Designation Amount and Issue of Notes. The Notes shall be designated as “5.00% Exchangeable Senior Notes due 2018.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the Issuer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance the aggregate principal amount of Notes outstanding shall not exceed $400,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “5.006.125% Exchangeable Senior Notes due 20182011.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the IssuerOfficer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000125,000,000 (or $138,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
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Designation Amount and Issue of Notes. The Notes shall be designated as “5.003.75% Exchangeable Senior Notes due 20182011.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the IssuerOfficer, without any further action by the Issuer or Invesco Mortgage Capital the Company hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance the aggregate principal amount of Notes outstanding shall not exceed $400,000,000575,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Duke Realty Limited Partnership/
Designation Amount and Issue of Notes. The Notes shall be designated as “5.003.00% Exchangeable Senior Notes due 20182027.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the IssuerOfficer, without any further action by the Issuer or Invesco Mortgage Capital the Company hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance the aggregate principal amount of Notes outstanding shall not exceed $400,000,000750,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Indenture (Sl Green Realty Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as the “5.00% Exchangeable Convertible Senior Floating Rate Notes due 20182012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the Issuertwo Officers, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance initially $800,000,000 (or $920,000,000 if the aggregate principal amount of Notes outstanding shall not exceed $400,000,000, except as provided Underwriter’s over-allotment option set forth in Section 2.06the Underwriting Agreement is exercised in full). The Issuer may, without the consent of the Holders holders of Notes, issue additional Notes debt securities (the “Additional Notes”) from time to time in the future with the same terms and conditionsterms, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and with the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders holders of Notes to vote or take any action, the Holders holders of Initial Notes and the Holders holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Indenture (Istar Financial Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “5.003.625% Exchangeable Senior Notes due 20182027.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one two Officers or by an Officer and either an Assistant Treasurer of the IssuerGuarantor or any Assistant Secretary of the Guarantor, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers option set forth in Section 1 of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000287,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Extra Space Storage Inc.
Designation Amount and Issue of Notes. The Notes shall be designated as “5.003.25% Exchangeable Senior Notes due 2018.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the IssuerOfficer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance issuance, the aggregate principal amount of Notes outstanding shall not exceed $400,000,000115,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must shall be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “5.00% Exchangeable Senior Dollar-Denominated Convertible Subordinated Notes due 2018May 15, 2014.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer Company and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the IssuerCompany, such order signed by one two Officers or by an Officer and either an Assistant Treasurer of the IssuerCompany or any Assistant Secretary of the Company, without any further action by the Issuer or Invesco Mortgage Capital Company hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 3 of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000229,000,000, except as provided in Section 2.06. The Issuer Company may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 3 of the Purchase Agreement) (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Indenture (GLG Partners, Inc.)
Designation Amount and Issue of Notes. The Notes shall be designated as “5.003.25% Exchangeable Convertible Senior Notes due 20182012.” Upon the execution of this Indenture, and or from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer Company as provided in Section 2.04 and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the IssuerCompany, such order signed by one two Officers of the Company, or by an Officer of the IssuerCompany and by any Assistant Treasurer of the Company or any Assistant Secretary of the Company, without any further action by the Issuer or Invesco Mortgage Capital Company hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance the aggregate principal amount of Notes outstanding shall not exceed $400,000,000, except as provided in Section 2.06. The Issuer Company may, without the consent of the Holders holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders holders of Notes to vote or take any action, the Holders holders of Initial Notes and the Holders holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Macerich Co
Designation Amount and Issue of Notes. The Notes shall be designated as the “5.0037/8 % Exchangeable Convertible Senior Notes due 20182011.” Upon Subject to this Section 2.01, upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the Issuertwo Officers, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance the aggregate principal amount of Notes outstanding shall not exceed initially limited to $400,000,000, except as provided in Section 2.06230,000,000. The Issuer may, without the consent of the Holders holders of Notes, issue additional Notes debt securities (the “Additional Notes”) from time to time in the future with the same terms and conditionsterms, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and with the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States U.S. federal income tax purposes. The Initial Notes and any such Additional Notes will shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders holders of Notes to vote or take any action, the Holders holders of Initial Notes and the Holders holders of any such Additional Notes will shall vote or take that action as a single class.
Appears in 1 contract
Samples: Ventas Inc
Designation Amount and Issue of Notes. The Notes shall be designated as “5.004.25% Exchangeable Senior Notes due 20182014.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the IssuerOfficer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000150,000,000 (or $172,500,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must shall be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Indenture (Kilroy Realty Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as “5.003.250% Exchangeable Senior Notes due 20182012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the IssuerOfficer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000400,000,000 (or $460,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must shall be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will shall constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Indenture (Kilroy Realty Corp)
Designation Amount and Issue of Notes. The Notes shall be designated as the “5.007.000% Exchangeable Convertible Senior Notes due 20182012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the Issuertwo Officers, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance initially $300,000,000 (or $345,000,000 if the aggregate principal amount of Notes outstanding shall not exceed $400,000,000, except as provided Initial Purchaser’s option set forth in Section 2.06the Purchase Agreement is exercised in full). The Issuer may, without the consent of the Holders holders of Notes, issue additional Notes debt securities (the “Additional Notes”) from time to time in the future with the same terms and conditionsterms, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and with the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders holders of Notes to vote or take any action, the Holders holders of Initial Notes and the Holders holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “5.004.50% Exchangeable Senior Notes due 20182026.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one two Officers or by an Officer and either an Assistant Treasurer of the General Partner or the Issuer or any Assistant Secretary of the General Partner or the Issuer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000175,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “5.004.00% Exchangeable Senior Notes due 20182012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one two Officers or by an Officer and either an Assistant Treasurer of the IssuerGuarantor or any Assistant Secretary of the Guarantor, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 1 of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000287,500,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Indenture (Pennsylvania Real Estate Investment Trust)
Designation Amount and Issue of Notes. The Notes shall be designated as “5.003.75% Exchangeable Senior Notes due 20182030.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one two Officers or by an Officer and either an Assistant Treasurer of the General Partner or the Issuer or any Assistant Secretary of the General Partner or the Issuer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2 of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000180,000,000, except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Designation Amount and Issue of Notes. The Notes shall be designated as “5.003.50% Exchangeable Senior Notes due 20182012.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the IssuerOfficer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 2(c) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000150,000,000 (or $180,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Designation Amount and Issue of Notes. The Notes shall be designated as “5.004.625% Exchangeable Senior Notes due 20182011.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the IssuerOfficer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance (including any issuance upon exercise of the Initial Purchasers’ option set forth in Section 1(b) of the Purchase Agreement), the aggregate principal amount of Notes outstanding shall not exceed $400,000,000175,00,000 (or $200,000,000 if the Initial Purchasers exercise their option to purchase additional Notes in full as set forth in the Purchase Agreement), except as provided in Section 2.06. The Issuer may, without the consent of the Holders of Notes, issue additional Notes (the “Additional Notes”) from time to time in the future with the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount, provided that such Additional Notes must be part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute a single series of debt securities, and in circumstances in which this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single class.
Appears in 1 contract
Samples: First Industrial Lp
Designation Amount and Issue of Notes. The Notes shall be designated as the “5.008.125% Exchangeable Convertible Senior Notes due 20182027.” Upon the execution of this Indenture, and from time to time thereafter, Notes may be, subject to this Section 2.01, be executed by the Issuer and delivered to the Trustee (with or without the Guarantee endorsed thereon) for authentication, and the Trustee shall thereupon authenticate and deliver Notes upon a written order of the Issuer, such order signed by one Officer of the Issueran Officer, without any further action by the Issuer or Invesco Mortgage Capital hereunder. The aggregate principal amount of Notes which may be authenticated and delivered under this Indenture is unlimited; provided that upon initial issuance initially limited to $90,000,000 (or $110,000,000 if the aggregate principal amount of Notes outstanding shall not exceed $400,000,000, except as provided Initial Purchaser’s option set forth in Section 2.06the Purchase Agreement is exercised in full). The Issuer may, without the consent of the Holders holders of Notes, issue increase the aggregate principal amount of the Notes by issuing additional Notes (the “Additional Notes”) from time to time in the future with on the same terms and conditions, except for any difference in the issue price and interest accrued prior to the issue date of the Additional Notes, and with the same CUSIP number as the Notes originally issued under this Indenture (the “Initial Notes”) in an unlimited principal amount), provided that such Additional Notes must be constitute part of the same issue as and fungible with the Initial Notes for United States federal income tax purposes. The Initial Notes and any such Additional Notes will constitute rank equally and ratably and will be treated as a single series of debt securities, and in circumstances in which Notes for all purposes under this Indenture provides for the Holders of Notes to vote or take any action, the Holders of Initial Notes and the Holders of any such Additional Notes will vote or take that action as a single classIndenture.
Appears in 1 contract