Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07), without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of other Notes, except that Additional Notes: (i) may have a different issue date and/or CUSIP number from other Notes; (ii) may have a different amount of interest payable on the first interest payment date after issuance than is payable on other Notes; (iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Notes (other than such Additional Notes); and (iv) may be entitled to liquidated damages not applicable to other outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Notes.
Appears in 5 contracts
Samples: Indenture (Gray Television Inc), Indenture (Plantronics Inc /Ca/), Indenture (E.W. SCRIPPS Co)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section Sections 4.07), without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of other Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Notes;
(ii) may have a different amount of interest payable on the first interest payment date after issuance than is payable on other Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages not applicable to other outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Notes.
Appears in 3 contracts
Samples: Indenture (Gray Television Inc), Indenture (Gray Television Inc), Indenture (Gray Television Inc)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07Sections 4.07 and 4.09), without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of other Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Notes;
(ii) may have a different amount of interest payable on the first interest payment date after issuance than is payable on other Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages as provided in Section 2.15 not applicable to other outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Notes.
Appears in 2 contracts
Samples: Indenture (Gray Television Inc), Indenture (Gray Television Inc)
Additional Notes. The Company Issuers may, from time to time, subject to compliance with any other applicable the provisions of this Indenture (including, without limitation, Section 4.07)3.8, without the consent of the Holders, create and issue pursuant to this Indenture additional notes (“Additional Notes”), issued in one or more transactions, which have identical terms (other than issue date) as the Notes having terms and conditions set forth in Exhibit A substantially identical to those of other Notesissued on the Issue Date, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Outstanding Notes;
(ii) may have a different amount of interest payable on the first interest payment date Interest Payment Date after issuance than is payable on other Outstanding Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages additional interest as provided in a Registration Rights Agreement not applicable to other outstanding Outstanding Notes and may not be entitled to such liquidated damages additional interest applicable to other outstanding Outstanding Notes.
Appears in 2 contracts
Samples: Indenture (Elan Corp PLC), Indenture (Elan Corp PLC)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07)Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional notes ("Additional Notes Notes") having terms and conditions set forth in Exhibit A substantially identical to those of the other Outstanding Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Outstanding Notes;
(ii) may have a different amount of interest payable on the first interest payment date Interest Payment Date after issuance than is payable on other Outstanding Notes;; and
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Outstanding Notes (other than such Additional Notes); and
(iv) may be entitled provided, that no adjustment pursuant to liquidated damages not applicable this Section 2.13 shall cause such Additional Notes to other outstanding Notes and may not be entitled constitute, as determined pursuant to such liquidated damages applicable to other outstanding an Opinion of Counsel, a different class of securities than the Issue Date Notes.
Appears in 2 contracts
Samples: Indenture (Constar International Inc), Indenture (Constar Inc)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07)Indenture, without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of the other Outstanding Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Outstanding Notes;
(ii) may have a different amount of interest payable on the first interest payment date Interest Payment Date after issuance than is payable on other Outstanding Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages not applicable to other outstanding Outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Outstanding Notes. provided, that no adjustment pursuant to this Section 2.13 shall cause such Additional Notes to constitute, a different class of securities than the Issue Date Notes for U.S. federal income tax purposes except for Additional Notes that have a separate CUSIP number from other Outstanding Notes.
Appears in 2 contracts
Samples: Indenture (Homex Development Corp.), Indenture (Homex Development Corp.)
Additional Notes. The Company Issuer may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07)Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional notes (“Additional Notes Notes”) having terms and conditions set forth in Exhibit A substantially identical to those of the other Outstanding Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Outstanding Notes;
(ii) may have a different amount of interest payable on the first interest payment date Interest Payment Date after issuance than is payable on other Outstanding Notes;; and
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages not applicable to other outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Notes.
Appears in 2 contracts
Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07)Indenture, without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of other the Initial Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other the Initial Notes;
(ii) may have accrue interest from the date of issue of such Additional Notes, which may result in a different amount of interest payable on the first interest payment date after issuance than is payable on other the Initial Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Notes (other than such Additional Initial Notes); and
(iv) may be entitled to liquidated damages additional interest as contemplated in Section 2.16 not applicable to other outstanding Initial Notes and may not be entitled to such liquidated damages additional interest applicable to other outstanding Initial Notes.
Appears in 1 contract
Samples: Indenture (Allergan Inc)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07Sections 4.07 and 4.09), without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of other Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Notes;
(ii) may have a different amount of interest payable on the first interest payment date after issuance than is payable on other Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages not applicable to other outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Notes.
Appears in 1 contract
Samples: Indenture (E.W. SCRIPPS Co)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, the covenant under Section 4.07), without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of other Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Notes;
(ii) may have a different amount of interest payable on the first interest payment date after issuance than is payable on other Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages as provided in Section 2.15 not applicable to other outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Notes.
Appears in 1 contract
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07), without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of other Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Notes;
(ii) may have a different amount of interest payable on the first interest payment date after issuance than is payable on other Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages not applicable to other outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Notes. Any Additional Notes issued after this offering will be secured by the Collateral, equally and ratably with the Notes.
Appears in 1 contract
Samples: Indenture (Gray Television Inc)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07)Indenture, without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of the other Outstanding Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Outstanding Notes;
(ii) may have a different amount of interest payable on the first interest payment date Interest Payment Date after issuance than is payable on other Outstanding Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages as provided in Section 2.14 not applicable to other outstanding Outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Outstanding Notes. provided, that no adjustment pursuant to this Section 2.13 shall cause such Additional Notes to constitute, a different class of securities than the Issue Date Notes for U.S. federal income tax purposes except for Additional Notes that have a separate CUSIP number from other Outstanding Notes.
Appears in 1 contract
Samples: Indenture (Homex Development Corp.)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07), without the consent of the Holders, create and issue pursuant to this Indenture Additional Notes having terms and conditions set forth in Exhibit A substantially identical to those of other Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Notes;
(ii) may have a different amount of interest payable on the first interest payment date after issuance than is payable on other Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages not applicable to other outstanding Notes and may not be entitled to such liquidated damages applicable to other outstanding Notes.. ARTICLE III
Appears in 1 contract
Samples: Indenture (E.W. SCRIPPS Co)
Additional Notes. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture (including, without limitation, Section 4.07)Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional Notes ("Additional Notes Notes") having terms and conditions set forth in Exhibit A substantially identical to those of the other Outstanding Notes, except that Additional Notes:
(i) may have a different issue date and/or CUSIP number from other Outstanding Notes;
(ii) may have a different amount of interest payable on the first interest payment date Interest Payment Date after issuance than is payable on other Outstanding Notes;
(iii) may have terms specified in the Additional Note Board Resolution or Additional Note Supplemental Indenture for such Additional Notes making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Notes in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any registration rights or similar agreement applicable to such Additional Notes, which are not adverse in any material respect to the Holder of any outstanding Outstanding Notes (other than such Additional Notes); and
(iv) may be entitled to liquidated damages additional interest as provided in Section 2.14 not applicable to other outstanding Outstanding Notes and may not be entitled to such liquidated damages additional interest applicable to other outstanding Outstanding Notes.
Appears in 1 contract
Samples: Indenture (Movie Gallery Inc)