Additional Notes; Purchases. The Issuer may, without the consent of the Noteholders, issue additional Notes hereunder with the same terms, and if permissible as a “qualified reopening” for U.S. federal income tax purposes, with the same CUSIP number as the Notes initially issued hereunder in an unlimited aggregate principal amount, which will form the same series with the Notes initially issued hereunder. Prior to the issuance of any such additional Notes, the Issuer shall deliver to the Trustee an Authentication Order, an Officer’s Certificate and an Opinion of Counsel, such Officer’s Certificate and Opinion of Counsel to cover such matters as the Trustee shall reasonably request. The Issuer may also from time to time purchase the Notes in open market purchases or negotiated transactions without prior notice to Noteholders. Any Notes purchased by the Issuer shall be deemed to be no longer outstanding under this Indenture.
Appears in 2 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)
Additional Notes; Purchases. The Issuer Company may, without the consent of the NoteholdersNoteholders and notwithstanding Section 2.01, issue additional Notes hereunder with the same terms, and if permissible as a “qualified reopening” for U.S. federal income tax purposes, with the same CUSIP number as the Notes initially issued hereunder in an unlimited aggregate principal amount, which will form the same series with the Notes initially issued hereunder. Prior to the issuance of any such additional Notes, the Issuer Company shall deliver to the Trustee an Authentication a Company Order, an Officer’s Certificate and an Opinion of Counsel, such Officer’s Certificate and Opinion of Counsel to cover such matters as the Trustee shall reasonably request. The Issuer Company may also from time to time purchase the Notes in open market purchases or negotiated transactions without prior notice to Noteholders. Any Notes purchased by the Issuer Company shall be deemed to be no longer outstanding under this Indenture.
Appears in 2 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)
Additional Notes; Purchases. The Issuer Company may, without the consent of the NoteholdersNoteholders and notwithstanding Section 2.01, issue additional Notes hereunder with the same terms, and if permissible as a “qualified reopening” for U.S. federal income tax purposes, with the same CUSIP number as the Notes initially issued hereunder in an unlimited aggregate principal amount, which will form the same series with the Notes initially issued hereunder. Prior to the issuance of any such additional Notes, the Issuer Company shall deliver to the Trustee an Authentication a Company Order, an Officer’s Officers’ Certificate and an Opinion of Counsel, such Officer’s Officers’ Certificate and Opinion of Counsel to cover such matters as the Trustee shall reasonably request. The Issuer Company may also from time to time purchase the Notes in open market purchases or negotiated transactions without prior notice to Noteholders. Any Notes purchased by the Issuer Company shall be deemed to be no longer outstanding under this Indenture.
Appears in 2 contracts
Samples: Indenture (H-L Distribution Service, LLC), Indenture (Claiborne Liz Inc)
Additional Notes; Purchases. The Issuer Company may, without the consent of the NoteholdersNoteholders and notwithstanding Section 2.01, issue additional Series A Notes hereunder with the same terms, and if permissible as a “qualified reopening” for U.S. federal income tax purposes, with the same CUSIP number as the Series A Notes initially issued hereunder in an unlimited aggregate principal amount, which will form the same series with the Series A Notes initially issued hereunder. Prior to the issuance of any such additional Series A Notes, the Issuer Company shall deliver to the Trustee an Authentication a Company Order, an Officer’s Officers’ Certificate and an Opinion of Counsel, such Officer’s Officers’ Certificate and Opinion of Counsel to cover such matters as the Trustee shall reasonably request. The Issuer Company may also from time to time purchase the Notes in open market purchases or negotiated transactions without prior notice to Noteholders. Any Notes purchased by the Issuer Company shall be deemed to be no longer outstanding under this Indenture.
Appears in 1 contract