Common use of Additional Securities Clause in Contracts

Additional Securities. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional securities (“Additional Securities”) having terms and conditions identical to those of the Securities, except that Additional Securities: (i) may have a different issue date from the Securities; (ii) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on other Securities; and (iii) may have terms specified in the Additional Securities Board Resolution or Additional Securities Supplemental Indenture for such Additional Securities making appropriate adjustments to Article II and Exhibit A (and related definitions) applicable to such Additional Securities in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any other agreement applicable to such Additional Securities, which are not adverse in any material respect to the Holder of any Securities (other than such Additional Securities); provided, that no adjustment pursuant to this Section 2.13 shall cause such Additional Securities to constitute, as determined pursuant to an Opinion of Counsel, a different class of securities than the Original Securities for U.S. federal income tax purposes. The Original Securities and any Additional Securities would rank equally and ratably and would be treated as a single series of debt securities for all purposes under the Indenture.

Additional Securities. (a) The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional securities notes (“Additional Securities”"ADDITIONAL SECURITIES") having that shall have terms and conditions and "CUSIP" numbers identical to those of the other outstanding Securities, except that Additional Securitieswith respect to: (i) may have a different the issue date from the Securitiesdate; (ii) may have a different the amount of interest payable on the first Interest Payment Date after issuance than is payable on other Securities; andtherefor; (iii) may have terms specified in the Additional Securities Board Resolution or Additional Securities Supplemental Indenture for such Additional Securities making appropriate issue price; (iv) any adjustments to Article II and Exhibit A (and related definitions) applicable to such Additional Securities necessary in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any other registration rights or similar agreement applicable to such Additional Securities, which are not adverse in any material respect to the Holder of any outstanding Securities (other than such Additional Securities); providedand (v) any Liquidated Damages payable as provided in Section 7.05. The Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. (b) With respect to any Additional Securities, that no adjustment the Company will set forth in an Officer's Certificate pursuant to a resolution of the Board of Directors of the Company, copies of which will be delivered to the Trustee, the following information: (i) the aggregate principal amount of such Additional Securities to be authenticated and delivered pursuant to this Section 2.13 shall Indenture; (ii) the issue date and the issue price of such Additional Securities; provided that no Additional Securities may be issued at a price that would cause such Additional Securities to constitutehave "original issue discount" within the meaning of Section 1273 of the Internal Revenue Code of 1986, as determined pursuant to an Opinion of Counsel, a different class of securities than the Original Securities for U.S. federal income tax purposes. The Original Securities and any amended; and (iii) whether such Additional Securities would rank equally and ratably and would will be treated as a single series of debt securities for all purposes subject to transfer restrictions under the IndentureSecurities Act (or other applicable securities laws).

Additional Securities. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional securities (“Additional Securities”) having terms and conditions set forth in Exhibit A identical to those of the other outstanding Securities, except that Additional Securities: (i) may have a different issue date from the other outstanding Securities, except for purposes of Article 10; (ii) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on other outstanding Securities; and; (iii) may have terms specified in the Additional Securities Board Resolution or Additional Securities Supplemental Indenture for such Additional Securities making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Securities in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any other registration rights or similar agreement applicable to such Additional Securities, which are not adverse in any material respect to the Holder of any outstanding Securities (other than such Additional Securities); and (iv) may be entitled to additional interest as provided in Section 2.15 not applicable to other outstanding Securities and may not be entitled to such additional interest applicable to other outstanding Securities; provided, that no adjustment pursuant to this Section 2.13 2.14 shall cause such Additional Securities to constitute, as determined pursuant to an Opinion of Counsel, a different class of securities than the Original Securities issued on the Issue Date for U.S. federal income tax purposes. The Original Securities and any purposes except for Additional Securities would rank equally and ratably and would be treated as that have a single series separate CUSIP number from other outstanding Securities pending performance by the Company of debt securities for all purposes its obligations under the Indenturea Registration Rights Agreement applicable thereto.

Additional Securities. The Company may, from time to time, subject to compliance with any other applicable provisions of this Indenture, without the consent of the Holders, create and issue pursuant to this Indenture additional securities (“"Additional Securities”") having terms and conditions set forth in Exhibit A identical to those of the other outstanding Securities, except that Additional Securities: (i) may have a different issue date from the other outstanding Securities, except for purposes of Article 10; (ii) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on other outstanding Securities; and; (iii) may have terms specified in the Additional Securities Board Resolution or Additional Securities Supplemental Indenture for such Additional Securities making appropriate adjustments to this Article II and Exhibit A (and related definitions) applicable to such Additional Securities in order to conform to and ensure compliance with the Securities Act (or other applicable securities laws) and any other registration rights or similar agreement applicable to such Additional Securities, which are not adverse in any material respect to the Holder of any outstanding Securities (other than such Additional Securities); and (iv) may be entitled to additional interest as provided in Section 2.15 not applicable to other outstanding Securities and may not be entitled to such additional interest applicable to other outstanding Securities; provided, that no adjustment pursuant to this Section 2.13 2.14 shall cause such Additional Securities to constitute, as determined pursuant to an Opinion of Counsel, a different class of securities than the Original Securities issued on the Issue Date for U.S. federal income tax purposes. The Original Securities and any purposes except for Additional Securities would rank equally and ratably and would be treated as that have a single series separate CUSIP number from other outstanding Securities pending performance by the Company of debt securities for all purposes its obligations under the Indenturea Registration Rights Agreement applicable thereto.