The Additional Notes Clause Samples

The Additional Notes. (a) Subject to the satisfaction (or waiver in accordance with Section 10.9) of the conditions precedent set forth in Section 4.2, at any time and from time to time after the Initial Closing Date, the Company shall issue and sell to each Person that executes a counterpart signature page to this Agreement in the form attached hereto as Exhibit B (individually, an “Additional Purchaser” and collectively, the “Additional Purchasers”), and each such Additional Purchaser shall purchase from the Company, an Additional Note in a principal amount to be mutually agreed between such Additional Purchaser and the Company. Each additional issuance, sale and purchase of Additional Notes as provided in this Section 2.2 shall take place on a date to be mutually agreed by the Company and such Additional Purchaser (each, an “Additional Closing Date”); provided that (i) each Additional Closing Date shall have occurred on or prior to December 31, 2021, (ii) all issuances, sales and purchases of Additional Notes on an Additional Closing Date shall be made on substantially identical terms and conditions as the Initial Notes, shall, to the extent permitted by law, be fungible for tax purposes with the Initial Notes and may only be amended pursuant to Section 10.9; (iii) the purchase price of each Additional Note shall be increased by the PIK Interest (as defined in the Note) and Cash Interest (as defined in the Note) that has accrued since the Initial Closing Date on the Initial Notes (it being understood and agreed that interest on all the Notes shall accrue PIK Interest and be payable on the same dates) and (iv) in no event shall the initial aggregate principal amount of all Notes issued hereunder exceed $300,000,000.00. (b) Any Additional Notes issued, sold and purchased pursuant to this Section 2.2 shall be deemed to be “Notes” for all purposes under this Agreement. By no later than 11:00 a.m. (New York time) on an Additional Closing Date (i) each Additional Purchaser shall wire transfer same day funds in U.S. dollars, at the Note Agent’s Principal Office, in the amount of such Additional Purchaser’s Additional Note and (ii) the Company shall issue and deliver to each such Additional Purchaser an Additional Note in favor of such Additional Purchaser payable in the principal amount of such Additional Purchaser’s Additional Note. The Schedule of Purchasers may be amended by the Company without the consent of the Purchasers to include any Additional Purchasers upon the execution...

The Additional Notes. (a) Pursuant to Section 2.14 of the Base Indenture, the Company hereby creates $110,000,000 aggregate principal amount of its 6.75% Senior Notes due 2020. These November 2013 Additional Notes shall constitute a single series with the Company’s Outstanding Notes issued on March 20, 2013 (the “Existing Notes”), to which the November 2013 Additional Notes are identical in all terms and conditions except as to the issue date, the amount of interest payable on the first Interest Payment Date therefore and issue price as permitted under Section 2.14(a) of the Base Indenture and except with respect to the use of a separate CUSIP in respect of the Regulation S Temporary Global Note for compliance with the Distribution Compliance Period as further permitted by Section 2.14(a) of the Base Indenture . Interest on the November 2013 Additional Notes shall accrue from October 1, 2013. The first interest payment date of the November 2013 Additional Notes shall be April 1, 2014. All November 2013 Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of the Indenture. The November 2013 Additional Notes shall be issued in global form in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof in substantially the form of Exhibit A hereto. The terms and provisions of the November 2013 Additional Notes set forth in Exhibit A hereto shall constitute and are expressly made a part of this Supplemental Indenture.

The Additional Notes. Pursuant to Section 2.13 of the Original Indenture, the Company hereby creates and issues $80,000,000 aggregate principal amount of its 10.75% Senior Secured Guaranteed Notes Due 2011 (the “Additional Notes”). These Additional Notes will be consolidated to form a single series, and be fully fungible, with the Company’s outstanding 10.75% Senior Secured Guaranteed Notes Due 2011 issued on July 23, 2004, to which the Additional Notes are identical in all terms and conditions except issue date. Interest on the Additional Notes shall accrue from January 23, 2005. All Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of the Indenture.

