Common use of Authorization of Notes Clause in Contracts

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 aggregate principal amount of its 7.86% Senior Notes due August 1, 2011 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement. The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 2 contracts

Samples: Note Purchase Agreement (Hunt Manufacturing Co), Note Purchase Agreement (Hunt Corp)

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Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 aggregate principal amount of its 7.867.75% Senior Secured Notes due August 1September 17, 2011 2017 (as amended, restated, supplemented or otherwise modified from time to time, the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement13). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. A. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "“Section”, “Schedule" or an "Exhibit" are, unless otherwise specified, to a Section, Schedule or an Exhibit attached to this Agreement.

Appears in 2 contracts

Samples: Note Purchase Agreement (Encore Capital Group Inc), Indemnity and Contribution Agreement (Encore Capital Group Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 US$25,000,000.00 aggregate principal amount of its 7.86% Senior Secured Notes due August 1July 25, 2011 2009 (the "Notes", such term to include any such notes issued in substitution therefor therefore pursuant to Section 13 14 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 2 contracts

Samples: Note Purchase Agreement (Canargo Energy Corp), Security Interest Agreement (Canargo Energy Corp)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 300,000,000 aggregate principal amount of its 7.864.66% Senior Guaranteed Notes due August 1March 5, 2011 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Tecumseh Products Co)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 20,000,000 aggregate principal amount of its 7.866.09% Senior Notes due August 1December 20, 2011 2012 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Bangor Hydro Electric Co)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 3,000,000 aggregate principal amount of its 7.86% Variable Rate Senior Notes due August 1May 25, 2011 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 14 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Nestor Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 25,000,000 aggregate principal amount of its 7.867.93% Senior Notes due August 1December 27, 2011 2004 (the "Notes", ," such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Bindley Western Industries Inc

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 75,000,000 aggregate principal amount of its 7.863.68% Senior Notes due August 1November 15, 2011 2025 (the "Notes", such term to include any such notes as amended, restated or otherwise modified from time to time pursuant to Section 17 and any such notes issued in substitution therefor pursuant to Section 13 of this Agreement13). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Cleco Power LLC)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 2,020,000 aggregate principal amount of its 7.86% Increasing Rate Senior Secured Notes due August 1May 26, 2011 2008 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved in writing by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Harken Energy Corp)

Authorization of Notes. The Company will authorize the issue issuance and sale of at least $50,000,000 122,000,000 aggregate principal amount of its 7.867.5% Senior Subordinated Notes due August 1, 2011 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved agreed to by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references A. References to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Wynn Resorts LTD)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 30,000,000 aggregate principal amount of its 7.867.54% Senior Notes due August September 1, 2011 2007 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Globe Business Resources Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 7,000,000 aggregate principal amount of its 7.86% Senior Unsecured Notes due August 1December 29, 2011 2006 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 14 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Stock Sale and Note Purchase Agreement (Cascade Microtech Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 11,000,000 aggregate principal amount of its 7.867% Senior Notes due August 1December 31, 2011 2023 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement11). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as . The outstanding principal amount of the Notes may be approved by you and increased if the CompanyCompany elects to pay interest in kind as set forth in the Notes. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Turning Point Brands, Inc.

Authorization of Notes. The Company will authorize the issue and sale of up to $50,000,000 5,000,000 aggregate principal amount of its 7.86% Senior Secured Notes due August May 1, 2011 2008 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved in writing by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Globix Corp)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 12,000,000 aggregate principal amount of its 7.866.79% Senior Notes due August 1December15, 2011 2007 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 Section13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1Exhibit1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule BScheduleB; references to a "Schedule" Schedule or an "Exhibit" Exhibit are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Elizabethtown Water Co /Nj/)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 aggregate principal amount of its 7.867.27% Senior Notes due August 1Notes, 2011 Due 2009 (the "NotesNOTES", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Schulman a Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 500,000,000 aggregate principal amount of its 7.866.32% Senior Notes due August 1, 2011 2004 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement13). The Notes shall be substantially in the form set out in Exhibit 1, with 1,with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (DPL Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 75,000,000 aggregate principal amount of its 7.863.66% Series I Senior Notes due August 1May 17, 2011 2033 (as amended, amended and restated, supplemented or otherwise modified from time to time, the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. A. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (LTC Properties Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 100,000,000 aggregate principal amount of its 7.867.49% Senior Notes due August 1November 30, 2011 2006 (the "Notes", ," such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Odyssey Re Holdings Corp)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 175,000,000 aggregate principal amount of its 7.865.38% Senior Notes due August 1January 31, 2011 2015 (the "Notes", such ). The term to "Notes" shall also include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement. The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Proquest Co

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 aggregate 10,000,000 principal amount of its 7.867.15% Senior Notes due August 1December 15, 2011 2018 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement13). The Notes shall be substantially in the form set out in Exhibit 1, 1 with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Execution (Unitil Corp)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 15,000,000 aggregate principal amount of its 7.865.31% Senior Notes due August 1October 31, 2011 2013 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a "Section" are, unless otherwise specified, references to a Section in this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Westamerica Bancorporation)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 €125,000,000 aggregate principal amount of its 7.861.47% Senior Notes due August 1June 17, 2011 2030 (the "Notes", ,” such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement13). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Mettler Toledo International Inc/)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 110,000,000 aggregate principal amount of its 7.866.47% Senior Notes due August 1September 30, 2011 2030 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement13). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.. (Amended and Restated Note Purchase Agreement)

