Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Issuance and Sale of Notes. The Sponsor has authorized the issuance and sale of $68,000,000 Class A-1 5.79% Asset Backed Notes, $96,250,000 Class A-2 6.36% Asset Backed Notes and $85,750,000 Class A-3 6.67% Asset Backed Notes (collectively, the "Notes"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 1997-B (the "Trust") pursuant to an Indenture, to be dated as of May 1, 1997 (the "Indenture"), between the Trust and LaSalle National Bank, a national banking association, as indenture trustee (the "Trustee") and as trust collateral agent. In addition to the Notes, the Trust will also issue an Asset Backed Certificate (the "Certificate") (the Notes and the Certificate, collectively, the "Securities") pursuant to a Trust Agreement, to be dated as of May 1, 1997, between the Seller and Bankers Trust (Delaware), as owner trustee (the "Owner Trustee"). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the "Initial Receivables") and certain monies due thereunder on or after May 1, 1997 (the "Initial Cutoff Date"). Additional retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the "Subsequent Receivables") and certain monies due thereunder on or after the applicable Subsequent Cutoff Date are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, from funds available under the Pre-Funded Amount. The Initial Receivables and the Subsequent Receivables are hereinafter referred to as the "Receivables." The Notes will have the benefit of a note insurance policy (the "Note Insurance Policy"), issued by Financial Security Assurance Inc., a monoline insurance corporation organized under the laws of New York (the "Note Insurer"). In connection with the issuance of the Note Insurance Policy (i) the Companies, the Trust and the Note Insurer will execute and deliver an Insurance Agreement dated as of May 1, 1997 (the "Insurance Agreement") and (ii) the Seller, the Underwriters and the Note Insurer will execute and deliver an Indemnification Agreement dated as of May 1, 1997 (the "Indemnification Agreement").
Issuance and Sale of Notes. The Sponsor may, from time to time during the term of this Forward Purchase Commitment Agreement (this “Agreement”), authorize the issuance and sale of one or more series (each, a “Series”) of Asset Backed Notes (the “Notes”). Each Series of Notes will be issued by a separate trust (each, a “Trust”) entitled “AmeriCredit Automobile Receivables Trust 200 - ,” pursuant to an indenture between such Trust and the trustee and trust collateral agent named therein (the “Trustee”). In addition to the Notes of each Series, each Trust will also issue an Asset Backed Certificate representing the beneficial ownership interest in the Trust (the “Certificate”) (the Notes and the Certificate issued by a Trust, collectively, the “Securities”) pursuant to a Trust Agreement, between the Seller and the entity named therein, as owner trustee (the “Owner Trustee”). The assets of each Trust will include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder. The applicable Trust shall enter into an interest rate swap or cap agreement on the applicable Closing Date to hedge the floating interest rate on any floating rate Notes issued. Each Trust will enter into a Sale and Servicing Agreement among the related Trust, the Sponsor, as servicer, the Seller and the entity named therein, as trust collateral agent and backup servicer (each, a “Sale and Servicing Agreement”) pursuant to which the Receivables will be serviced. The Notes of one or more Series may have the benefit of a note insurance policy (each, a “Note Insurance Policy”), issued by Financial Security Assurance Inc., a New York financial guaranty insurance company (the “Note Insurer”). In connection with the issuance of each Note Insurance Policy (i) the Companies, the related Trust, AmeriCredit Corp. and the Note Insurer will execute and deliver an Insurance Agreement, (ii) the Seller, the Representative (as defined below) and the Note Insurer will execute and deliver an Indemnification Agreement and
Issuance and Sale of Notes. The Issuer has authorized the issuance of $171,000,000 of 2.044% Class A-1 Lease-Backed Notes, Series 2002-1 (the "Class A-1 Notes"); $46,000,000 of 2.91% Class A-2 Lease-Backed Notes, Series 2002-1 (the "Class A-2 Notes"); $266,400,000 of 3.90% Class A-3 Lease-Backed Notes, Series 2002-1 (the "Class A-3 Notes"); and $151,400,000 of 4.68% Class A-4 Lease-Backed Notes, Series 2002-1 (the "Class A-4 Notes"; together with the Class A-1 Notes, Class A-2 Notes, and Class A-3 Notes, the "Notes"). The Notes will be issued pursuant to an Indenture, dated as of May 1, 2002 (the "Indenture"), among the Issuer, IOS Capital, as Servicer, and BNY Midwest Trust Company (the "Trustee"). The Notes are more fully described in the Final Prospectus (as defined below), a copy of which the Issuer is furnishing to you. The Notes will evidence secured debt obligations of the Issuer. The assets of the Issuer will include a pool of primarily office equipment lease contracts, including certain payments due thereunder (the "Leases"), and the Issuer's interest in the underlying equipment (the "Equipment"). The Notes will be entitled to the benefits of a financial guaranty insurance policy (the "Policy") issued by Ambac Assurance Corporation ("Ambac") in accordance with the terms of an Insurance and Indemnity Agreement among Ambac, the Issuer, the Seller, IOS Capital and the Trustee (the "Insurance Agreement"). Capitalized terms used and not defined herein shall have the meanings specified in the Indenture. The Notes will be sold by the Issuer to the Underwriters in the amounts set forth on Schedule A hereto. The terms which follow, when used in this Underwriting Agreement (this "Agreement"), shall have the meanings indicated:
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $236,000,000 Class A-1 0.8375% Asset Backed Notes (the “Class A-1 Notes”), $166,000,000 Class A-2 2.26% Asset Backed Notes (the “Class A-2 Notes”), $164,560,000 Class A-3 3.04% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes and the Class A-2 Notes, the “Class A Notes”), $66,200,000 Class B 9.79% Asset Backed Notes and $92,240,000 Class C 14.55% Asset Backed Notes (collectively, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 2009-1 (the “Trust”) pursuant to an Indenture, to be dated as of June 30, 2009 (the “Indenture”), between the Trust and Xxxxx Fargo Bank, National Association (“Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as Trust Collateral Agent. In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, collectively, the “Securities”) pursuant to a Trust Agreement, dated as of June 18, 2009, as amended and restated as of June 30, 2009 (the “Trust Agreement”), between the Seller and Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after June 30, 2009 (the “Cutoff Date”).
