Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019-2) Notes, so long as the following conditions precedent are satisfied: (a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include: (i) the Issuance Date of such additional Class A(2019-2) Notes; (ii) the amount of such additional Class A(2019-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019-2) Notes; (iii) the date from which interest on such additional Class A(2019-2) Notes will accrue (which may be a date prior to the date of issuance thereof); (iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019-2) Notes; and (v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019-2) Notes to clarify the rights of Holders of such additional Class A(2019-2) Notes or the effect of such issuance of additional Class A(2019-2) Notes on any calculations to be made with respect to the Class A(2019-2) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019-2) Notes; (b) no Class A(2019-2) Adverse Event has occurred and is continuing; and (c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2017-26) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2017-26) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2017-26) Notes;
(ii) the amount of such additional Class A(2019A(2017-26) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2017-26) Notes;
(iii) the date from which interest on such additional Class A(2019A(2017-26) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2017-26) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2017-26) Notes to clarify the rights of Holders of such additional Class A(2019A(2017-26) Notes or the effect of such issuance of additional Class A(2019A(2017-26) Notes on any calculations to be made with respect to the Class A(2019A(2017-26) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2017-26) Notes;
(b) no Class A(2019A(2017-26) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2017-26) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2017-26) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2017-26) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2017-26) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2017-26) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019-23) Notes;
(ii) the amount of such additional Class A(2019-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019-23) Notes;
(iii) the date from which interest on such additional Class A(2019-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019-23) Notes to clarify the rights of Holders of such additional Class A(2019-23) Notes or the effect of such issuance of additional Class A(2019-23) Notes on any calculations to be made with respect to the Class A(2019-23) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019-23) Notes;
(b) no Class A(2019-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-23) Notes would be treated as part of the same issue as the outstanding Class A(2019-23) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-23) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2023-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2023-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2023-21) Notes;
(ii) the amount of such additional Class A(2019A(2023-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2023-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2023-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2023-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2023-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2023-21) Notes or the effect of such issuance of additional Class A(2019A(2023-21) Notes on any calculations to be made with respect to the Class A(2019A(2023-21) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2023-21) Notes;
(b) no Class A(2019A(2023-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2023-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2023-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2023-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2023-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2023-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2022-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2022-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2022-2) Notes;
(ii) the amount of such additional Class A(2019A(2022-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2022-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2022-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2022-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2022-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2022-2) Notes or the effect of such issuance of additional Class A(2019A(2022-2) Notes on any calculations to be made with respect to the Class A(2019A(2022-2) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2022-2) Notes;
(b) no Class A(2019A(2022-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2022-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2022-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2022-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2022-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2022-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2018-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2018-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2018-2) Notes;
(ii) the amount of such additional Class A(2019A(2018-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2018-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2018-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2018-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2018-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2018-2) Notes or the effect of such issuance of additional Class A(2019A(2018-2) Notes on any calculations to be made with respect to the Class A(2019A(2018-2) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2018-2) Notes;
(b) no Class A(2019A(2018-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2018-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2018-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2018-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2018-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2018-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2018-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2018-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2018-21) Notes;
(ii) the amount of such additional Class A(2019A(2018-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2018-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2018-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2018-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2018-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2018-21) Notes or the effect of such issuance of additional Class A(2019A(2018-21) Notes on any calculations to be made with respect to the Class A(2019A(2018-21) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2018-21) Notes;
(b) no Class A(2019A(2018-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2018-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2018-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2018-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2018-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2018-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2018-26) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2018-26) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2018-26) Notes;
(ii) the amount of such additional Class A(2019A(2018-26) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2018-26) Notes;
(iii) the date from which interest on such additional Class A(2019A(2018-26) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2018-26) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2018-26) Notes to clarify the rights of Holders of such additional Class A(2019A(2018-26) Notes or the effect of such issuance of additional Class A(2019A(2018-26) Notes on any calculations to be made with respect to the Class A(2019A(2018-26) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2018-26) Notes;
(b) no Class A(2019A(2018-26) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2018-26) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2018-26) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2018-26) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2018-26) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2018-26) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2020-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2020-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2020-23) Notes;
(ii) the amount of such additional Class A(2019B(2020-23) Notes being offered offered, the purchase price for such additional Class B(2020-3) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2020-23) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2020-3) Notes after giving effect to the issuance of the additional Class A(2019B(2020-23) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2020-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2020-23) Notes to clarify the rights of Holders of such additional Class A(2019B(2020-23) Notes or the effect of such issuance of additional Class A(2019B(2020-23) Notes on any calculations to be made with respect to the Class A(2019B(2020-23) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2020-23) Notes;; and
(b) no Class A(2019B(2020-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2020-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2020-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2017-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2017-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2017-2) Notes;
(ii) the amount of such additional Class A(2019A(2017-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2017-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2017-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2017-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2017-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2017-2) Notes or the effect of such issuance of additional Class A(2019A(2017-2) Notes on any calculations to be made with respect to the Class A(2019A(2017-2) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2017-2) Notes;
(b) no Class A(2019A(2017-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2017-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2017-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2017-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2017-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2017-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2022-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2022-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2022-21) Notes;
(ii) the amount of such additional Class A(2019A(2022-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2022-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2022-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2022-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2022-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2022-21) Notes or the effect of such issuance of additional Class A(2019A(2022-21) Notes on any calculations to be made with respect to the Class A(2019A(2022-21) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2022-21) Notes;
(b) no Class A(2019A(2022-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2022-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2022-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2022-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2022-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2022-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2016-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2016-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2016-21) Notes;
(ii) the amount of such additional Class A(2019A(2016-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2016-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2016-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2016-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2016-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2016-21) Notes or the effect of such issuance of additional Class A(2019A(2016-21) Notes on any calculations to be made with respect to the Class A(2019A(2016-21) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2016-21) Notes;
(b) no Class A(2019A(2016-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2016-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2016-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2016-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2016-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2016-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2016-24) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2016-24) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2016-24) Notes;
(ii) the amount of such additional Class A(2019A(2016-24) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2016-24) Notes;
(iii) the date from which interest on such additional Class A(2019A(2016-24) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2016-24) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2016-24) Notes to clarify the rights of Holders of such additional Class A(2019A(2016-24) Notes or the effect of such issuance of additional Class A(2019A(2016-24) Notes on any calculations to be made with respect to the Class A(2019A(2016-24) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2016-24) Notes;
(b) no Class A(2019A(2016-24) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2016-24) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2016-24) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2016-24) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2016-24) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2016-24) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2018-24) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2018-24) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2018-24) Notes;
