Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 4 contracts
Samples: Ryerson Holding Corp, Ryerson Holding Corp, Ryerson International Material Management Services, Inc.
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be be, without limitation, treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 4 contracts
Samples: Indenture (Oshkosh Corp), Indenture (Oshkosh Corp), Indenture (Ashland Inc.)
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes Notes, including Exchange Notes, under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, price and amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement registration rights agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.9 and Section 4.12. The Initial Notes and any Additional Notes and all Exchange Notes shall subsequently issued under this Indenture will be treated as a single class for all purposes under this Indenture, including waivers, amendments, redemptions and offers to purchase. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors Resolution and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto and terms of optional redemption, if any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Exchange Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.09. The Initial Notes and Notes, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this IndentureIndenture in accordance with Section 2.02. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Dominos Inc, Dominos Pizza Government Services Division Inc
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Rock-Tenn CO, Triumph Group Inc /
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and or upon a registration default as provided under a registration rights agreement related thereto and, terms of optional redemption, if any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Exchange Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.12. The Initial Notes and Notes, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this IndentureIndenture in accordance with Section 2.02. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors Managers (or a duly appointed committee thereof) and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Indenture (Huntsman Polymers Corp), Huntsman Advanced Materials (UK) LTD
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Triumph Group Inc, Triumph Group Inc
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (andprovisions, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, restrictions and any Registration Rights Agreement registration rights agreement and additional interest with respect thereto); provided that such issuance is not otherwise prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be be, without limitation, treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Salem Media Group, Inc. /De/, Salem Media Group, Inc. /De/
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (andprovisions, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, restrictions and any Registration Rights Agreement registration rights agreement and additional interest with respect thereto); provided that such issuance is not otherwise prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be be, without limitation, treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Indenture (Ascent Capital Group, Inc.), Indenture (Salem Communications Corp /De/)
Issuance of Additional Notes. The Company shall be entitled to issue after the Issue Date, from time to time, Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be be, without limitation, treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Toys R Us Property Co II, LLC, Toys R Us Inc
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes, including Exchange Notes and New Guitar Center Notes, under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, price and amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement registration rights agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.9 and Section 4.12. The Initial Notes and any Additional Notes, Exchange Notes and all Exchange or New Guitar Center Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors Resolution and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes Notes, including Exchange Notes, under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, price and amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement registration rights agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.9 and Section 4.12. The Initial Notes and any Additional Notes, PIK Notes and all or Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors Resolution and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and or upon a registration default as provided under a registration rights agreement related thereto and, terms of optional redemption, if any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Exchange Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not -------- prohibited by the terms of this Indenture, including Section 4.94.09. The Initial Notes and Notes, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Definitions And (Mail Well Inc), Mail Well Inc
Issuance of Additional Notes. The Company shall be entitled entitled, without the consent of the Holders, to issue Additional Notes under this Indenture that in an unlimited principal amount which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (or upon a registration default as provided under a registration rights agreement related thereto and, terms of optional redemption, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto)any; provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.09 or 4.10. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 2 contracts
Samples: Indenture (Cenveo, Inc), Indenture (ReFinance America, LTD)
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture in substantially the form of Exhibit A hereto that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, price and amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Exchange Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (Actuant Corp)
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, price and amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any restrictions and provisions relating to the Registration Rights Agreement and additional interest with respect theretoAgreement); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and Notes, any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: American Pacific Corp
Issuance of Additional Notes. The Company Issuers shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not otherwise prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: APT Sunshine State LLC
Issuance of Additional Notes. The Company Issuer shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement restrictions and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9Sections 4.9 and 4.12. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each the Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (BlueLinx Holdings Inc.)
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest Additional Interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Mantech International Corp
Issuance of Additional Notes. The Company Issuer shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement restrictions and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each the Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Issuance of Additional Notes. The Company Issuers shall be entitled to issue Additional Notes Notes, including Exchange Notes, under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, price and amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement registration rights agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.9 and Section 4.12. The Initial Notes issued on the Issue Date, the PIK Notes and any Additional Notes and all or Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Issuers shall set forth in a resolution of its Board of Directors Resolution and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (Yankee Holding Corp.)
