The Additional Notes. (a) Pursuant to Section 2.14 of the Base Indenture, the Company hereby creates $110,000,000 aggregate principal amount of its 6.75% Senior Notes due 2020. These November 2013 Additional Notes shall constitute a single series with the Company’s Outstanding Notes issued on March 20, 2013 (the “Existing Notes”), to which the November 2013 Additional Notes are identical in all terms and conditions except as to the issue date, the amount of interest payable on the first Interest Payment Date therefore and issue price as permitted under Section 2.14(a) of the Base Indenture and except with respect to the use of a separate CUSIP in respect of the Regulation S Temporary Global Note for compliance with the Distribution Compliance Period as further permitted by Section 2.14(a) of the Base Indenture . Interest on the November 2013 Additional Notes shall accrue from October 1, 2013. The first interest payment date of the November 2013 Additional Notes shall be April 1, 2014. All November 2013 Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of the Indenture. The November 2013 Additional Notes shall be issued in global form in minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof in substantially the form of Exhibit A hereto. The terms and provisions of the November 2013 Additional Notes set forth in Exhibit A hereto shall constitute and are expressly made a part of this Supplemental Indenture.
The Additional Notes. Pursuant to Section 2.01(d) of the Original Indenture, the Company hereby creates and issues a series of Notes designated as “5.875% Senior Secured Notes due 2025,” initially limited in aggregate principal amount to $1,500,000,000 (the “5.875% 2025 Notes”); provided that the Company may, at any time and from time to time, create and issue additional 5.875% 2025 Notes in an unlimited principal amount which will be part of the same series as the 5.875% 2025 Notes and which will have the same terms (except for the issue date, issue price and, in some cases, the initial interest accrual date and the first Interest Payment Date) as the 5.875% 2025 Notes. The 5.875% 2025 Notes will have the same terms as the Original 7.000% 2024 Notes other than as provided in this First Supplemental Indenture. All 5.875% 2025 Notes issued under the Indenture will, once issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all the terms, conditions and provisions of the Indenture.
The Additional Notes. (a) Pursuant to Section 2.02 of the Indenture, there is hereby authorized the issuance of $250,000,000 in aggregate principal amount of the Issuer’s 4.000% Senior Notes due 2029, which amount shall be specified in the Authentication Order for the Additional Notes pursuant to Section 2.02 of the Indenture. The principal of the Additional Notes shall be due and payable at the Stated Maturity of the principal of the Initial Notes.
The Additional Notes. Pursuant to Section 2.13 of the Original Indenture, the Company hereby creates and issues $80,000,000 aggregate principal amount of its 10.75% Senior Secured Guaranteed Notes Due 2011 (the “Additional Notes”). These Additional Notes will be consolidated to form a single series, and be fully fungible, with the Company’s outstanding 10.75% Senior Secured Guaranteed Notes Due 2011 issued on July 23, 2004, to which the Additional Notes are identical in all terms and conditions except issue date. Interest on the Additional Notes shall accrue from January 23, 2005. All Additional Notes issued under the Indenture will, when issued, be considered Notes for all purposes thereunder and will be subject to and take the benefit of all of the terms, conditions and provisions of the Indenture.
The Additional Notes. The Additional Notes shall be issued in an aggregate principal amount of up to $4,085,032.50.
The Additional Notes. The Company agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Additional Notes set forth in the Overallotment Notice, and subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the aggregate principal amount of such Additional Notes that bears the same proportion to the total principal amount of Additional Notes to be purchased on such Option Closing Date (as defined below) as the principal amount of Firm Notes set forth in Schedule A opposite the name of such Initial Purchaser bears to the total principal amount of Firm Notes, at a purchase price of 97% of the principal amount thereof payable on the Option Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms herein set forth. The Initial Purchasers’ option to purchase Additional Notes may be exercised in whole or from time to time in part by giving written notice not later than 30 days after the date of this Agreement solely to cover overallotments, if any. Any exercise notice shall specify the principal amount of Additional Notes to be purchased by the Initial Purchasers and the date on which such Additional Notes are to be purchased (each such notice, an “Overallotment Notice”). Each purchase date must be at least two business days after the written notice is given (except if the purchase date is to be the Closing Date, then such purchase date shall be the Closing Date) and may not be earlier than the Closing Date nor later than ten business days after the date of such notice.
The Additional Notes. The Additional Notes have been duly authorized for issuance by the Company and, when duly executed, issued and delivered and paid for in accordance with the Transaction Documents, will constitute valid and binding obligations of the Company, entitled to the benefits of the Transaction Documents and enforceable against the Company in accordance with their terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles. The offer, issuance and sale of the Additional Notes to the Investors pursuant to the Agreement is exempt from the registration requirements of the 1933 Act.
The Additional Notes. (a) Subject to the satisfaction (or waiver in accordance with Section 10.9) of the conditions precedent set forth in Section 4.2, at any time and from time to time after the Initial Closing Date, the Company shall issue and sell to each Person that executes a counterpart signature page to this Agreement in the form attached hereto as Exhibit B (individually, an “Additional Purchaser” and collectively, the “Additional Purchasers”), and each such Additional Purchaser shall purchase from the Company, an Additional Note in a principal amount to be mutually agreed between such Additional Purchaser and the Company. Each additional issuance, sale and purchase of Additional Notes as provided in this Section 2.2 shall take place on a date to be mutually agreed by the Company and such Additional Purchaser (each, an “Additional Closing Date”); provided that (i) each Additional Closing Date shall have occurred on or prior to Xxxxx 00, 0000, (xx) all issuances, sales and purchases of Additional Notes on an Additional Closing Date shall be made on substantially identical terms and conditions as the Initial Notes, shall, to the extent permitted by law, be fungible for tax purposes with the Initial Notes and may only be amended pursuant to Section 10.9; (iii) the purchase price of each Additional Note shall be increased by the PIK Interest (as defined in the Note) and Cash Interest (as defined in the Note) that has accrued since the Initial Closing Date on the Initial Notes (it being understood and agreed that interest on all the Notes shall accrue PIK Interest and be payable on the same dates) and (iv) in no event shall the initial aggregate principal amount of all Notes issued hereunder exceed $215,000,000.
The Additional Notes. The Subscribers shall have the right (but not the obligation) at any time during the period commencing on the business day immediately following the Completion Date and ending on the anniversary of the Completion Date to subscribe for any of the Additional Notes with an aggregate principal amount of up to but not exceeding US$6,000,000 (equivalent to approximately HK$46,800,000). The applicable Additional Notes shall be issued to the Subscribers on the relevant Additional Notes completion date, being the second business day after the receipt by the Company of the relevant subscription notice from the Subscriber, subject to, among other conditions, the conditions precedent set out below and the condition that the closing price of the Shares on each of the 2 business days immediately preceding the relevant Additional Notes completion date being no less than the par value of the Shares. All the Notes to be issued under the Subscription Agreement shall, if issued, be on the same terms (other than as to the date of issuance and principal amount) and denominated in a multiple of US$100,000. Principal terms of the Notes Interest The Notes bear interest at the rate of 1.5% per annum, subject to adjustment as described below. Interest is payable quarterly in arrears on 31st March, 30th June, 30th September and 31st December in each year. Pursuant to the terms of the Note, the interest rate of the Notes shall increase to 10.0% per annum if, inter alia, any of the following triggering events occur:
The Additional Notes. The Additional Notes shall be issued in an aggregate principal amount of up to $22,500,000 ($25,875,000 if the over-allotment option of the underwriters is exercised in full).