(ii) the amount of such additional Class A(2019A(2018-24) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2018-24) Notes;
(iii) the date from which interest on such additional Class A(2019A(2018-24) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2018-24) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2018-24) Notes to clarify the rights of Holders of such additional Class A(2019A(2018-24) Notes or the effect of such issuance of additional Class A(2019A(2018-24) Notes on any calculations to be made with respect to the Class A(2019A(2018-24) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2018-24) Notes;
(b) no Class A(2019A(2018-24) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2018-24) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2018-24) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2018-24) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2018-24) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2018-24) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2015-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2015-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2015-21) Notes;
(ii) the amount of such additional Class A(2019A(2015-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2015-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2015-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2015-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2015-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2015-21) Notes or the effect of such issuance of additional Class A(2019A(2015-21) Notes on any calculations to be made with respect to the Class A(2019A(2015-21) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2015-21) Notes;
(b) no Class A(2019A(2015-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2015-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2015-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2015-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2015-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2015-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2018-25) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2018-25) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2018-25) Notes;
(ii) the amount of such additional Class A(2019A(2018-25) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2018-25) Notes;
(iii) the date from which interest on such additional Class A(2019A(2018-25) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2018-25) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2018-25) Notes to clarify the rights of Holders of such additional Class A(2019A(2018-25) Notes or the effect of such issuance of additional Class A(2019A(2018-25) Notes on any calculations to be made with respect to the Class A(2019A(2018-25) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2018-25) Notes;
(b) no Class A(2019A(2018-25) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2018-25) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2018-25) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2018-25) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2018-25) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2018-25) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2022-24) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2022-24) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2022-24) Notes;
(ii) the amount of such additional Class A(2019A(2022-24) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2022-24) Notes;
(iii) the date from which interest on such additional Class A(2019A(2022-24) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2022-24) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2022-24) Notes to clarify the rights of Holders of such additional Class A(2019A(2022-24) Notes or the effect of such issuance of additional Class A(2019A(2022-24) Notes on any calculations to be made with respect to the Class A(2019A(2022-24) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2022-24) Notes;
(b) no Class A(2019A(2022-24) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2022-24) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2022-24) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2022-24) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2022-24) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2022-24) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2023-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2023-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2023-2) Notes;
(ii) the amount of such additional Class A(2019A(2023-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2023-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2023-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2023-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2023-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2023-2) Notes or the effect of such issuance of additional Class A(2019A(2023-2) Notes on any calculations to be made with respect to the Class A(2019A(2023-2) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2023-2) Notes;
(b) no Class A(2019A(2023-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2023-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2023-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2023-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2023-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2023-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2021-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2021-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2021-21) Notes;
(ii) the amount of such additional Class A(2019A(2021-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2021-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2021-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2021-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2021-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2021-21) Notes or the effect of such issuance of additional Class A(2019A(2021-21) Notes on any calculations to be made with respect to the Class A(2019A(2021-21) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2021-21) Notes;
(b) no Class A(2019A(2021-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2021-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2021-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2021-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2021-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2021-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2021-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2021-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2021-2) Notes;
(ii) the amount of such additional Class A(2019A(2021-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2021-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2021-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2021-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2021-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2021-2) Notes or the effect of such issuance of additional Class A(2019A(2021-2) Notes on any calculations to be made with respect to the Class A(2019A(2021-2) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2021-2) Notes;
(b) no Class A(2019A(2021-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2021-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2021-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2021-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2021-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2021-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2018-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2018-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2018-23) Notes;
(ii) the amount of such additional Class A(2019A(2018-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2018-23) Notes;
(iii) the date from which interest on such additional Class A(2019A(2018-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2018-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2018-23) Notes to clarify the rights of Holders of such additional Class A(2019A(2018-23) Notes or the effect of such issuance of additional Class A(2019A(2018-23) Notes on any calculations to be made with respect to the Class A(2019A(2018-23) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2018-23) Notes;
(b) no Class A(2019A(2018-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2018-23) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2018-23) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2018-23) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2018-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2018-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2017-24) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2017-24) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2017-24) Notes;
(ii) the amount of such additional Class A(2019A(2017-24) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2017-24) Notes;
(iii) the date from which interest on such additional Class A(2019A(2017-24) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2017-24) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2017-24) Notes to clarify the rights of Holders of such additional Class A(2019A(2017-24) Notes or the effect of such issuance of additional Class A(2019A(2017-24) Notes on any calculations to be made with respect to the Class A(2019A(2017-24) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2017-24) Notes;
(b) no Class A(2019A(2017-24) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2017-24) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2017-24) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2017-24) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2017-24) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2017-24) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Bank), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2020-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2020-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2020-2) Notes;
(ii) the amount of such additional Class A(2019B(2020-2) Notes being offered offered, the purchase price for such additional Class B(2020-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2020-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019B(2020-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class B(2020-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2020-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2020-2) Notes to clarify the rights of Holders of such additional Class A(2019B(2020-2) Notes or the effect of such issuance of additional Class A(2019B(2020-2) Notes on any calculations to be made with respect to the Class A(2019B(2020-2) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2020-2) Notes;; and
(b) no Class A(2019B(2020-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2020-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2020-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Class B(2020 2) Terms Document (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2017-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2017-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2017-23) Notes;
(ii) the amount of such additional Class A(2019A(2017-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2017-23) Notes;
(iii) the date from which interest on such additional Class A(2019A(2017-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2017-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2017-23) Notes to clarify the rights of Holders of such additional Class A(2019A(2017-23) Notes or the effect of such issuance of additional Class A(2019A(2017-23) Notes on any calculations to be made with respect to the Class A(2019A(2017-23) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2017-23) Notes;
(b) no Class A(2019A(2017-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2017-23) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2017-23) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2017-23) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2017-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2017-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Bank), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2017-27) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2017-27) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2017-27) Notes;
(ii) the amount of such additional Class A(2019A(2017-27) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2017-27) Notes;
(iii) the date from which interest on such additional Class A(2019A(2017-27) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2017-27) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2017-27) Notes to clarify the rights of Holders of such additional Class A(2019A(2017-27) Notes or the effect of such issuance of additional Class A(2019A(2017-27) Notes on any calculations to be made with respect to the Class A(2019A(2017-27) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2017-27) Notes;
(b) no Class A(2019A(2017-27) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2017-27) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2017-27) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2017-27) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2017-27) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2017-27) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2015-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2015-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2015-23) Notes;
(ii) the amount of such additional Class A(2019A(2015-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2015-23) Notes;
