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 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 and issue price; provided, however, that if such Additional Notes will not be fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number. Such Additional Notes will rank equally and 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 of the board of directors of the Guarantor 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 6 contracts
Samples: Fifth Supplemental Indenture (Safehold Inc.), Fourth Supplemental Indenture (Safehold Inc.), Second Supplemental Indenture (Istar Inc.)
Additional Notes. The Company Issuers will be entitled, without the consent of any Holders of the Notes, upon delivery of an Officer’s Certificate, Opinion of Counsel Certificate and Authentication Order to and without the Trusteeconsent of the Holders of the Notes, and subject to its compliance with Section 6.16.2, 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 and, under certain circumstances, the issue price and issue pricefirst payment of interest thereon; providedprovided that, however, that if such the Additional Notes will are not be fungible with the Initial Notes for U.S. federal income tax purposes, such the Additional Notes will have a separate CUSIP number. Such Additional All the Notes issued under this Supplemental Indenture will rank equally and ratably in right of payment and will be treated as a single series for all purposes under of the Indenture. With respect to any Additional Notes, the Company Issuers will set forth in a resolution of the board its Board of directors of the Guarantor acting on behalf of the Company Directors and an Officer’s Certificate, a copy of each of which will be delivered to the Trustee, the following information:
(a1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to the Indenture; and
(b2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 3 contracts
Samples: Fourth Supplemental Indenture (CyrusOne Inc.), First Supplemental Indenture (CyrusOne Inc.), Second Supplemental Indenture (CyrusOne Inc.)
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 to the TrusteeOrder, 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 and issue price; provided, however, that if such Additional Notes will not be fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number. Such Additional Notes will rank equally and ratably 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 Guarantor 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 3 contracts
Samples: Third Supplemental Indenture (Rexford Industrial Realty, Inc.), Second Supplemental Indenture (Rexford Industrial Realty, Inc.), First Supplemental Indenture (Rexford Industrial Realty, Inc.)
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 to the Trustee, and subject to its compliance with Section Sections 6.1, 6.2, 6.3 and 6.4, 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 and issue price; provided, however, that if such Additional Notes will not be fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number. Such Additional Notes will rank equally and 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 of the board of directors of the Parent Guarantor 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 2 contracts
Samples: Second Supplemental Indenture (Phillips Edison & Company, Inc.), First Supplemental Indenture (Phillips Edison Grocery Center Operating Partnership I, L.P.)
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 Certificate and Authentication Order to and without the Trusteeconsent of the Holders of the Notes, and subject to its compliance with Section 6.15.2, to issue Additional Notes under the Indenture that will have identical terms to the Initial Notes issued on the date of the Indenture Issue Date other than with respect to the date of issuance and, under certain circumstances, the issue price and issue pricefirst payment of interest thereon; providedprovided that, however, that if such the Additional Notes will are not be fungible with the Initial Notes for U.S. federal income tax purposes, such the Additional Notes will have a separate CUSIP number. Such Additional All the Notes issued under this Supplemental Indenture will rank equally and ratably in right of payment and will be treated as a single series for all purposes under of the Indenture. With respect to any Additional Notes, the Company will set forth in a resolution of the board its Board of directors of the Guarantor acting on behalf of the Company Directors and an Officer’s Certificate, a copy of each of which will be delivered to the Trustee, the following information:
(a1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to the Indenture; and
(b2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 2 contracts
Samples: First Supplemental Indenture (ACRES Commercial Realty Corp.), First Supplemental Indenture (NexPoint Real Estate Finance, Inc.)
Additional Notes. The Company Issuers will be entitled, without the consent of any Holders of the Notes, upon delivery of an Officer’s Certificate, Opinion of Counsel Certificate and Authentication Order to and without the Trusteeconsent of the Holders of the Notes, and subject to its compliance with Section 6.16.2, 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 and, under certain circumstances, the issue price and issue pricefirst payment of interest thereon; providedprovided that, however, that if such the Additional Notes will are not be fungible with the Initial Notes for U.S. federal income tax purposes, such the Additional Notes will have a separate CUSIP number. Such Additional All the Notes issued under this Supplemental Indenture will rank equally and ratably in right of payment and will be treated as a single series for all purposes under of the Indenture. With respect to any Additional Notes, the Company Issuers will set forth in a resolution of the board Board of directors of the Guarantor acting on behalf Directors of the Company and an Officer’s Certificate, a copy of each of which will be delivered to the Trustee, the following information:
(a1) the aggregate principal amount of such Additional Notes to be authenticated and delivered pursuant to the Indenture; and
(b2) the issue price, the issue date and the CUSIP number of such Additional Notes.
Appears in 1 contract