Common use of Designation Amount and Issue of Notes Clause in Contracts

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”. Notes not to exceed the aggregate principal amount of $84,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), China Security & Surveillance Technology, Inc.

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Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B A Zero Coupon Guaranteed Senior Unsecured Convertible Notes”. Notes not to exceed the aggregate principal amount of $84,000,000 50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), China Security & Surveillance Technology, Inc.

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed 3.00% Convertible Senior Unsecured NotesSubordinated Notes due 2024”. Notes not to exceed the aggregate principal amount of $84,000,000 200,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.05, 3.06 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer its Treasurer, its Secretary or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Samples: Registration Rights Agreement (Alliant Techsystems Inc), Registration Rights Agreement (Alliant Techsystems Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”. "5% Convertible Subordinated Notes due 2007." Notes not to exceed the aggregate principal amount of $84,000,000 250,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Samples: Lease (Getty Images Inc), Getty Images Inc

Designation Amount and Issue of Notes. The Notes shall be ------------------------------------- designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"3 3/4% Convertible Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $84,000,000 175,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Riverstone Networks Inc

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed "6 3/4% Senior Unsecured Notes”Convertible Notes due 2010". Notes not to exceed the aggregate principal amount of $84,000,000 200,000,000 (or $230,000,000 if the option set forth in Section 2 of the Placement Agreement is exercised in full) (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President"), the its Chief Financial Officer, Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Spectrasite Holdings Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"6.25% CONVERTIBLE SUBORDINATED NOTES DUE 2011". Notes not to exceed the aggregate principal amount of $84,000,000 40,250,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.01, 4.02 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President"), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Compudyne Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"1 3/4% CONVERTIBLE NOTES DUE 2008". Notes not to exceed the aggregate principal amount of $84,000,000 400,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.05 and 2.06 16.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”"VICE PRESIDENT"), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Celgene Corp /De/)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed "2-7/8% Convertible Senior Unsecured Notes”Subordinated Notes due 2016". Notes not to exceed the aggregate principal amount of $84,000,000 172,500,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05, 3.06, 3.10 and 2.06 16.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President"), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”. "4 1/4% Convertible Subordinated Notes due 2007." Notes not to exceed the aggregate principal amount of $84,000,000 287,500,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Burr Brown Corp

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon 1.0% Guaranteed Senior Unsecured NotesConvertible Notes due 2012”. Notes not to exceed the aggregate principal amount of $84,000,000 50,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: China Security & Surveillance Technology, Inc.

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"4 1/4% Convertible Subordinated Notes Due 2007". Notes not to exceed the aggregate principal amount of $84,000,000 125,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 15.02 hereof) upon the execution of this ---- ---- ---- ---- ----- Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Axcelis Technologies Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"5-3/4% Convertible Subordinated Notes due 2003". Notes not to exceed the aggregate principal amount of $84,000,000 90,000,000 (except pursuant to Sections 2.05 and 2.06 hereofor $103,500,000 if the over-allotment option set forth in Section 2(b) of the Purchase Agreement is exercised in full) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the BoardCompany's (a) President, Chief Executive Officer, or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: S3 Inc

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Convertible Senior Unsecured NotesSubordinated Notes due 2024”. Notes not to exceed the aggregate principal amount of $84,000,000 290,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05, 3.06, 3.10 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by one of its Chairman of the Board, Chief Executive Officer, the Chief Financial Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (On Semiconductor Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"1.90% Convertible Subordinated Notes due 2000". Notes not to exceed the aggregate principal amount at maturity of $84,000,000 243,800,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 15.02 and 2.06 hereof16.01) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed both (a) by its Chairman of the BoardBoard of Directors, Chief Executive Officeror any Vice-Chairman of the Board of Directors, or its President or any Vice President (whether or not designated by a number or numbers or a word or words added before or after the title "Vice President”)") and (b) by its Treasurer, the Treasurer or Controller, or Secretary or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Conformed Copy (Chiron Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"4 1/4% Convertible Subordinated Notes due 2007". Notes not to exceed the aggregate principal amount of $84,000,000 550,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: International Rectifier Corp /De/

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon 3.0% Guaranteed Senior Unsecured NotesSecured Convertible Notes due 2012”. Notes not to exceed the aggregate principal amount of $84,000,000 20,000,000 (except pursuant to Sections 2.05 2.05, 2.06, and 2.06 3.07 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Fushi International Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"5 1/4% Convertible Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $84,000,000 150,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed 2-7/8% Convertible Senior Unsecured Notes”. Subordinated Notes due 2016.” Notes not to exceed the aggregate principal amount of $84,000,000 172,500,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05, 3.06, 3.10 and 2.06 16.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Convertible Senior Unsecured NotesSubordinated Notes due 2024, Series B”. Notes not to exceed the aggregate principal amount of $84,000,000 260,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05, 3.06, 3.10 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by one of its Chairman of the Board, Chief Executive Officer, the Chief Financial Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (On Semiconductor Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed 2.75% Convertible Senior Unsecured NotesSubordinated Notes due 2024”. Notes not to exceed the aggregate principal amount of $84,000,000 280,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.05, 3.06 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer its Treasurer, its Secretary or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Registration Rights Agreement (Alliant Techsystems Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"5.375% CONVERTIBLE SENIOR NOTES DUE 2023". Notes not to exceed the aggregate principal amount of $84,000,000 74,750,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.05, 3.06 and 2.06 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, its Chief Executive Officer, President or its Chief Operating Officer, its President, its Chief Financial Officer, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President"), the Treasurer its Treasurer, its Secretary or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Town & Country Trust)