Issuance and Sale of Notes. The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through BRFBR the Company’s 7.25% Senior Notes Due 2027 (the “December 2027 Notes”), 7.50% Senior Notes due 2027 (the “May 2027 Notes”), the Company’s 7.50% Senior Notes due 2021 (the “2021 Notes”), and the Company 7.375% Senior Notes due 2023 (the “2023 Notes”, together with the December 2027, the May 2027 Notes and the 2021 Notes, the “Notes”) be issued under an indenture dated as of November 2, 2016 (the “Base Indenture”), as supplemented by the First Supplemental Indenture dated as of November 2, 2016 (the “First Supplemental Indenture”), the Second Supplemental Indenture dated as of May 31, 2017, 2017 (the “Second Supplemental Indenture”), the Third Supplemental Indenture dated as of December 13, 2017, and the Fourth Supplemental Indenture dated as of May 17, 2018 (together with the Base Indenture, First Supplemental Indenture, Second Supplemental Indenture, and Third Supplemental Indenture, the “Indenture”), between the Company and U.S. Bank National Association, as trustee (the “Trustee”), from time to time during the term of this Agreement (the “Placement Notes”); provided, however, that in no event shall the Company issue or sell through BRFBR such number of Placement Notes that (a) exceeds the number or dollar amount of Notes registered on the effective Registration Statement (as defined below) pursuant to which the offering is being made or (b) the aggregate principal amount of Notes authorized to be issued by the board of directors of the Company (the “Board”) from time to time (the lesser of (a) or (b) the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 on the number of Placement Notes issued and sold under this Agreement shall be the sole responsibility of the Company and that BRFBR shall have no obligation in connection with such compliance. The issuance and sale of Placement Notes through BRFBR will be effected pursuant to the Registration Statement (as defined below), although nothing in this Agreement shall be construed as requiring the Company to use the Registration Statement to issue any Placement Notes. The Placement Notes will be issued to Cede & Co., as nominee of the Depository Trust Company (“DTC”) pursuant to a blanket letter of representations (the “DTC...
Issuance and Sale of Notes. In December 2015, the Company issued $160,000,000 in aggregate principal amount of its 6.25% Notes due 2024, which trade on the New York Stock Exchange (the “NYSE”) under the trading symbol “PBB” (the “2024 Notes”). From June 2016 through August 2016, the Company issued an additional $39,281,000 aggregate principal amount of the 2024 Notes in an at-the-market offering. From the date of the Original Agreement through February 6, 2019, the Company issued an additional $22,186,975 aggregate principal amount of the 2024 Notes in an at-the-market offering pursuant to the Original Agreement and the Amended and Restated Agreement (the “Prior Agreements 2024 Notes”). As of the date of this Agreement, the Company has issued a total of $221,467,975 in aggregate principal amount of the 2024 Notes. In June 2018, the Company issued $55,000,000 in aggregate principal amount of its 6.25% Notes due 2028, which trade on the NYSE under the trading symbol “PBY” (the “2028 Notes”). From the date of the Original Agreement through February 6, 2019, the Company issued an additional $12,410,775 aggregate principal amount of the 2028 Notes in an at-the-market offering pursuant to the Original Agreement and the Amended and Restated Agreement (the “Prior Agreements 2028 Notes”). As of the date of this Agreement, the Company has issued a total of $67,410,775 in aggregate principal amount of the 2028 Notes. In December 2018, the Company issued $50,000,000 in aggregate principal amount of its 6.875% Notes due 2029, which trade on the NYSE under the trading symbol “PBC” (the “2029 Notes”). The Company proposes to issue and sell through the Agent, as sales agent, in accordance with the terms and conditions set forth in Section 4 of this Agreement, (i) additional 2024 Notes having an aggregate principal amount of up to $100,000,000 less the aggregate principal amount of the Prior Agreements 2024 Notes (the “Maximum Amount of 2024 Notes”), (ii) additional 2028 Notes having an aggregate principal amount of up to $100,000,000 less the aggregate principal amount of the Prior Agreements 2028 Notes (the “Maximum Amount of 2028 Notes”) and (iii) additional 2029 Notes having an aggregate principal amount of up to $100,000,000 (the “Maximum Amount of 2029 Notes”) (collectively, the “Notes”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 regarding the Maximum Amount of 2024 Notes, the Maximum Amou...
Issuance and Sale of Notes. The Issuer hereby agrees to sell to the Purchasers, and each of the Purchasers agrees, severally and not jointly, to purchase from the Issuer, the Notes on the Closing Date at a price of 100% of the principal amount thereof and in the aggregate principal amount set forth opposite its name on Schedule I hereto (the "Purchase Price"). The Issuer hereby directs the Collateral Trustee to execute the certificate of authentication appended to each Note.
Issuance and Sale of Notes. 1.1 Authorization of Notes 1 1.2 Use of Proceeds 1
Issuance and Sale of Notes. GS SHARES, SERIES A PREFERRED STOCK AND WARRANTS