(iii) the date from which interest on such additional Class A(2019A(2015-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2015-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2015-23) Notes to clarify the rights of Holders of such additional Class A(2019A(2015-23) Notes or the effect of such issuance of additional Class A(2019A(2015-23) Notes on any calculations to be made with respect to the Class A(2019A(2015-23) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2015-23) Notes;
(b) no Class A(2019A(2015-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2015-23) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2015-23) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2015-23) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2015-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2015-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement (Discover Bank), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2017-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2017-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2017-21) Notes;
(ii) the amount of such additional Class A(2019A(2017-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2017-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2017-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2017-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2017-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2017-21) Notes or the effect of such issuance of additional Class A(2019A(2017-21) Notes on any calculations to be made with respect to the Class A(2019A(2017-21) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2017-21) Notes;
(b) no Class A(2019A(2017-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2017-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2017-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2017-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2017-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2017-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019-21) Notes;
(ii) the amount of such additional Class A(2019-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019-21) Notes;
(iii) the date from which interest on such additional Class A(2019-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019-21) Notes to clarify the rights of Holders of such additional Class A(2019-21) Notes or the effect of such issuance of additional Class A(2019-21) Notes on any calculations to be made with respect to the Class A(2019-21) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019-21) Notes;
(b) no Class A(2019-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-21) Notes would be treated as part of the same issue as the outstanding Class A(2019-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2017-25) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2017-25) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2017-25) Notes;
(ii) the amount of such additional Class A(2019A(2017-25) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2017-25) Notes;
(iii) the date from which interest on such additional Class A(2019A(2017-25) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2017-25) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2017-25) Notes to clarify the rights of Holders of such additional Class A(2019A(2017-25) Notes or the effect of such issuance of additional Class A(2019A(2017-25) Notes on any calculations to be made with respect to the Class A(2019A(2017-25) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2017-25) Notes;
(b) no Class A(2019A(2017-25) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2017-25) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2017-25) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2017-25) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2017-25) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2017-25) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2020-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2020-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2020-21) Notes;
(ii) the amount of such additional Class A(2019B(2020-21) Notes being offered offered, the purchase price for such additional Class B(2020-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2020-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2020-1) Notes after giving effect to the issuance of the additional Class A(2019B(2020-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2020-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2020-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2020-21) Notes or the effect of such issuance of additional Class A(2019B(2020-21) Notes on any calculations to be made with respect to the Class A(2019B(2020-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2020-21) Notes;; and
(b) no Class A(2019B(2020-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2020-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2020-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2010-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2010-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2010-21) Notes;
(ii) the amount of such additional Class A(2019B(2010-21) Notes being offered offered, the purchase price for such additional Class B(2010-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2010-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2010-1) Notes after giving effect to the issuance of the additional Class A(2019B(2010-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2010-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2010-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2010-21) Notes or the effect of such issuance of additional Class A(2019B(2010-21) Notes on any calculations to be made with respect to the Class A(2019B(2010-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2010-21) Notes;; and
(b) no Class A(2019B(2010-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2010-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2010-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Class B(2010 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2011-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2011-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2011-2) Notes;
(ii) the amount of such additional Class A(2019A(2011-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2011-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2011-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2011-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2011-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2011-2) Notes or the effect of such issuance of additional Class A(2019A(2011-2) Notes on any calculations to be made with respect to the Class A(2019A(2011-2) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2011-2) Notes;
(b) no Class A(2019A(2011-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2011-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2011-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2011-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2011-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2011-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2013-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2013-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2013-21) Notes;
(ii) the amount of such additional Class A(2019B(2013-21) Notes being offered offered, the purchase price for such additional Class B(2013-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2013-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2013-1) Notes after giving effect to the issuance of the additional Class A(2019B(2013-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2013-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2013-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2013-21) Notes or the effect of such issuance of additional Class A(2019B(2013-21) Notes on any calculations to be made with respect to the Class A(2019B(2013-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2013-21) Notes;; and
(b) no Class A(2019B(2013-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2013-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2013-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Bank)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2017-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2017-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2017-2) Notes;
(ii) the amount of such additional Class A(2019B(2017-2) Notes being offered offered, the purchase price for such additional Class B(2017-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2017-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019B(2017-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class B(2017-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2017-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2017-2) Notes to clarify the rights of Holders of such additional Class A(2019B(2017-2) Notes or the effect of such issuance of additional Class A(2019B(2017-2) Notes on any calculations to be made with respect to the Class A(2019B(2017-2) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2017-2) Notes;; and
(b) no Class A(2019B(2017-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2017-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2017-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2012-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2012-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2012-23) Notes;
(ii) the amount of such additional Class A(2019A(2012-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2012-23) Notes;
(iii) the date from which interest on such additional Class A(2019A(2012-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2012-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2012-23) Notes to clarify the rights of Holders of such additional Class A(2019A(2012-23) Notes or the effect of such issuance of additional Class A(2019A(2012-23) Notes on any calculations to be made with respect to the Class A(2019A(2012-23) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2012-23) Notes;
(b) no Class A(2019A(2012-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2012-23) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2012-23) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2012-23) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2012-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2012-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2014-24) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2014-24) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2014-24) Notes;
(ii) the amount of such additional Class A(2019A(2014-24) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2014-24) Notes;
(iii) the date from which interest on such additional Class A(2019A(2014-24) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2014-24) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2014-24) Notes to clarify the rights of Holders of such additional Class A(2019A(2014-24) Notes or the effect of such issuance of additional Class A(2019A(2014-24) Notes on any calculations to be made with respect to the Class A(2019A(2014-24) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2014-24) Notes;
(b) no Class A(2019A(2014-24) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2014-24) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2014-24) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2014-24) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2014-24) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2014-24) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2014-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2014-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2014-23) Notes;
(ii) the amount of such additional Class A(2019A(2014-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2014-23) Notes;
(iii) the date from which interest on such additional Class A(2019A(2014-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2014-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2014-23) Notes to clarify the rights of Holders of such additional Class A(2019A(2014-23) Notes or the effect of such issuance of additional Class A(2019A(2014-23) Notes on any calculations to be made with respect to the Class A(2019A(2014-23) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2014-23) Notes;
(b) no Class A(2019A(2014-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2014-23) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2014-23) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2014-23) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2014-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2014-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2010-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2010-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2010-21) Notes;
(ii) the amount of such additional Class A(2019A(2010-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2010-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2010-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2010-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2010-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2010-21) Notes or the effect of such issuance of additional Class A(2019A(2010-21) Notes on any calculations to be made with respect to the Class A(2019A(2010-21) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2010-21) Notes;
(b) no Class A(2019A(2010-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2010-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2010-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2010-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2010-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2010-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2011-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2011-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2011-21) Notes;