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, price and amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: PNA Group Holding CORP
Issuance of Additional Notes. The Company Issuers shall be entitled to issue Additional Notes Notes, including Exchange Notes, under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, price and amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement registration rights agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.9 and Section 4.12. The Initial Notes and any Additional Notes and all or Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Issuers shall set forth in a resolution of its their Board of Directors and in an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (Barrington Quincy LLC)
Issuance of Additional Notes. The Company shall be entitled entitled, without the consent of the Holders, to issue Additional Notes under this Indenture that in an unlimited principal amount which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (or upon a registration default as provided under a registration rights agreement related thereto and, terms of optional redemption, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto)any; provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.09 or 4.10. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:: BACK
Appears in 1 contract
Samples: Cenveo, Inc
Issuance of Additional Notes. The Company shall will be entitled entitled, subject to its compliance with Section 4.09, 4.12 and otherwise in compliance with this Indenture, to issue Additional Notes under this Indenture that shall which will have identical terms as the Initial NotesNotes issued on the date hereof, other than with respect to the date of issuance, issue price, amount of interest payable on the price and first interest payment date applicable thereto and any customary escrow provisions (andrights under a related registration rights agreement, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9any. The Initial Notes and issued on the date hereof, any Additional Notes and all Exchange Notes shall issued in exchange therefor will be treated as a single class and series for all purposes under this Indenture, including directions, waivers, amendments, consents, redemptions and offers to purchase. With respect to any Additional Notes, each Issuer shall the Company will set forth in a resolution of its Board of Directors (solely with respect to clause (a) of this Section 2.13) and in an Officers’ Certificate, a copy of each of which shall will be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (Carmike Cinemas Inc)
Issuance of Additional Notes. The Company Issuer shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes and the Exchange Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, and if such Additional Notes shall be issued issuance is done in the form of Transfer Restricted Notesa transaction, other than with respect to a registered public offering, transfer restrictions, any Registration Rights Agreement registration rights agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be be, without limitation, treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each the Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Schulman a Inc
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, interest rate, amount of interest payable on the first interest payment date applicable thereto thereto, maturity date and any customary escrow provisions dates and premiums for optional redemption (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any ; a Registration Rights Agreement and additional interest Additional Interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.06. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ ' Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not otherwise prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Jeffboat LLC
Issuance of Additional Notes. The Company Issuer shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement restrictions and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each the Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (Ryerson Holding Corp)
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that which shall have substantially identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto or upon a registration default as provided under a registration rights agreement related thereto and terms of optional redemption, if any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Exchange Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.94.09. The Initial Notes and Notes, any Additional Notes and all Exchange Notes issued in exchange therefor shall be treated as a single class for all purposes under this IndentureIndenture in accordance with Section 2.02. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors (or a duly appointed committee thereof) and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: BRP (Luxembourg) 4 S.a.r.l.
Issuance of Additional Notes. The Company Issuer shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest Additional Interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each the Issuer shall set forth in a resolution of its Board of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (Kemet Corp)
Issuance of Additional Notes. The Company shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement and additional interest Additional Interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section SECTION 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, each Issuer the Company shall set forth in a resolution of its Board of Directors and in an Officers’ Officer’s Certificate, a copy of each of which shall be delivered to the Trustee, the following information:
Appears in 1 contract
Samples: Indenture (Triumph Group Inc)
Issuance of Additional Notes. The Company Issuers shall be entitled to issue Additional Notes under this Indenture that shall have identical terms as the Initial Notes, other than with respect to the date of issuance, issue price, amount of interest payable on the first interest payment date applicable thereto and any customary escrow provisions (and, if such Additional Notes shall be issued in the form of Transfer Restricted Notes, other than with respect to transfer restrictions, any Registration Rights Agreement registration rights and additional interest with respect thereto); provided that such issuance is not prohibited by the terms of this Indenture, including Section 4.9. The Initial Notes and any Additional Notes and all Exchange Notes shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Notes, the Issuers shall each Issuer shall set forth in a resolution of its Board their respective Boards of Directors and in an Officers’ Certificate, a copy of each of which shall be delivered to the Trustee, the following informationinformation and documents:
Appears in 1 contract