Issuances by the Company. The Notes have been duly authorized, executed and delivered by the Company and, when authenticated by the Trustee in accordance with the provisions of the Indenture and delivered to and paid for by the purchasers thereof in accordance with the terms of this Agreement, the Notes will be legal, valid and binding obligations of the Company, enforceable against the Company in accordance with their terms; such Notes will be entitled to the benefits of the Indenture; and the Notes, when issued in accordance with the terms of this Agreement, will conform in all material respects to the description thereof in the General Disclosure Package and the Final Prospectus.
Issuances by the Company. The shares of Preferred Stock represented by the Depositary Shares being delivered to the Underwriters at the Closing Date have been duly authorized by the Company and, when issued and delivered by the Company against payment therefor in accordance with this Agreement and the Deposit Agreement, will be validly issued, fully paid and non-assessable, and will have the rights set forth in the Company’s Articles of Organization and By-laws, as amended to the Closing Date; and the issuance of such shares of Preferred Stock will not be subject to any preemptive rights under the Articles of Organization or By-laws of the Company, as amended to the Closing Date. The Depositary Shares being delivered to the Underwriters by the Depositary at the Closing Date have been duly authorized by the Company and, when issued and delivered against payment therefor as described in the General Disclosure Package and the Final Prospectus, will be validly issued, will represent legal and valid interests in the Preferred Stock and will be entitled to the rights under, and the benefits of, the Deposit Agreement; and the Global Registered Receipt is in the form set forth in the Deposit Agreement.
Issuances by the Company. The Securities have been duly authorized, executed and delivered by the Company and, when authenticated by the Trustee in accordance with the provisions of the Indenture and delivered to and paid for by the purchasers thereof in accordance with the terms of this Agreement, the Securities will be legal, valid and binding obligations of the Company, enforceable against the Company in accordance with their terms; such Securities will be entitled to the benefits of the Indenture; and the Securities when issued in accordance with the terms of this Agreement will conform in all material respects to the description thereof in the General Disclosure Package and the Final Prospectus.
Issuances by the Company. The Shares have been duly authorized and, when issued and delivered to the Underwriters against payment therefor as provided by this Agreement, will be validly issued, fully paid and non-assessable, and the issuance of such Shares will not be subject to any preemptive rights under the Articles of Organization or By-laws of the Company.
Issuances by the Company. If the Company proposes to issue New Securities to HPS, the Company shall, before such issuance, deliver to each other Shareholder an offer to issue to such other Shareholder New Securities upon the same terms and conditions and otherwise in accordance with the terms and conditions set forth in this Section 8 (a “Preemptive Offer”).
Issuances by the Company. The Company will issue the Guarantee and the Junior Subordinated Debentures concurrently with the issue and sale of the Normal APEX.
Issuances by the Company. The Junior Subordinated Debentures have been authorized by the Company, and, when authenticated by the Trustee, issued in accordance with the terms of the Indenture and delivered by the Company to the Trust against payment therefor as described in the General Disclosure Package, will be duly and validly executed, authenticated, issued and delivered and will constitute valid and binding obligations of the Company entitled to the benefits provided by the Indenture, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors’ rights and other general equity principles.
Issuances by the Company. The Junior Subordinated Debentures have been duly authorized by the Company, and, when authenticated by the Trustee and issued in accordance with the terms of the Indenture and delivered by the Company to the Trust against payment therefor as described in the General Disclosure Package, will be duly and validly executed, authenticated, issued and delivered and will constitute valid and legally binding obligations of the Company entitled to the benefits provided by the Indenture and enforceable against the Company in accordance with their terms, subject to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditors’ rights and other general equity principles; and the Junior Subordinated Debentures will conform to the description thereof in the General Disclosure Package and the Final Prospectus. The issuance by the Company of the Preferred Stock pursuant to the Stock Purchase Contract Agreement and the Company’s Articles of Organization has been duly authorized and, when certificates evidencing the shares of Preferred Stock have been executed by the Company and authenticated by the Company’s transfer agent and delivered on the Stock Purchase Date, such shares will be validly issued, fully paid and non-assessable.
Issuances by the Company. Upon the terms and subject to the conditions set forth herein, on any Trading Day as provided in Section 2.03(d) hereof during the Commitment Period on which the conditions set forth in Section 7.01 and 7.03(a) hereof have been satisfied, the Company may exercise an Issuance by the delivery of an Issuance Notice, executed by the Chief Executive Officer, the Chief Financial Officer or the President of the Company, to BNYCMI. The number of Issuance Shares that BNYCMI shall use its commercially reasonable efforts to sell pursuant to such Issuance shall have an aggregate Sales Price equal to the Issuance Amount. Each Issuance will be settled on the applicable Settlement Date(s) following the Issuance Date.
Issuances by the Company. The Securities, as modified after the Remarketing, have been duly authorized, executed and delivered by the Company and, when authenticated by the Trustee in accordance with the provisions of the Indenture and delivered to and paid for by the purchasers thereof in accordance with the terms of this Agreement, the Securities will be legal, valid and binding obligations of the Company, enforceable against the Company in accordance with their terms; such Securities will be entitled to the benefits of the Indenture; and the Securities when sold to the purchasers thereof in accordance with the terms of this Agreement will conform in all material respects to the description thereof in the General Disclosure Package and the Final Prospectus.