(ii) the amount of such additional Class A(2019B(2011-21) Notes being offered offered, the purchase price for such additional Class B(2011-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2011-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2011-1) Notes after giving effect to the issuance of the additional Class A(2019B(2011-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2011-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2011-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2011-21) Notes or the effect of such issuance of additional Class A(2019B(2011-21) Notes on any calculations to be made with respect to the Class A(2019B(2011-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2011-21) Notes;; and
(b) no Class A(2019B(2011-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2011-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2011-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Class B(2011 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2007-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2007-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2007-2) Notes;
(ii) the amount of such additional Class A(2019A(2007-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2007-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2007-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2007-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2007-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2007-2) Notes or the effect of such issuance of additional Class A(2019A(2007-2) Notes on any calculations to be made with respect to the Class A(2019A(2007-2) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2007-2) Notes;; and
(b) no Class A(2019A(2007-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2007-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2007-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2014-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2014-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2014-2) Notes;
(ii) the amount of such additional Class A(2019B(2014-2) Notes being offered offered, the purchase price for such additional Class B(2014-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2014-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019B(2014-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class B(2014-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2014-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2014-2) Notes to clarify the rights of Holders of such additional Class A(2019B(2014-2) Notes or the effect of such issuance of additional Class A(2019B(2014-2) Notes on any calculations to be made with respect to the Class A(2019B(2014-2) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2014-2) Notes;; and
(b) no Class A(2019B(2014-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2014-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2014-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2012-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2012-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2012-21) Notes;
(ii) the amount of such additional Class A(2019A(2012-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2012-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2012-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2012-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2012-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2012-21) Notes or the effect of such issuance of additional Class A(2019A(2012-21) Notes on any calculations to be made with respect to the Class A(2019A(2012-21) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2012-21) Notes;
(b) no Class A(2019A(2012-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2012-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2012-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2012-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2012-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2012-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019-2A( - ) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019-2A( - ) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019-2A( - ) Notes;
(ii) the amount of such additional Class A(2019-2A( - ) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019-2A( - ) Notes;
(iii) the date from which interest on such additional Class A(2019-2A( - ) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019-2A( - ) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019-2A( - ) Notes to clarify the rights of Holders of such additional Class A(2019-2A( - ) Notes or the effect of such issuance of additional Class A(2019-2A( - ) Notes on any calculations to be made with respect to the Class A(2019-2A( - ) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019-2A( - ) Notes;
(b) no Class A(2019-2A( - ) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2A( - ) Notes would be treated as part of the same issue as the outstanding Class A(2019-2A( - ) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2A( - ) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2A( - ) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-2A( - ) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2015-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2015-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2015-21) Notes;
(ii) the amount of such additional Class A(2019B(2015-21) Notes being offered offered, the purchase price for such additional Class B(2015-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2015-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2015-1) Notes after giving effect to the issuance of the additional Class A(2019B(2015-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2015-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2015-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2015-21) Notes or the effect of such issuance of additional Class A(2019B(2015-21) Notes on any calculations to be made with respect to the Class A(2019B(2015-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2015-21) Notes;; and
(b) no Class A(2019B(2015-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2015-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2015-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Trust Agreement (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2016-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2016-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2016-23) Notes;
(ii) the amount of such additional Class A(2019A(2016-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2016-23) Notes;
(iii) the date from which interest on such additional Class A(2019A(2016-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2016-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2016-23) Notes to clarify the rights of Holders of such additional Class A(2019A(2016-23) Notes or the effect of such issuance of additional Class A(2019A(2016-23) Notes on any calculations to be made with respect to the Class A(2019A(2016-23) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2016-23) Notes;
(b) no Class A(2019A(2016-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2016-23) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2016-23) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2016-23) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2016-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2016-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2011-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2011-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2011-21) Notes;
(ii) the amount of such additional Class A(2019A(2011-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2011-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2011-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2011-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2011-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2011-21) Notes or the effect of such issuance of additional Class A(2019A(2011-21) Notes on any calculations to be made with respect to the Class A(2019A(2011-21) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2011-21) Notes;
(b) no Class A(2019A(2011-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2011-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2011-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2011-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2011-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2011-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Trust Agreement, Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2013-25) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2013-25) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2013-25) Notes;
(ii) the amount of such additional Class A(2019A(2013-25) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2013-25) Notes;
(iii) the date from which interest on such additional Class A(2019A(2013-25) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2013-25) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2013-25) Notes to clarify the rights of Holders of such additional Class A(2019A(2013-25) Notes or the effect of such issuance of additional Class A(2019A(2013-25) Notes on any calculations to be made with respect to the Class A(2019A(2013-25) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2013-25) Notes;
(b) no Class A(2019A(2013-25) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2013-25) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2013-25) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2013-25) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2013-25) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2013-25) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2015-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2015-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2015-2) Notes;
(ii) the amount of such additional Class A(2019A(2015-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2015-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2015-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2015-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2015-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2015-2) Notes or the effect of such issuance of additional Class A(2019A(2015-2) Notes on any calculations to be made with respect to the Class A(2019A(2015-2) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2015-2) Notes;
(b) no Class A(2019A(2015-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2015-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2015-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2015-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2015-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2015-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Class A(2015 2) Terms Document (Discover Bank), Indenture Supplement (Discover Bank)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2015-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2015-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2015-2) Notes;
(ii) the amount of such additional Class A(2019B(2015-2) Notes being offered offered, the purchase price for such additional Class B(2015-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2015-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019B(2015-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class B(2015-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2015-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2015-2) Notes to clarify the rights of Holders of such additional Class A(2019B(2015-2) Notes or the effect of such issuance of additional Class A(2019B(2015-2) Notes on any calculations to be made with respect to the Class A(2019B(2015-2) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2015-2) Notes;; and
(b) no Class A(2019B(2015-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2015-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2015-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2009-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2009-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2009-21) Notes;
(ii) the amount of such additional Class A(2019B(2009-21) Notes being offered offered, the purchase price for such additional Class B(2009-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2009-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2009-1) Notes after giving effect to the issuance of the additional Class A(2019B(2009-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2009-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2009-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2009-21) Notes or the effect of such issuance of additional Class A(2019B(2009-21) Notes on any calculations to be made with respect to the Class A(2019B(2009-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2009-21) Notes;; and
(b) no Class A(2019B(2009-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2009-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2009-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Bank)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2015-24) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2015-24) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2015-24) Notes;
(ii) the amount of such additional Class A(2019A(2015-24) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2015-24) Notes;
