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

Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/2% Convertible Subordinated Notes due 2005." Notes not to exceed the aggregate principal amount of $100,000,000 (or $115,000,000 if the over-allotment option set forth in Section 7 of the Purchase Agreement dated April 24, 1998 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers is exercised in full) 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 upon the written order of the Company, signed by the Company's (a) President, 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) Treasurer or Assistant Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Samples: Financial Federal Corp, Financial Federal Corp

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Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/27% Convertible Subordinated Notes due 20052004." Notes not to exceed the aggregate principal amount of $100,000,000 50,000,000 (or $115,000,000 57,500,000 if the over-over- allotment option set forth in Section 7 2(b) of the Purchase Agreement Agreement, dated April 24June 27, 1998 (as amended from time to time by the parties thereto) 1997, by and between the Company and the Initial Purchasers is exercised in full) upon the execution of this Indenture, or (except pursuant to Sections 2.52.8, 2.6, 3.32.9, 15.2 and 16.216.1 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 the Company's its (a) President, 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) Treasurer or Assistant Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Samples: Atlantic Coast Airlines Inc, Atlantic Coast Airlines Inc

Designation Amount and Issue of Notes. The Notes shall be -------------------------------------- designated as "4-1/26% Convertible Subordinated Notes due 20052007." Notes not to exceed the aggregate principal amount of $100,000,000 500,000,000 (or $115,000,000 650,000,000 if the over-allotment option set forth in granted to the Initial Purchasers pursuant to Section 7 2(b) of the Purchase Agreement dated April 24February 1, 1998 2000 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers is exercised in full) 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 upon the written order of the Company, signed by the Company's (a) President, 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) Treasurer or Assistant Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Samples: E Trade Group Inc, E Trade Group Inc

Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/2% Convertible Subordinated Notes due 2005." 2007". Notes not to exceed the aggregate principal amount of $100,000,000 500,000,000 (or $115,000,000 650,000,000 if the over-allotment option purchase right set forth in Section 7 2 of the Purchase Agreement dated April 24January 28, 1998 2000 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers Purchaser is exercised in full) upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 and 16.2hereof) 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) Presidentits Chairman of the Board, Chief Executive or Senior Vice 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 Treasurer, its Controller or any Assistant Controller or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 2 contracts

Samples: Indenture (Conexant Systems Inc), Conexant Systems Inc

Designation Amount and Issue of Notes. The Notes shall be ----------- -------------------------------------- designated as "4-1/2% Convertible Subordinated Notes due 2005." 2004". Notes not to exceed the aggregate principal amount of $100,000,000 (or $115,000,000 if the over-over- allotment option set forth in Section 7 of the Purchase Agreement dated April 24August 19, 1998 1997 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers is exercised in full) upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 15.2 and 16.2) 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 upon the written order of the Company, signed by the Company's (a) President, 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) Treasurer or Assistant Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Level One Communications Inc /Ca/)

Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/25 1/4% Convertible Subordinated Notes due 2005." 2006". 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 $100,000,000 130,000,000 (or $115,000,000 150,000,000 if the over-allotment option set forth in Section 7 of granted to the Initial Purchaser pursuant to the Purchase Agreement dated April 24May 7, 1998 (as amended from time to time by the parties thereto) by and 2001 between the Company and the Initial Purchasers Purchaser is exercised in full) 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 the Company's (a) Presidentits Chairman of the Board, Chief Executive or Senior Vice 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 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: Globespan Inc/De

Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/25% Convertible Subordinated Notes due 20052006." Notes not to exceed the aggregate principal amount of $100,000,000 150,000,000 (or $115,000,000 200,000,000 if the over-allotment option set forth in Section 7 2(b) of the Purchase Agreement dated April 24March 18, 1998 1999 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers is exercised in full) 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 upon the written order of the Company, signed by the Company's (a) President, 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) any Vice President, any Treasurer or any Assistant Treasurer or its any Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Sportsline Usa Inc

Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/2___% Convertible Subordinated Notes due 20052001." Notes not to exceed the aggregate principal amount of $100,000,000 40,000,000 (or $115,000,000 46,000,000 if the over-allotment option set forth in Section 7 3(b) of the Purchase Underwriting Agreement dated April 24March __, 1998 1996 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers Underwriter is exercised in full) upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 15.2 and 16.216.2 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 the Company's its (a) Chairman of the Board, President, 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) Treasurer or Assistant Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Iomega Corp

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Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/24 1/4 % Convertible Subordinated Notes due 2005." 2006". 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 $100,000,000 150,000,000 (or $115,000,000 175,000,000 if the over-allotment option set forth in Section 7 of granted to the Initial Purchasers pursuant to the Purchase Agreement dated April 24August 2, 1998 (as amended from time to time by the parties thereto) by and 2001 between the Company and the Initial Purchasers is exercised in full) 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 the Company's (a) Presidentits Chairman of the Board, Chief Executive or Senior Vice 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 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: LTX Corp

Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/25 3/4% Convertible Subordinated Notes due 20052002." Notes not to exceed the aggregate principal amount of $100,000,000 50,000,000 (or $115,000,000 57,500,000 if the over-allotment option set forth in Section 7 2(b) of the Purchase Agreement Agreement, dated April 24October 7, 1998 (as amended from time to time by the parties thereto) 1997, by and between the Company and the Initial Purchasers Purchaser is exercised in full) upon the execution of this Indenture, or (except pursuant to Sections 2.52.8, 2.6, 3.32.9, 15.2 and 16.216.1 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 the Company's its (a) President, 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) Treasurer or Assistant Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Kellstrom Industries Inc

Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/2“6.25% Convertible Subordinated Notes due 2005." Due 2008”. Notes not to exceed the aggregate principal amount of $100,000,000 (or $115,000,000 50,000,000 or, if the over-allotment Company sells an additional $10,000,000 principal amount of its Notes pursuant to the Initial Purchaser’s option set forth in Section 7 of granted pursuant to the Purchase Agreement dated April 24Agreement, 1998 not to exceed the aggregate principal amount of $60,000,000 (in each case except as amended from time pursuant to time by the parties thereto) by Sections 2.05, 2.06, 3.06 and between the Company and the Initial Purchasers is exercised in full16.02 hereof) 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 Company's (a) PresidentBoard, Chief Executive or Senior Vice 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) ”), the Treasurer or any Assistant Treasurer or its the Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Indenture (Durect Corp)

Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/2___% Convertible Subordinated Notes due 20052004." Notes not to exceed the aggregate principal amount at maturity of $100,000,000 180,000,000 (or $115,000,000 207,000,000 if the over-allotment option set forth in Section 7 of the Purchase Underwriting Agreement dated April 24_________, 1998 1997 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers Notes Representatives is exercised in full) upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 3.5 and 15.2 and 16.2hereof) 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 make available for delivery said Notes to or upon the written order of the Company, signed by the Company's its (a) President, 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) Treasurer or Assistant Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Corestaff Inc

Designation Amount and Issue of Notes. The Notes shall be designated as "4-1/2___% Convertible Subordinated Notes due 20052001." Notes not to exceed the aggregate principal amount of $100,000,000 40,000,000 (or $115,000,000 46,000,000 if the over-allotment option set forth in Section 7 3(c) of the Purchase Underwriting Agreement dated April 24March __, 1998 1996 (as amended from time to time by the parties thereto) by and between the Company and the Initial Purchasers Underwriter is exercised in full) upon the execution of this Indenture, or (except pursuant to Sections 2.5, 2.6, 3.3, 15.2 and 16.216.2 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 the Company's its (a) Chairman of the Board, President, 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) Treasurer or Assistant Treasurer or its Secretary or any Assistant Secretary, without any further action by the Company hereunder.

Appears in 1 contract

Samples: Iomega Corp

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