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Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"4 3/4% Convertible Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $84,000,000 175,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon 1.0% Guaranteed Senior Unsecured NotesConvertible Notes due 2012”. Notes not to exceed the aggregate principal amount of $84,000,000 60,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Satisfaction and Discharge of Indenture (China Security & Surveillance Technology, Inc.)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed 4 1/4 % Convertible Senior Unsecured NotesNotes due 2007”. Except pursuant to Section 2.05, 2.06, 3.03, 3.05 and 15.02, hereof, Notes not to exceed the aggregate principal amount of $84,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) 88,300,000 upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the ) and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (LTX Corp)

Designation Amount and Issue of Notes. The Notes shall ----------- ------------------------------------- be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"4 1/2% Convertible Subordinated Notes due 2007". Notes not to exceed the aggregate principal amount of $84,000,000 400,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Semtech Corp

Designation Amount and Issue of Notes. The Notes shall be -------------------------------------- designated as “Tranche B Zero Coupon Guaranteed "7% Convertible Senior Unsecured Notes”. Notes due 2006." Notes not to exceed the aggregate principal amount of $84,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) 51,750,000 upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 15.2 and 16.2) from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the BoardCompany's (a) President, Chief Executive Officer, Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”)") and (b) Chief Financial Officer, the Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Tivo Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"6% Convertible Notes Due 2008". Notes not to exceed the aggregate principal amount of $84,000,000 10,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, which order shall be signed by its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Standard Management Corp

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"2% Convertible Subordinated Notes due 2007". Notes not to exceed the aggregate principal amount of $84,000,000 550,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Please Insert Social Security (Brocade Communications Systems Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed 2.50% Convertible Senior Unsecured NotesNotes due 2024”. Notes not to exceed the aggregate principal amount of $84,000,000 115,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.05, 3.06 and 2.06 15.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the Board, its Chief Executive Officer, President or its President, its Chief Financial Officer, its Chief Operating Officer, any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the Treasurer its Treasurer, its Secretary or any Assistant Treasurer or the Secretary or Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Dress Barn Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes7% Convertible Notes Due 2023”. Notes not to exceed the aggregate principal amount of $84,000,000 125,000,000 (except pursuant to Sections 2.05 2.05, 2.06, 3.03, 3.05 and 2.06 14.02 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title “Vice President”), the ) and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Airtran Airways Inc)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed "7% Convertible Senior Unsecured Notes”. Notes due 2006." Notes not to exceed the aggregate principal amount of $84,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) 51,750,000 upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 15.2 and 16.2) from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by its Chairman of the BoardCompany's (a) President, Chief Executive Officer, Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”)") and (b) Chief Financial Officer, the Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (General Electric Co)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed "6% Convertible Senior Unsecured Notes”. Notes due 2025." Notes not to exceed the aggregate principal amount outstanding of Twenty-Three Million Seven Hundred and Fifty Thousand United States Dollars ($84,000,000 (except pursuant to Sections 2.05 and 2.06 hereof23,750,000) upon the execution of this Indenture, Indenture or (except as provided in Section 2.6) from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the CompanyCompany (the "Authentication Order"), signed by its Chairman of the BoardCompany's (a) President, Chief Executive Officer, Executive or Senior Vice President or any Vice President (each such, whether or not designated by a number or numbers or word or words added before or after the title “title, a "Vice President”)") and (b) Chief Financial Officer, the Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Ats Medical Inc

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed Senior Unsecured Notes”"4 3/4% Convertible Subordinated Notes due 2006". Notes not to exceed the aggregate principal amount of $84,000,000 260,000,000 (except pursuant to Sections 2.05 2.5, 2.6, 3.3, 3.5 and 2.06 15.2 hereof) upon the execution of this Indenture, or from time to time thereafter, may be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the Company, signed by (a) its Chairman of the Board, Chief Executive Officer, President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title "Vice President”), the ") and (b) its Treasurer or any Assistant Treasurer Treasurer, its Controller or the any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Lattice Semiconductor Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as “Tranche B Zero Coupon Guaranteed 6.25% Convertible Senior Unsecured Notes”. Subordinated Secured Notes not to exceed the aggregate principal amount of $84,000,000 (except pursuant to Sections 2.05 and 2.06 hereof) upon due 2027.” Upon the execution of this Indenture, or from time Notes in the aggregate principal amount of up to time thereafter, may Twenty-Five Million Seven Hundred Fifty Thousand United States Dollars ($25,750,000.00) shall be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver said Notes to or upon the written order of the CompanyCompany (the “Authentication Order”), signed by its Chairman of the BoardCompany’s (a) President, Chief Executive Officer, Executive or Senior Vice President or any Vice President (whether or not designated by a number or numbers or word or words added before or after the title title, a “Vice President”)) and (b) Chief Financial Officer, the Treasurer or any Assistant Treasurer or the its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Electroglas Inc

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