Additional Notes. The Company will be entitled, without the consent of any Holders of the Notes, upon delivery of an Officer’s Certificate, Opinion of Counsel and Authentication Order, subject to its compliance with Section 6.1, to issue Additional Notes under the Indenture that will have identical terms to the Initial Notes issued on the date of the Indenture other than with respect to the date of issuance, issue price and, if applicable, the date from which interest on such Additional Notes will begin to accrue and the initial interest payment date; provided, however, that if such Additional Notes will not be fungible with the Initial Notes for U.S. federal income tax or securities law purposes, such Additional Notes will have a separate CUSIP number. Such Additional Notes will rank equally and ratable in right of payment and will be treated as a single series for all purposes under the Indenture. With respect to any Additional Notes, the Company will set forth in a resolution of the board of directors of the Parent acting on behalf of the Company and an Officer’s Certificate, a copy of each of which will be delivered to the Trustee, the following information: (a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to the Indenture; and (b) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 16 contracts
Samples: Thirteenth Supplemental Indenture (Extra Space Storage Inc.), Twelfth Supplemental Indenture (Extra Space Storage Inc.), Eleventh Supplemental Indenture (Extra Space Storage Inc.)
Additional Notes. The Company will be entitled, without the consent of any Holders of the Notes, upon delivery of an Officer’s Officers’ Certificate, Opinion of Counsel and Authentication OrderOrder to the Trustee, and subject to its compliance with Section 6.1, to issue Additional Notes under the Indenture that will have identical terms to the Initial Notes issued on the date of the Indenture other than with respect to the date of issuance, issue price price, the date from which interest thereon shall begin to accrue and, if applicable, the date from which interest on such Additional Notes will begin to accrue and the initial interest payment dateInterest Payment Date; provided, however, that if such Additional Notes will not be fungible with the Initial Notes for U.S. federal income tax or securities law purposes, such Additional Notes will have a separate CUSIP number. Such Additional Notes will rank equally and ratable ratably in right of payment and will be treated as a single series for all purposes under the Indenture. With respect to any Additional Notes, the Company will set forth in a resolution Board Resolution of the board of directors sole member of the Parent General Partner acting on behalf of the Company and an Officer’s Officers’ Certificate, a copy of each of which will be delivered to the Trustee, the following information:
(a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to the Indenture; and
(b) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 7 contracts
Samples: Seventh Supplemental Indenture (Invitation Homes Inc.), Fifth Supplemental Indenture (Invitation Homes Inc.), Supplemental Indenture (Invitation Homes Inc.)
Additional Notes. The Company will shall be entitled, without the consent of any Holders of the Notes, upon delivery of an Officer’s Certificate, Opinion of Counsel and Authentication Order, subject to its compliance with Section 6.14.07 hereof, to issue Additional Notes under the this Indenture that will in an unlimited aggregate principal amount which shall have identical terms to as the Initial Notes issued on the date of the Indenture Notes, other than with respect to the issue date, the issue price, the first interest payment date of issuance, issue price and, if applicable, and the date from which interest on such will accrue, and will constitute part of the same series; provided that if any Additional Notes will begin to accrue and the initial interest payment date; provided, however, that if such Additional Notes will are not be fungible with the Initial Notes for U.S. federal income tax or securities law purposes, such Additional Notes will be issued as a separate series under this Indenture and will have a separate CUSIP numbernumber and ISIN from the Initial Notes. Such The Initial Notes and any Additional Notes will rank equally and ratable in right of payment and will shall be treated as a single series class for all purposes under the this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase. With respect to any Additional Notes, the Company will shall set forth in a resolution of the board its Board of directors of the Parent acting on behalf of the Company Directors and an Officer’s Officers’ Certificate, a copy of each of which will shall be delivered to the Trustee, the following information:
(a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to the this Indenture; and
(b) the issue price, the issue date and the CUSIP number CUSIP, ISIN and/or Common Code number(s) of such Additional Notes.
Appears in 2 contracts
Samples: Eleventh Supplemental Indenture (Central Garden & Pet Co), Seventh Supplemental Indenture (Central Garden & Pet Co)
Additional Notes. The Company will be entitled, without the consent of any Holders of the Notes, upon delivery of an Officer’s Certificate, Opinion of Counsel and Authentication OrderOrder to the Trustee, and, subject to its compliance with Section 6.1, to issue Additional Notes under the Indenture that will have identical terms to the Initial Notes issued on the date of the Indenture other than with respect to the date of issuance, issue price price, interest accrued prior to the date of issuance of the Additional Notes, and, if applicable, the date from which interest on such Additional Notes will begin to accrue and the initial interest payment dateInterest Payment Date; provided, however, that if such Additional Notes will not be fungible with the Initial Notes for U.S. federal income tax or securities law purposes, such Additional Notes will have a separate CUSIP number. Such Additional Notes will rank equally and ratable ratably in right of payment and will be treated as a single series for all purposes under the Indenture. With respect to any Additional Notes, the Company will set forth in a resolution Board Resolution of the board of directors sole member of the Parent acting on behalf of the Company General Partner and an Officer’s Certificate, a copy of each of which will be delivered to the Trustee, the following information:
(a) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to the Indenture; and
(b) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 1 contract
Samples: First Supplemental Indenture (Essential Properties Realty Trust, Inc.)