(iii) the date from which interest on such additional Class A(2019A(2015-24) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2015-24) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2015-24) Notes to clarify the rights of Holders of such additional Class A(2019A(2015-24) Notes or the effect of such issuance of additional Class A(2019A(2015-24) Notes on any calculations to be made with respect to the Class A(2019A(2015-24) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2015-24) Notes;
(b) no Class A(2019A(2015-24) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2015-24) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2015-24) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2015-24) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2015-24) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2015-24) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2011-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2011-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2011-2) Notes;
(ii) the amount of such additional Class A(2019B(2011-2) Notes being offered offered, the purchase price for such additional Class B(2011-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2011-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019B(2011-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class B(2011-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2011-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2011-2) Notes to clarify the rights of Holders of such additional Class A(2019B(2011-2) Notes or the effect of such issuance of additional Class A(2019B(2011-2) Notes on any calculations to be made with respect to the Class A(2019B(2011-2) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2011-2) Notes;; and
(b) no Class A(2019B(2011-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2011-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2011-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Class B(2011 2) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2014-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2014-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2014-2) Notes;
(ii) the amount of such additional Class A(2019A(2014-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2014-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2014-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2014-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2014-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2014-2) Notes or the effect of such issuance of additional Class A(2019A(2014-2) Notes on any calculations to be made with respect to the Class A(2019A(2014-2) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2014-2) Notes;
(b) no Class A(2019A(2014-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2014-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2014-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2014-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2014-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2014-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Class A(2014 2) Terms Document (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2018-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2018-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2018-21) Notes;
(ii) the amount of such additional Class A(2019B(2018-21) Notes being offered offered, the purchase price for such additional Class B(2018-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2018-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2018-1) Notes after giving effect to the issuance of the additional Class A(2019B(2018-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2018-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2018-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2018-21) Notes or the effect of such issuance of additional Class A(2019B(2018-21) Notes on any calculations to be made with respect to the Class A(2019B(2018-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2018-21) Notes;; and
(b) no Class A(2019B(2018-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2018-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2018-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2018-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2018-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2018-2) Notes;
(ii) the amount of such additional Class A(2019B(2018-2) Notes being offered offered, the purchase price for such additional Class B(2018-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2018-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019B(2018-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class B(2018-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2018-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2018-2) Notes to clarify the rights of Holders of such additional Class A(2019B(2018-2) Notes or the effect of such issuance of additional Class A(2019B(2018-2) Notes on any calculations to be made with respect to the Class A(2019B(2018-2) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2018-2) Notes;; and
(b) no Class A(2019B(2018-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2018-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2018-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2009-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2009-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2009-2) Notes;
(ii) the amount of such additional Class A(2019B(2009-2) Notes being offered offered, the purchase price for such additional Class B(2009-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2009-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019B(2009-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class B(2009-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2009-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2009-2) Notes to clarify the rights of Holders of such additional Class A(2019B(2009-2) Notes or the effect of such issuance of additional Class A(2019B(2009-2) Notes on any calculations to be made with respect to the Class A(2019B(2009-2) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2009-2) Notes;; and
(b) no Class A(2019B(2009-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2009-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2009-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2012-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2012-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2012-23) Notes;
(ii) the amount of such additional Class A(2019B(2012-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019B(2012-23) Notes;
(iii) the date from which interest on such additional Class A(2019B(2012-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019B(2012-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2012-23) Notes to clarify the rights of Holders of such additional Class A(2019B(2012-23) Notes or the effect of such issuance of additional Class A(2019B(2012-23) Notes on any calculations to be made with respect to the Class A(2019B(2012-23) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2012-23) Notes;
(b) no Class A(2019B(2012-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019B(2012-23) Notes would be treated as part of the same issue as the outstanding Class A(2019B(2012-23) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019B(2012-23) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2012-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2012-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2016-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2016-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2016-2) Notes;
(ii) the amount of such additional Class A(2019A(2016-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2016-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2016-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2016-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2016-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2016-2) Notes or the effect of such issuance of additional Class A(2019A(2016-2) Notes on any calculations to be made with respect to the Class A(2019A(2016-2) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2016-2) Notes;
(b) no Class A(2019A(2016-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2016-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2016-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2016-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2016-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2016-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2012-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2012-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2012-2) Notes;
(ii) the amount of such additional Class A(2019B(2012-2) Notes being offered offered, the purchase price for such additional Class B(2012-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2012-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019B(2012-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class B(2012-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2012-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2012-2) Notes to clarify the rights of Holders of such additional Class A(2019B(2012-2) Notes or the effect of such issuance of additional Class A(2019B(2012-2) Notes on any calculations to be made with respect to the Class A(2019B(2012-2) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2012-2) Notes;; and
(b) no Class A(2019B(2012-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2012-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2012-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Execution Note Trust, Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2014-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2014-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2014-21) Notes;
(ii) the amount of such additional Class A(2019B(2014-21) Notes being offered offered, the purchase price for such additional Class B(2014-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2014-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2014-1) Notes after giving effect to the issuance of the additional Class A(2019B(2014-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2014-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2014-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2014-21) Notes or the effect of such issuance of additional Class A(2019B(2014-21) Notes on any calculations to be made with respect to the Class A(2019B(2014-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2014-21) Notes;; and
(b) no Class A(2019B(2014-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2014-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2014-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2017-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2017-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2017-21) Notes;
(ii) the amount of such additional Class A(2019B(2017-21) Notes being offered offered, the purchase price for such additional Class B(2017-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2017-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2017-1) Notes after giving effect to the issuance of the additional Class A(2019B(2017-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2017-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2017-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2017-21) Notes or the effect of such issuance of additional Class A(2019B(2017-21) Notes on any calculations to be made with respect to the Class A(2019B(2017-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2017-21) Notes;; and
(b) no Class A(2019B(2017-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2017-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2017-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2013-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2013-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2013-2) Notes;
(ii) the amount of such additional Class A(2019A(2013-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2013-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2013-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2013-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2013-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2013-2) Notes or the effect of such issuance of additional Class A(2019A(2013-2) Notes on any calculations to be made with respect to the Class A(2019A(2013-2) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2013-2) Notes;
(b) no Class A(2019A(2013-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2013-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2013-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2013-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2013-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2013-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2011-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2011-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2011-23) Notes;
(ii) the amount of such additional Class A(2019B(2011-23) Notes being offered offered, the purchase price for such additional Class B(2011-3) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2011-23) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2011-3) Notes after giving effect to the issuance of the additional Class A(2019B(2011-23) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2011-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2011-23) Notes to clarify the rights of Holders of such additional Class A(2019B(2011-23) Notes or the effect of such issuance of additional Class A(2019B(2011-23) Notes on any calculations to be made with respect to the Class A(2019B(2011-23) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2011-23) Notes;; and
(b) no Class A(2019B(2011-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2011-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2011-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2009-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2009-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2009-2) Notes;
(ii) the amount of such additional Class A(2019A(2009-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2009-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2009-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2009-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2009-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2009-2) Notes or the effect of such issuance of additional Class A(2019A(2009-2) Notes on any calculations to be made with respect to the Class A(2019A(2009-2) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2009-2) Notes;; and
(b) no Class A(2019A(2009-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2009-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2009-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Bank)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2012-26) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2012-26) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2012-26) Notes;
(ii) the amount of such additional Class A(2019A(2012-26) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2012-26) Notes;
(iii) the date from which interest on such additional Class A(2019A(2012-26) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2012-26) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2012-26) Notes to clarify the rights of Holders of such additional Class A(2019A(2012-26) Notes or the effect of such issuance of additional Class A(2019A(2012-26) Notes on any calculations to be made with respect to the Class A(2019A(2012-26) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2012-26) Notes;
(b) no Class A(2019A(2012-26) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2012-26) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2012-26) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2012-26) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2012-26) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2012-26) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2012-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2012-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2012-21) Notes;
(ii) the amount of such additional Class A(2019B(2012-21) Notes being offered offered, the purchase price for such additional Class B(2012-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2012-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2012-1) Notes after giving effect to the issuance of the additional Class A(2019B(2012-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2012-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2012-21) Notes to clarify the rights of Holders of such additional Class A(2019B(2012-21) Notes or the effect of such issuance of additional Class A(2019B(2012-21) Notes on any calculations to be made with respect to the Class A(2019B(2012-21) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2012-21) Notes;; and
(b) no Class A(2019B(2012-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2012-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2012-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Class B(2012 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2014-25) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2014-25) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2014-25) Notes;
(ii) the amount of such additional Class A(2019A(2014-25) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2014-25) Notes;
(iii) the date from which interest on such additional Class A(2019A(2014-25) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2014-25) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2014-25) Notes to clarify the rights of Holders of such additional Class A(2019A(2014-25) Notes or the effect of such issuance of additional Class A(2019A(2014-25) Notes on any calculations to be made with respect to the Class A(2019A(2014-25) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2014-25) Notes;
(b) no Class A(2019A(2014-25) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2014-25) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2014-25) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2014-25) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2014-25) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2014-25) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2022-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2022-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2022-23) Notes;
(ii) the amount of such additional Class A(2019A(2022-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2022-23) Notes;
(iii) the date from which interest on such additional Class A(2019A(2022-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2022-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2022-23) Notes to clarify the rights of Holders of such additional Class A(2019A(2022-23) Notes or the effect of such issuance of additional Class A(2019A(2022-23) Notes on any calculations to be made with respect to the Class A(2019A(2022-23) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2022-23) Notes;
(b) no Class A(2019A(2022-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2022-23) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2022-23) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019A(2022-23) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2022-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2022-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2020-24) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2020-24) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2020-24) Notes;
(ii) the amount of such additional Class A(2019B(2020-24) Notes being offered offered, the purchase price for such additional Class B(2020-4) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2020-24) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2020-4) Notes after giving effect to the issuance of the additional Class A(2019B(2020-24) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2020-24) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2020-24) Notes to clarify the rights of Holders of such additional Class A(2019B(2020-24) Notes or the effect of such issuance of additional Class A(2019B(2020-24) Notes on any calculations to be made with respect to the Class A(2019B(2020-24) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2020-24) Notes;; and
(b) no Class A(2019B(2020-24) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2020-24) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2020-24) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019-2C( - ) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019-2C( - ) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019-2C( - ) Notes;
(ii) the amount of such additional Class A(2019-2C( - ) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019-2C( - ) Notes;
(iii) the date from which interest on such additional Class A(2019-2C( - ) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019-2C( - ) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019-2C( - ) Notes to clarify the rights of Holders of such additional Class A(2019-2C( - ) Notes or the effect of such issuance of additional Class A(2019-2C( - ) Notes on any calculations to be made with respect to the Class A(2019-2C( - ) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019-2C( - ) Notes;
(b) no Class A(2019-2C( - ) Adverse Event has occurred and is continuing; and
(c) [either (i) the issuance of such additional Class A(2019-2C( - ) Notes would be treated as part of the same issue as the outstanding Class A(2019-2C( - ) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2C( - ) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code]. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2C( - ) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-2C( - ) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Execution Note Trust (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2011-24) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2011-24) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2011-24) Notes;
(ii) the amount of such additional Class A(2019A(2011-24) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2011-24) Notes;
(iii) the date from which interest on such additional Class A(2019A(2011-24) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2011-24) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2011-24) Notes to clarify the rights of Holders of such additional Class A(2019A(2011-24) Notes or the effect of such issuance of additional Class A(2019A(2011-24) Notes on any calculations to be made with respect to the Class A(2019A(2011-24) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2011-24) Notes;
(b) no Class A(2019A(2011-24) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2011-24) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2011-24) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2011-24) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2011-24) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2011-24) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 2 contracts
Samples: Class A(2011 4) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2011-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2011-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2011-21) Notes;
(ii) the amount of such additional Class A(2019C(2011-21) Notes being offered offered, the purchase price for such additional Class C(2011-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2011-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2011-1) Notes after giving effect to the issuance of the additional Class A(2019C(2011-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019-2C(2011-
1) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2011-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2011-21) Notes or the effect of such issuance of additional Class A(2019C(2011-21) Notes on any calculations to be made with respect to the Class A(2019C(2011-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2011-21) Notes;; and
(b) no Class A(2019C(2011-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2011-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2011-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2014-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2014-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2014-2) Notes;
(ii) the amount of such additional Class A(2019C(2014-2) Notes being offered offered, the purchase price for such additional Class C(2014-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2014-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019C(2014-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class C(2014-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019C(2014-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2014-2) Notes to clarify the rights of Holders of such additional Class A(2019C(2014-2) Notes or the effect of such issuance of additional Class A(2019C(2014-2) Notes on any calculations to be made with respect to the Class A(2019C(2014-2) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2014-2) Notes;; and
(b) no Class A(2019C(2014-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2014-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2014-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2013-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2013-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2013-21) Notes;
(ii) the amount of such additional Class A(2019A(2013-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2013-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2013-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2013-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2013-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2013-21) Notes or the effect of such issuance of additional Class A(2019A(2013-21) Notes on any calculations to be made with respect to the Class A(2019A(2013-21) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2013-21) Notes;
(b) no Class A(2019A(2013-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2013-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2013-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2013-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2013-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2013-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2008-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2008-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2008-21) Notes;
(ii) the amount of such additional Class A(2019C(2008-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019C(2008-21) Notes;
(iii) the date from which interest on such additional Class A(2019C(2008-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019C(2008-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2008-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2008-21) Notes or the effect of such issuance of additional Class A(2019C(2008-21) Notes on any calculations to be made with respect to the Class A(2019C(2008-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2008-21) Notes;; and
(b) no Class A(2019C(2008-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2008-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2008-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2014-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2014-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2014-21) Notes;