The Additional Notes. (a) Pursuant to Section 2.02 of the Indenture, there is hereby authorized the issuance of $250,000,000 in aggregate principal amount of the Issuer’s 4.000% Senior Notes due 2029, which amount shall be specified in the Authentication Order for the Additional Notes pursuant to Section 2.02 of the Indenture. The principal of the Additional Notes shall be due and payable at the Stated Maturity of the principal of the Initial Notes. (b) The Additional Notes will be part of the same series as the Initial Notes and will be consolidated with and form a single class with the Initial Notes for all purposes under the Indenture, including, but not limited to, for purposes of voting with respect to consents, waivers and amendments regarding the Indenture or the Notes and redemptions of and offers to purchase the Notes. (c) The Additional Notes will be in the form set forth in the Indenture and will have identical terms (other than issue date and issue price). (d) Each Guarantor, by its execution hereof, affirms its Note Guarantee as provided in Article 10 of the Indenture with respect to the Additional Notes and acknowledges and agrees that it shall execute a Notation of Guarantee with respect to the Additional Notes to Guarantee the Issuer’s obligations under the Additional Notes as required by the Indenture.

The Additional Notes. The Additional Notes shall be issued in an aggregate principal amount of up to $4,085,032.50.

The Additional Notes. (a) Pursuant to Section 2.01(d) and Exhibit F of the Base Indenture, the Company hereby creates and issues a series of Notes designated as “6.250% Senior Secured Notes due 2030,” initially limited in aggregate principal amount to $1,000,000,000; provided that the Company may, at any time and from time to time, create and issue additional 2030 Notes in an unlimited principal amount which will be part of the same series as the 2030 Notes and which will have the same terms (except for the issue date, issue price and, in some cases, the first Interest Payment Date) as the 2030 Notes. The 2030 Notes will have the same terms as the Existing Notes other than as provided in this Second Supplemental Indenture. All 2030 Notes issued under the Indenture will, once issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all the terms, conditions and provisions of the Indenture. (b) The authorized minimum denominations of 2030 Notes shall be $2,000 or integral multiples of $1,000 in excess thereof.

The Additional Notes. In addition, the Company hereby agrees, on the basis of the representations and warranties, covenants and agreements of the Initial Purchasers contained herein and subject to all the terms and conditions set forth herein, to issue and sell to the Initial Purchasers the Additional Notes, and the Initial Purchasers shall have the right to purchase, severally and not jointly, up to $50 million aggregate principal amount of Additional Notes at a purchase price referred to in the preceding paragraph plus accrued and unpaid interest, if any, from November 18, 2013, which purchase must be completed within 30 days of the Closing Date. The Representatives may exercise this right on behalf of the Initial Purchasers in whole or from time to time in part by giving written notice specifying the principal amount of Additional Notes to be purchased by the Initial Purchasers and the date on which such Additional Notes are to be purchased. Unless otherwise agreed to by the Company, such purchase date (the “Option Closing Date”) must be at least two business days after the written notice is given and may not be earlier than the Closing Date; provided, however, that the purchase date for the Additional Notes shall be the Closing Date to the extent such written notice is delivered at least one business day prior to the Closing Date. On the Closing Date or the Option Closing Date, as applicable, each Initial Purchaser agrees, severally and not jointly, to purchase the principal amount of Additional Notes (subject to such adjustments to eliminate fractional Notes as you may determine) that bears the same proportion to the total principal amount of Additional Notes to be purchased on such Option Closing Date as the principal amount of Firm Notes set forth in Schedule A opposite the name of such Initial Purchaser bears to the total principal amount of Firm Notes. Payment for any Additional Notes shall be made to the Company against delivery of such Additional Notes for the respective accounts of the several Initial Purchasers at the offices of ▇▇▇▇▇ ▇▇▇▇▇ L.L.P., ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m., New York City time, on the Option Closing Date.

The Additional Notes. The Additional Notes have been duly authorized for issuance by the Company and, when duly executed, issued and delivered and paid for in accordance with the Transaction Documents, will constitute valid and binding obligations of the Company, entitled to the benefits of the Transaction Documents and enforceable against the Company in accordance with their terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles. The offer, issuance and sale of the Additional Notes to the Investors pursuant to the Agreement is exempt from the registration requirements of the 1933 Act.

The Additional Notes. Pursuant to Section 2.02 of the Indenture, the Company shall issue the New Notes, which are Additional Notes and shall (i) be consolidated with and form a single class with the Initial Notes, and (ii) have the same terms as the Initial Notes (except for any differences in the issue price, the issue date and the interest accrued, if any), as follows: