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

Designation Amount and Issue of Notes. The Notes shall be ------------------------------------- designated as "6% Convertible Subordinated Notes due 2007". Notes not to exceed the aggregate principal amount of $150,000,000 (or $180,000,000 if the option set forth in Section 2 of the Purchase Agreement is exercised in full by the Initial Purchasers) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Viropharma Inc

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Designation Amount and Issue of Notes. The Notes shall be ------------------------------------- -------------------------------------- designated as "65 3/4% Convertible Subordinated Notes due 20072004". Notes not to exceed the aggregate principal amount of $150,000,000 (or $180,000,000 172,500,000 if the over-allotment option set forth in Section 2 7 of the Purchase Agreement dated June 25, 1997 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers is exercised in full by the Initial Purchasersfull) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 15.2 and 15.2 hereof16.2) 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 the Company's (a) its Chairman of the BoardPresident, 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Premiere Technologies Inc

Designation Amount and Issue of Notes. The Notes shall be ------------------------------------- designated as "64 1/2% Convertible Subordinated Notes due 2007CONVERTIBLE NOTES DUE 2008". Notes not to exceed the aggregate principal amount of $150,000,000 (80,000,000, or $180,000,000 if the Company sells up to an additional $20,000,000 principal amount of its Notes pursuant to the option set forth in Section 2 of the Initial Purchasers granted pursuant to the Purchase Agreement is exercised in full by dated as of August 13, 2003 between the Company and the Initial Purchasers) , limited in aggregate principal amount to $100,000,000, (except pursuant to Sections 2.52.05, 2.62.06, 3.3, 3.5 3.05 and 15.2 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 (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 PresidentVICE PRESIDENT") and (b) its ), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Atherogenics Inc)

Designation Amount and Issue of Notes. The Notes shall be ------------------------------------- designated as "6“0.5% Convertible Subordinated Notes due 2007"2008”. Notes not to exceed the aggregate principal amount of $150,000,000 (185,000,00, or up to $180,000,000 205,000,000 if the option set forth in Initial Purchaser’s option, pursuant to Section 2 of the Purchase Agreement dated as of November 20, 2003 between the Company and the Initial Purchaser, to purchase additional Notes is exercised in full by the Initial Purchasers) (except pursuant to Sections 2.52.05, 2.62.06, 3.3, 3.5 3.02 and 15.2 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or 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 "64 1/4% Convertible Subordinated Notes due 20072006". Notes not to exceed the aggregate principal amount of $150,000,000 300,000,000 (or $180,000,000 350,000,000 if the over-allotment option set forth in Section 2 of the Purchase Agreement dated May 6, 1999 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers is exercised in full by the Initial Purchasersfull) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Conexant Systems Inc

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Designation Amount and Issue of Notes. The Notes shall be ------------------------------------- designated as "64% Convertible Subordinated Notes due 20072006". Notes not to exceed the aggregate principal amount of $150,000,000 500,000,000 (or up to $180,000,000 575,000,000 if the over-allotment option (the "Over-allotment Option") set forth in Section 2 of the Purchase Agreement dated December 7, 1999 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers is exercised in full by the Initial Purchasersfull) (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: At Home Corp

Designation Amount and Issue of Notes. The Notes shall be ------------------------------------- designated as "61.50% Convertible Subordinated Notes due 2007CONVERTIBLE NOTES DUE 2012". Notes not to exceed the aggregate principal amount of $150,000,000 (175,000,000, or $180,000,000 if the Company sells up to an additional $25,000,000 principal amount of its Notes pursuant to the option set forth in Section 2 of the Initial Purchasers granted pursuant to the Purchase Agreement is exercised in full by dated as of January 6, 2005 between the Company and the Initial Purchasers) (except pursuant , limited in aggregate principal amount to Sections 2.5$200,000,000, 2.6, 3.3, 3.5 and 15.2 hereof) upon the execution of this Indenture, or (except pursuant to Sections 2.04, 2.05, 2.06, 3.05 and 16.02 hereof) 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 PresidentVICE PRESIDENT") and (b) its ), the Treasurer or any Assistant Treasurer, its Controller Treasurer or any Assistant Controller or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Atherogenics Inc

Designation Amount and Issue of Notes. The Notes shall be ------------------------------------- designated as "66 7/8% Convertible Subordinated Notes due Due 2007". Notes not to exceed the aggregate principal amount of $150,000,000 (or $180,000,000 172,500,000 if the option set forth in Section 2 of the Purchase Agreement dated as of May 29, 2002 by and between the Company and the Initial Purchasers is exercised in full by the Initial Purchasersfull) (except pursuant to Sections 2.52.05, 2.62.06, 3.33.03, 3.5 3.05 and 15.2 hereof15.02 hereof or as otherwise expressly permitted herein) 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") and (b) its Treasurer or any Assistant Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Mentor Graphics Corp)

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