(ii) the amount of such additional Class A(2019A(2014-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2014-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2014-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2014-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2014-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2014-21) Notes or the effect of such issuance of additional Class A(2019A(2014-21) Notes on any calculations to be made with respect to the Class A(2019A(2014-21) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2014-21) Notes;
(b) no Class A(2019A(2014-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2014-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2014-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2014-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2014-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2014-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019-2B ( - ) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019-2B( - ) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019-2B ( - ) Notes;
(ii) the amount of such additional Class A(2019-2B ( - ) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019-2B( - ) Notes;
(iii) the date from which interest on such additional Class A(2019-2B ( - ) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019-2B ( - ) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019-2B ( - ) Notes to clarify the rights of Holders of such additional Class A(2019-2B( - ) Notes or the effect of such issuance of additional Class A(2019-2B ( - ) Notes on any calculations to be made with respect to the Class A(2019-2B ( - ) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019-2B ( - ) Notes;
(b) no Class A(2019-2B ( - ) Adverse Event has occurred and is continuing; and
(c) [either (i) the issuance of such additional Class A(2019-2B ( — ) Notes would be treated as part of the same issue as the outstanding Class A(2019-2B ( - ) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2B ( - ) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code]. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2B ( - ) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-2B ( - ) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Card Master Trust I)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2019-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2019-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2019-21) Notes;
(ii) the amount of such additional Class A(2019C(2019-21) Notes being offered offered, the purchase price for such additional Class C(2019-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2019-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2019-1) Notes after giving effect to the issuance of the additional Class A(2019C(2019-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019C(2019-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2019-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2019-21) Notes or the effect of such issuance of additional Class A(2019C(2019-21) Notes on any calculations to be made with respect to the Class A(2019C(2019-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2019-21) Notes;; and
(b) no Class A(2019C(2019-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2019-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2019-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2015-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2015-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2015-21) Notes;
(ii) the amount of such additional Class A(2019C(2015-21) Notes being offered offered, the purchase price for such additional Class C(2015-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2015-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2015-1) Notes after giving effect to the issuance of the additional Class A(2019C(2015-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019C(2015-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2015-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2015-21) Notes or the effect of such issuance of additional Class A(2019C(2015-21) Notes on any calculations to be made with respect to the Class A(2019C(2015-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2015-21) Notes;; and
(b) no Class A(2019C(2015-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2015-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2015-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2007-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2007-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2007-21) Notes;
(ii) the amount of such additional Class A(2019A(2007-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2007-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2007-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2007-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2007-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2007-21) Notes or the effect of such issuance of additional Class A(2019A(2007-21) Notes on any calculations to be made with respect to the Class A(2019A(2007-21) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2007-21) Notes;; and
(b) no Class A(2019A(2007-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2007-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2007-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Bank)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2008-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2008-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2008-21) Notes;
(ii) the amount of such additional Class A(2019C(2008-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019C(2008-21) Notes;
(iii) the date from which interest on such additional Class A(2019C(2008-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019C(2008-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2008-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2008-21) Notes or the effect of such issuance of additional Class A(2019C(2008-21) Notes on any calculations to be made with respect to the Class A(2019C(2008-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2008-21) Notes;; and
(b) no Class A(2019C(2008-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2007-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2007-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2007-21) Notes;
(ii) the amount of such additional Class A(2019C(2007-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019C(2007-21) Notes;
(iii) the date from which interest on such additional Class A(2019C(2007-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019C(2007-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2007-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2007-21) Notes or the effect of such issuance of additional Class A(2019C(2007-21) Notes on any calculations to be made with respect to the Class A(2019C(2007-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2007-21) Notes;; and
(b) no Class A(2019C(2007-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2007-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2007-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Bank)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2008-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2008-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2008-23) Notes;
(ii) the amount of such additional Class A(2019B(2008-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019B(2008-23) Notes;
(iii) the date from which interest on such additional Class A(2019B(2008-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019B(2008-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2008-23) Notes to clarify the rights of Holders of such additional Class A(2019B(2008-23) Notes or the effect of such issuance of additional Class A(2019B(2008-23) Notes on any calculations to be made with respect to the Class A(2019B(2008-23) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2008-23) Notes;; and
(b) no Class A(2019B(2008-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019B(2008-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019B(2008-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019-2B(___-___) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019-2B(___-___) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019-2B(___-___) Notes;
(ii) the amount of such additional Class A(2019-2B(___-___) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019-2B(___-___) Notes;
(iii) the date from which interest on such additional Class A(2019-2B(___-___) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019-2B(___-___) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019-2B(___-___) Notes to clarify the rights of Holders of such additional Class A(2019-2B(___-___) Notes or the effect of such issuance of additional Class A(2019-2B(___-___) Notes on any calculations to be made with respect to the Class A(2019-2B(___-___) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019-2B(___-___) Notes;; and
(b) no Class A(2019-2B(___-___) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2B(___-___) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-2B(___-___) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Bank)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019B(2014-23) Notes, so long as the following conditions precedent are satisfied:
(asatisfied:(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019B(2014-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019B(2014-23) Notes;
(ii) the amount of such additional Class A(2019B(2014-23) Notes being offered offered, the purchase price for such additional Class B(2014-3) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019B(2014-23) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class B(2014-3) Notes after giving effect to the issuance of the additional Class A(2019B(2014-23) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019B(2014-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019B(2014-23) Notes to clarify the rights of Holders of such additional Class A(2019B(2014-23) Notes or the effect of such issuance of additional Class A(2019B(2014-23) Notes on any calculations to be made with respect to the Class A(2019B(2014-23) Notes, the Class A Notes B, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019B(2014-2) Notes;
(b) no Class A(2019-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.and
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2016-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2016-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2016-21) Notes;
(ii) the amount of such additional Class A(2019C(2016-21) Notes being offered offered, the purchase price for such additional Class C(2016-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2016-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2016-1) Notes after giving effect to the issuance of the additional Class A(2019C(2016-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019C(2016-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2016-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2016-21) Notes or the effect of such issuance of additional Class A(2019C(2016-21) Notes on any calculations to be made with respect to the Class A(2019C(2016-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2016-21) Notes;; and
(b) no Class A(2019C(2016-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2016-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2016-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2012-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2012-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2012-21) Notes;
(ii) the amount of such additional Class A(2019C(2012-21) Notes being offered offered, the purchase price for such additional Class C(2012-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2012-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2012-1) Notes after giving effect to the issuance of the additional Class A(2019C(2012-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019-2C(2012-
1) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2012-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2012-21) Notes or the effect of such issuance of additional Class A(2019C(2012-21) Notes on any calculations to be made with respect to the Class A(2019C(2012-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2012-21) Notes;; and
(b) no Class A(2019C(2012-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2012-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2012-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2012-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2012-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2012-23) Notes;
(ii) the amount of such additional Class A(2019C(2012-23) Notes being offered offered, the purchase price for such additional Class C(2012-3) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2012-23) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2012-3) Notes after giving effect to the issuance of the additional Class A(2019C(2012-23) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019C(2012-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2012-23) Notes to clarify the rights of Holders of such additional Class A(2019C(2012-23) Notes or the effect of such issuance of additional Class A(2019C(2012-23) Notes on any calculations to be made with respect to the Class A(2019C(2012-23) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2012-23) Notes;; and
(b) no Class A(2019C(2012-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2012-23) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2012-23) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2014-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2014-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2014-21) Notes;
(ii) the amount of such additional Class A(2019A(2014-21) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2014-21) Notes;
