Additional Notes; Repurchases. The Company may, without the consent of the Noteholders and notwithstanding Section 2.01, issue additional Notes hereunder with the same terms and 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, provided that no such additional Notes may be issued unless fungible with the Notes initially issued hereunder for United States federal income tax purposes. The Company may also from time to time repurchase the Notes in open market purchases by tender at any price or by private agreement without prior notice to Noteholders.
Appears in 8 contracts
Samples: Second Supplemental Indenture (Prologis, L.P.), First Supplemental Indenture (Prologis, L.P.), Third Supplemental Indenture (Prologis, L.P.)
Additional Notes; Repurchases. The Company may, without the consent of the Noteholders and notwithstanding Section 2.01, reopen the Notes and issue additional Notes hereunder with the same terms and 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, provided that no such additional Notes may be issued unless fungible with the Notes initially issued hereunder for United States U.S. federal income tax purposes. The Company may also from time to time repurchase the Notes in open market purchases by tender at any price or by private agreement negotiated transactions without prior notice to Noteholders.
Appears in 7 contracts
Samples: Third Supplemental Indenture (Archstone Smith Operating Trust), Indenture (Encore Capital Group Inc), Supplemental Indenture (Boston Properties LTD Partnership)
Additional Notes; Repurchases. The Company may, without the consent of the Noteholders and notwithstanding Section 2.01, issue additional Notes hereunder with the same terms and 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, provided that no such additional Notes may be issued unless fungible with the Notes initially issued hereunder for United States U.S. federal income tax purposes. The Company may also from time to time repurchase the Notes in open market purchases by tender at any price or by private agreement without prior notice to Noteholders.
Appears in 7 contracts
Samples: Tenth Supplemental Indenture (Prologis), Sixth Supplemental Indenture (Prologis), Fifth Supplemental Indenture (Prologis)
Additional Notes; Repurchases. The Company may, without the consent of the Noteholders and notwithstanding Section 2.01, reopen this Indenture and issue additional Notes hereunder with the same terms and with the same CUSIP number as the Notes initially issued hereunder (other than with respect to the accrual of interest from the date of original issuance) in an unlimited aggregate principal amount, which will form the same series with the Notes initially issued hereunder; provided that, provided that no if any such additional Notes may be issued unless are not fungible with the Notes initially issued hereunder for United States U.S. federal income tax purposes, such additional notes will have a separate CUSIP number. The Company may also from time to time repurchase the Notes in tender offers, open market purchases by tender at any price or by private agreement negotiated transactions without prior notice to Noteholders.
Appears in 1 contract
