Common use of Additional Notes; Purchases Clause in Contracts

Additional Notes; Purchases. The Company may, without the consent of the Noteholders 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 Company shall deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, such Officers’ Certificate and Opinion of Counsel to cover such matters as the Trustee shall reasonably request. The 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 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)

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Additional Notes; Purchases. The Company may, without the consent of the Noteholders 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 Company shall deliver to the Trustee a Company Order, an Officers’ Officer’s Certificate and an Opinion of Counsel, such Officers’ Officer’s Certificate and Opinion of Counsel to cover such matters as the Trustee shall reasonably request. The 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 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 Company Issuer may, without the consent of the Noteholders and notwithstanding Section 2.01Noteholders, 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 Company Issuer shall deliver to the Trustee a Company an Authentication Order, an Officers’ Officer’s Certificate and an Opinion of Counsel, such Officers’ Officer’s Certificate and Opinion of Counsel to cover such matters as the Trustee shall reasonably request. The Company 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 Company 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.)

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Additional Notes; Purchases. The Company may, without the consent of the Noteholders 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 Company shall deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, such Officers’ Certificate and Opinion of Counsel to cover such matters as the Trustee shall reasonably request. The 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 Company shall be deemed to be no longer outstanding under this Indenture.

Appears in 1 contract

Samples: Indenture (H-L Distribution Service, LLC)

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