(iii) the date from which interest on such additional Class A(2019A(2014-21) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2014-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2014-21) Notes to clarify the rights of Holders of such additional Class A(2019A(2014-21) Notes or the effect of such issuance of additional Class A(2019A(2014-21) Notes on any calculations to be made with respect to the Class A(2019A(2014-21) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2014-21) Notes;
(b) no Class A(2019A(2014-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2014-21) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2014-21) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2014-21) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2014-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2014-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.;
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2019-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2019-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2019-21) Notes;
(ii) the amount of such additional Class A(2019C(2019-21) Notes being offered offered, the purchase price for such additional Class C(2019-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2019-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2019-1) Notes after giving effect to the issuance of the additional Class A(2019C(2019-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019-2C(2019-
1) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2019-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2019-21) Notes or the effect of such issuance of additional Class A(2019C(2019-21) Notes on any calculations to be made with respect to the Class A(2019C(2019-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2019-21) Notes;; and
(b) no Class A(2019C(2019-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2019-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2019-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2008-23) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2008-23) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2008-23) Notes;
(ii) the amount of such additional Class A(2019A(2008-23) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2008-23) Notes;
(iii) the date from which interest on such additional Class A(2019A(2008-23) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2008-23) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2008-23) Notes to clarify the rights of Holders of such additional Class A(2019A(2008-23) Notes or the effect of such issuance of additional Class A(2019A(2008-23) Notes on any calculations to be made with respect to the Class A(2019A(2008-23) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2008-23) Notes;; and
(b) no Class A(2019A(2008-23) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2008-24) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2008-24) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2008-24) Notes;
(ii) the amount of such additional Class A(2019A(2008-24) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2008-24) Notes;
(iii) the date from which interest on such additional Class A(2019A(2008-24) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2008-24) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2008-24) Notes to clarify the rights of Holders of such additional Class A(2019A(2008-24) Notes or the effect of such issuance of additional Class A(2019A(2008-24) Notes on any calculations to be made with respect to the Class A(2019A(2008-24) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2008-24) Notes;; and
(b) no Class A(2019A(2008-24) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2008-24) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2008-24) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2009-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2009-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2009-21) Notes;
(ii) the amount of such additional Class A(2019C(2009-21) Notes being offered offered, the purchase price for such additional Class C(2009-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2009-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2009-1) Notes after giving effect to the issuance of the additional Class A(2019C(2009-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019C(2009-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2009-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2009-21) Notes or the effect of such issuance of additional Class A(2019C(2009-21) Notes on any calculations to be made with respect to the Class A(2019C(2009-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2009-21) Notes;; and
(b) no Class A(2019C(2009-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2009-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2009-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Bank)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2020-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2020-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2020-21) Notes;
(ii) the amount of such additional Class A(2019C(2020-21) Notes being offered offered, the purchase price for such additional Class C(2020-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2020-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2020-1) Notes after giving effect to the issuance of the additional Class A(2019C(2020-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019-2C(2020-
1) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2020-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2020-21) Notes or the effect of such issuance of additional Class A(2019C(2020-21) Notes on any calculations to be made with respect to the Class A(2019C(2020-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2020-21) Notes;; and
(b) no Class A(2019C(2020-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2020-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2020-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2012-25) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2012-25) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2012-25) Notes;
(ii) the amount of such additional Class A(2019A(2012-25) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2012-25) Notes;
(iii) the date from which interest on such additional Class A(2019A(2012-25) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2012-25) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2012-25) Notes to clarify the rights of Holders of such additional Class A(2019A(2012-25) Notes or the effect of such issuance of additional Class A(2019A(2012-25) Notes on any calculations to be made with respect to the Class A(2019A(2012-25) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2012-25) Notes;
(b) no Class A(2019A(2012-25) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2012-25) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2012-25) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2012-25) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2012-25) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2012-25) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2018-21) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2018-21) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2018-21) Notes;
(ii) the amount of such additional Class A(2019C(2018-21) Notes being offered offered, the purchase price for such additional Class C(2018-1) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2018-21) Notes;
(iii) the date from which interest on such Outstanding Dollar Principal Amount of the Class C(2018-1) Notes after giving effect to the issuance of the additional Class A(2019C(2018-21) Notes will accrue (which may be a date and all prior to the date accretions of issuance thereof)principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019C(2018-21) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2018-21) Notes to clarify the rights of Holders of such additional Class A(2019C(2018-21) Notes or the effect of such issuance of additional Class A(2019C(2018-21) Notes on any calculations to be made with respect to the Class A(2019C(2018-21) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2018-21) Notes;; and
(b) no Class A(2019C(2018-21) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2018-21) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2018-21) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2012-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2012-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2012-2) Notes;
(ii) the amount of such additional Class A(2019A(2012-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2012-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2012-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2012-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2012-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2012-2) Notes or the effect of such issuance of additional Class A(2019A(2012-2) Notes on any calculations to be made with respect to the Class A(2019A(2012-2) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2012-2) Notes;
(b) no Class A(2019A(2012-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2012-2) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2012-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2012-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2012-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2012-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.;
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019C(2012-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019C(2012-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019C(2012-2) Notes;
(ii) the amount of such additional Class A(2019C(2012-2) Notes being offered offered, the purchase price for such additional Class C(2012-2) Notes and the resulting Initial Dollar Principal Amount and Amount, Stated Principal Amount and Nominal Liquidation Amount of Class A(2019C(2012-2) Notes;
(iii) the date from which interest on such additional Outstanding Dollar Principal Amount of the Class A(2019C(2012-2) Notes will accrue (which may be a date prior after giving effect to the date issuance of issuance thereof)the additional Class C(2012-2) Notes and all prior accretions of principal as determined in accordance with Section 2.12;
(iv) the first Interest Payment Date on which interest will be paid on Discount Amount after giving effect to such additional Class A(2019C(2012-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019C(2012-2) Notes to clarify the rights of Holders of such additional Class A(2019C(2012-2) Notes or the effect of such issuance of additional Class A(2019C(2012-2) Notes on any calculations to be made with respect to the Class A(2019C(2012-2) Notes, the Class A Notes C, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019C(2012-2) Notes;; and
(b) no Class A(2019C(2012-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019C(2012-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019C(2012-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement (Discover Card Execution Note Trust)
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2008-2) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2008-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2008-2) Notes;
(ii) the amount of such additional Class A(2019A(2008-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2008-2) Notes;
(iii) the date from which interest on such additional Class A(2019A(2008-2) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2008-2) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2008-2) Notes to clarify the rights of Holders of such additional Class A(2019A(2008-2) Notes or the effect of such issuance of additional Class A(2019A(2008-2) Notes on any calculations to be made with respect to the Class A(2019A(2008-2) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2008-2) Notes;; and
(b) no Class A(2019A(2008-2) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Appears in 1 contract
Samples: Indenture Supplement
Additional Issuances of Notes. Subject to clauses (ii), (iii), (iv) and (v) of Section Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019A(2012-25) Notes, so long as the following conditions precedent are satisfied:
(a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019A(2012-25) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include:
(i) the Issuance Date of such additional Class A(2019A(2012-25) Notes;
(ii) the amount of such additional Class A(2019A(2012-25) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019A(2012-25) Notes;
(iii) the date from which interest on such additional Class A(2019A(2012-25) Notes will accrue (which may be a date prior to the date of issuance thereof);
(iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019A(2012-25) Notes; and
(v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019A(2012-25) Notes to clarify the rights of Holders of such additional Class A(2019A(2012-25) Notes or the effect of such issuance of additional Class A(2019A(2012-25) Notes on any calculations to be made with respect to the Class A(2019A(2012-25) Notes, the Class A Notes A, or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019A(2012-25) Notes;
(b) no Class A(2019A(2012-25) Adverse Event has occurred and is continuing; and
(c) either (i) the issuance of such additional Class A(2019A(2012-25) Notes would be treated as part of the same issue as the outstanding Class A(2019A(2012-25) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) ), or (ii) such additional Class A(2019A(2012-25) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019A(2012-25) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019A(2012-25) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.;
Appears in 1 contract
Samples: Indenture Supplement