notes in the same proportion as the ratio of the then outstanding aggregate principal amount of such Notes to the then outstanding aggregate principal amount of such Additional Notes. The aggregate stated principal amount of Notes owned by each Holder will not change as a result of the Automatic Exchange. Immediately following the Automatic Exchange, the Company and the Trustee will instruct DTC to facilitate the combination of the Notes issued prior to the date of issuance of such Additional Notes and such Additional Notes into indivisible units. At least ten (10) business days prior to the closing of the issuance of Additional Notes that will result in an Automatic Exchange, the Company shall notify the Trustee, in writing of its intention to consummate such subsequent issuance and shall instruct the Trustee and Xxxxx Fargo Bank, National Association, as custodian for the benefit of the owners hereof, to take any action necessary to effect the Automatic Exchange. Such notice may be revoked at any time prior to the date fixed for such Automatic Exchange. The Company agrees, and by acceptance of beneficial ownership in the Notes each beneficial owner of the Notes shall be deemed to have agreed, that (1) the Company will report any “original issue discount” (as determined for U.S. federal income tax purposes) associated with the Original Notes and Additional Notes among all beneficial owners in proportion to their ownership of the aggregate principal amount of Notes and (2) each beneficial owner of the Notes shall report such original issue discount in this manner and shall not take an inconsistent position for any applicable tax purpose.
Subsequent Issuance. The issuance of any supplement, modification, amendment, renewal or extension to or of any Letter of Credit shall be treated in all respects the same as the issuance of a new Letter of Credit.
Subsequent Issuance. (a) The Company may issue Additional Notes:
Subsequent Issuance. (a) Upon the issuance by the Company of Additional Securities, if the Company determines that such Additional Securities should be assigned a different CUSIP number than the Original Securities, immediately following such issuance, a portion of each holder's Original Securities and/or Additional Securities, as applicable, will automatically, without any action by such holder, be exchanged (the "Automatic Exchange") for a portion of each other holder's Securities, such that immediately after the Automatic Exchange, each holder will hold Original Securities and Additional Securities in the same proportion as the ratio of the then outstanding aggregate principal amount of Original Securities to the then outstanding aggregate principal amount of Additional Securities. The aggregate principal amount of Securities owned by each holder will not change as a result of the Automatic Exchange. Immediately following the Automatic Exchange, the Company and the Trustee will instruct the Depositary to facilitate the combination of the Original Securities and Additional Securities into indivisible units ("Unit Securities") and thereafter the term Original Securities shall be deemed, for the purposes of this Section 4.14, to include the Unit Securities.
Subsequent Issuance. (a) The Issuer may issue Additional Notes:
Subsequent Issuance. (a) Upon the issuance by the Company of Additional Notes with OID in a Primary Registered Offering, immediately following such issuance, a portion of each Holder’s Initial Notes, Additional Notes issued in a Primary Registered Offering without OID (if any) (the “Non-OID Additional Notes”) and/or such Additional Notes, as applicable, or beneficial interest therein, will automatically, without any action by such Holder, be exchanged (each, an “OID Exchange”) for a portion of each other Holder’s Initial Notes, Non-OID Additional Notes (if any) and/or such Additional Notes, such that immediately after the OID Exchange, each Holder will hold Initial Notes, Non-OID Additional Notes (if any) and such Additional Notes in the same proportion as the ratio of the then outstanding aggregate principal amount of the Initial Notes (and Non-OID Additional Notes, if applicable) to the then outstanding aggregate principal amount of such Additional Notes. The aggregate principal amount of Notes owned by each Holder will not change as a result of the OID Exchange. Immediately following the OID Exchange, the Company and the Trustee will instruct the Depositary to facilitate the combination of the Initial Notes, Non-OID Additional Notes (if any) and/or such Additional Notes into inseparable units (such units, and any units so created following any issuance described in paragraph (b) below, the “OID Exchange Units”).
Subsequent Issuance. The Company may issue Additional Notes provided that (i) no Event of Default has occurred and is continuing at the time of such issuance, (ii) the Incurrence of Indebtedness evidenced by such Additional Notes is permitted pursuant to Section 4.03 of the Indenture.
Subsequent Issuance. Prior to the Maturity Date (as defined in the Notes) and so long as no Event of Default (as defined in the Security Agreement made by the Company in favor of the Purchasers dated as of the date hereof (the "Security Agreement")) has occurred and is continuing under the Security Agreement, upon 3 days written notice from the Company to the Purchasers, the Company shall have the right to require the Purchasers to purchase additional Notes in the aggregate principal amount of [ ] ($ ) and the Purchasers shall pay the Company, by check or wire transfer, the amount of [ ] ($ ) on such 3rd day in full payment of such additional Notes.
Subsequent Issuance. Subject to the terms and conditions hereinafter set forth, each Lender shall have the option (the "Conversion Option") from time to time on or after the occurrence of a Trigger Event with respect to any Loan of such Lender to convert all or any portion of such outstanding Loan, together with accrued and unpaid interest thereon and any other due and unpaid Obligations under the Credit Agreement, into Parent Preferred Stock (each such conversion being a "Subsequent Parent Preferred Stock Conversion"; the Initial Parent Preferred Stock Conversion and each Subsequent Parent Preferred Stock Conversion being sometimes referred to hereinafter as a "Parent Preferred Stock Conversion") with a liquidation preference equal to the sum of (i) the dollar amount of such Loan so converted, (ii) the dollar amount of such unpaid interest and other Obligations so converted and (iii) solely in the case of Loans converted on the basis of a Trigger Event described in clause (i) of the definition of Trigger Event, the Clawback Amount calculated on the date of such conversion with respect to such converted Loan. Notwithstanding anything contained in this Agreement or in the Credit Agreement or the related documents to the contrary, (x) no Lender shall have a maximum number of times or minimum amount of Loans or other Obligations with respect to which such Lender's Conversion Option may be exercised, (y) each Lender's right to exercise a Conversion Option with respect to any portion of the applicable Lender's Loans shall not terminate (and once a Trigger Event has occurred such Trigger Event may serve as the basis for each Lender's exercise of its Conversion Option multiple times) until all Loans and other Obligations owed to the applicable Lender under the Credit Agreement are indefeasibly paid in full and/or converted to Parent Preferred Stock in accordance with the terms of this Agreement, and (z) on and after the occurrence of more than one Trigger Event, each Lender may elect, in its sole discretion, which Trigger Event that has occurred shall be the basis for exercising its Conversion Option in any particular instance.