Appears in 1 contract

Samples: Note Purchase Agreement (InfraREIT, Inc.)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 aggregate principal amount of its 7.863.15% Senior Notes due August 1April 15, 2011 2028 (the "Notes", ,” such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (New Jersey Resources Corp)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 75,000,000 aggregate principal amount of its 7.866.39% Senior Notes due August 1October 15, 2011 (the "NotesNOTES", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Section", "Schedule" or an "Exhibit" are, unless otherwise specified, to a Section of, or Schedule or an Exhibit attached to to, this Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Woodward Governor Co)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 10,000,000 aggregate principal amount of its 7.868.5% Senior Notes due August 1, 2011 2010 (the "Notes", such term to include in­clude any such notes issued in substitution therefor pursuant pur­suant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule BA; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (First Albany Companies Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 20,000,000 aggregate principal amount of its 7.867.00% Senior Notes due August 1December 30, 2011 2006 (the "NotesNOTES", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Analysts International Corp)

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Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 60,000,000 aggregate principal amount of its 7.867.59% Senior Notes due August in October 1, 2011 2010 (the "NotesNOTES", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if it any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Allegheny Energy Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 aggregate principal amount of its 7.864.48% Senior Notes due August 1December 13, 2011 2009 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (CSS Industries Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 100,000,000 aggregate principal amount of its 7.864.19% Senior Guaranteed Notes due August 1September 20, 2011 2029 (the "Notes"”), such term to include any such notes issued in substitution therefor therefore pursuant to Section 13 of this Agreement13). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Agree Realty Corp)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 125,000,000 aggregate principal amount of its 7.865.60% Senior Notes due August 1May 15, 2011 2018 (the "Notes", ,” such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: New Jersey Resources Corp

Authorization of Notes. The Company will authorize has authorized the issue and sale of $50,000,000 150,000,000 aggregate principal amount of its 7.865.24% Senior Notes due August 1April 29, 2011 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Calamos Asset Management, Inc. /DE/)

Authorization of Notes. The Company will authorize the issue issuance and sale of up to $50,000,000 1,500,000 aggregate principal amount of its 7.8610% Senior Secured Convertible Notes due August 1July 31, 2011 1995 (the "NotesNOTES", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement. The Notes shall section 12) to be substantially in the form of the Notes set out in Exhibit 1A, with such changes --------- therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule Bsection 13; references to a "Schedule" or an "Exhibit" are, are unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Jetfax Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 35,000,000 aggregate principal amount of its 7.867.463% Senior Notes due August 1October 31, 2011 2006 (the "NotesNOTES", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Merrill Corp)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 37,500,000 aggregate principal amount of its 7.8612% Senior Secured Notes due August 1[_________], 2011 2001 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 14 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Oneita Industries Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 135,000,000 aggregate principal amount of its 7.864.87% Senior Notes due August 1July 31, 2011 2023 (the "Notes", ; such term to shall also include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form forms set out in Exhibit 1, 1 with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Philadelphia Suburban Corp)

Authorization of Notes. The Company will authorize has authorized the issue and sale of $50,000,000 569,000,000 aggregate principal amount of its 7.865.22% Senior Notes due August 19, 2011 2020 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall will be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Caseys General Stores Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 30,000,000 aggregate principal amount of its 7.867.69% Senior Notes due August February 1, 2011 2010 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Elizabethtown Water Co /Nj/

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 125,000,000 aggregate principal amount of its 7.864.47% Senior Guaranteed Notes due August 1October 30, 2011 2031 (the "Notes", such term to include any such notes issued in substitution therefor therefore pursuant to Section 13 of this Agreement13). The Notes shall be substantially in the form set out in Exhibit 1, 1 with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Agree Realty Corp)

Authorization of Notes. The Company will authorize the issue and sale of U.S. $50,000,000 400,000,000 aggregate principal amount of its 7.86% Senior Subordinated Notes due August 1January 27, 2011 2010 (the "NotesNOTES", such term to include any such notes issued in substitution therefor pursuant to Section 13 11 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. 2.

Appears in 1 contract

Samples: Purchase Agreement (7 Eleven Inc)

Authorization of Notes. The Company will authorize has authorized the issue and sale of $50,000,000 80,000,000 aggregate principal amount of its 7.867.89% Senior Notes Notes, Series A, due August 1May 15, 2011 2010 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall will be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Caseys General Stores Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 15,000,000 aggregate principal amount of its 7.866.90% Senior Secured Notes due August 1, 2011 2010 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Conformed (CTG Resources Inc)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 60,000,000 aggregate principal amount of its 7.864.77% Senior Notes due August 1March 15, 2011 2014 (the "Notes", ," such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (New Jersey Resources Corp)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 30,000,000 aggregate principal amount of its 7.866.86% Senior Notes due August September 1, 2011 2015 (the "Notes", such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you each Purchaser and the Company. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Stepan Co)

Authorization of Notes. The Company will authorize the issue and sale of $50,000,000 €125,000,000 aggregate principal amount of its 7.861.47% Senior Notes due August 1June 17, 2011 2030 (the "Notes", ,” such term to include any such notes issued in substitution therefor pursuant to Section 13 of this Agreement13). The Notes shall be substantially in the form set out in Exhibit 1, with such changes therefrom, if any, as may be approved by you the Purchasers and the Company. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. SECTION 2.

Appears in 1 contract

Samples: Note Purchase Agreement

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