Common use of Aggregate Amount; Additional Notes Clause in Contracts

Aggregate Amount; Additional Notes. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. (b) Additional notes of the same series as the Notes (such additional notes being “Additional Notes”) may be issued from time to time under this Indenture so long as, on the date of issuance of such Additional Notes: (i) the requirements of Section 2.2 have been complied with, (ii) no Default or Event of Default shall have occurred and then be continuing or shall occur as a result of the issuance of such Additional Notes, (iii) such Additional Notes shall rank pari passu with the Notes referred to in Section 2.1 and shall have equivalent terms and benefits as the Notes and shall be part of the same series as the Notes except for the original issuance date, (iv) the Issuer and the Trustee shall have executed and delivered a supplemental indenture to this Indenture providing for the issuance of such Additional Notes and reflecting such amendments to this Indenture as may be required to reflect the increase in aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (v) the Guarantor and the Trustee shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amended and restated Guaranty reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (vi) in the event that the Issuer and the Guarantor have not satisfied in full their obligations under the Registration Rights Agreement, the Issuer, the Guarantor and the Initial Purchasers shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amendment to the Registration Rights Agreement reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, and (vii) the Trustee shall have received all such opinions and other documents as it shall have reasonably requested. (c) All Additional Notes issued hereunder will, when issued, be considered Notes for all purposes hereunder and will be subject to and take benefit of all the terms, conditions and provisions of this Indenture.

Aggregate Amount; Additional Notes. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. (b) Additional notes of the same series as the Notes (such additional notes being “Additional Notes”) may be issued from time to time under this Indenture so long as, on the date of issuance of such Additional Notes: (i) the requirements of Section 2.2 have been complied with, (ii) no Default or Event of Default shall have occurred and then be continuing or shall occur as a result of the issuance of such Additional Notes, (iii) such Additional Notes shall rank pari passu with the Notes referred to in Section 2.1 and shall have equivalent terms and benefits as the Notes and shall be part of the same series as the Notes except for the original issuance dateNotes, (iv) to the extent that the Insurance Policy is in effect and has not been voluntarily cancelled in accordance with Section 4.06 of the Insurance Policy and Section 5.2(g)(iii) hereof, the Insurance Policy shall have been amended to increase the Maximum Aggregate Compensation Liability proportionately with the amount of Additional Notes to be issued hereunder and to make such other changes to the Insurance Policy as are necessary to reflect the issuance of such Additional Notes, (v) to the extent that the Insurance Policy is in effect and has not been voluntarily cancelled in accordance with Section 4.06 of the Insurance Policy, Section 5.2(g)(iii) hereof or otherwise, if any Letters of Credit have not been allowed to expire in accordance with Section 5.1(c) hereof, the amount available under such Letters of Credit (together with any amounts then on deposit in the Reserve Account) shall have been increased proportionately to take into account the amount of Additional Notes to be issued hereunder and the amount available under any such replacement Letter of Credit (together with any amounts on deposit in the Reserve Account) shall be at least equal to the Required Amount (after giving effect to any such increase), (vi) each of the Rating Agencies shall have confirmed to the Indenture Trustee in writing, prior to the issuance of such Additional Notes, that the issuance of such Additional Notes will not result in a lowering or a withdrawal of the rating of the Notes in effect immediately prior to any such issuance, (vii) the Issuer and the Indenture Trustee shall have executed and delivered a supplemental indenture to this Indenture providing for the issuance of such Additional Notes and reflecting such amendments to this Indenture as may be required to reflect the increase in aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (v) the Guarantor and the Trustee shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amended and restated Guaranty reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (viviii) in the event that the Issuer and the Guarantor have has not satisfied in full their its obligations under the Registration Rights Agreement, the Issuer, the Guarantor Issuer and the Initial Purchasers Purchaser shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amendment to the Registration Rights Agreement reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, and (viiix) the Indenture Trustee shall have received an Officer’s Certificate and an Opinion of Counsel to the effect that all such opinions and other documents as it shall conditions precedent set forth in this Section 2.3(b) have reasonably requestedbeen satisfied. (c) All Additional Notes issued hereunder will, when issued, be considered Notes for all purposes hereunder and will be subject to and take benefit of all the terms, conditions and provisions of this Indenture.

Aggregate Amount; Additional Notes. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. (b) Additional notes of the same series as the Notes (such additional notes being “Additional Notes”) may be issued from time to time under this Indenture so long as, on the date of issuance of such Additional Notes: (i) such issuance of Additional Notes shall be subject to the prior written consent of the Central Bank as regards its compliance with the subordination conditions of Resolution 2837, (ii) the requirements of Section 2.2 have been complied with, (iiiii) no Default or Event of Default shall have occurred and then be continuing or shall occur as a result of the issuance of such Additional Notes, (iiiiv) such Additional Notes shall rank pari passu with the Notes referred to in Section 2.1 and shall have equivalent terms and benefits as the Notes and shall be part of the same series as the Notes except for the original issuance dateNotes, (ivv) to the extent that the Insurance Policy has not been voluntarily cancelled in accordance with Section 8.3(A) of the Insurance Policy and Section 5.3(d) hereof, the Insurance Policy shall have been amended to increase the “Maximum Aggregate Limit of Liability” and the “Limit of Liability” under the Insurance Policy proportionately with the amount of Additional Notes to be issued hereunder and to make such other changes to the Insurance Policy as are necessary to reflect the issuance of such Additional Notes, (vi) regardless of whether the Insurance Policy is in effect or has been voluntarily cancelled in accordance with Section 8.3(A) of the Insurance Policy, Section 5.3(d) hereof or otherwise, if any Letters of Credit have not been allowed to expire in accordance with Section 5.2(c) hereof, the amount available under such Letters of Credit (together with any amounts then on deposit in the Reserve Account) shall have been increased to take into account the amount of Additional Notes to be issued hereunder and the amount available under any such replacement Letter of Credit (together with any amounts on deposit in the Reserve Account) shall be at least equal to the Required Amount (after giving effect to any such increase), (vii) the Issuer Rating Agency shall have confirmed to the Trustee in writing, prior to the issuance of such Additional Notes, that the issuance of such Additional Notes will not result in a lowering or a withdrawal of the rating of the Notes in effect immediately prior to any such issuance, (viii) Unibanco and the Trustee shall have executed and delivered a supplemental indenture to this Indenture providing for the issuance of such Additional Notes and reflecting such amendments to this Indenture as may be required to reflect the increase in aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (v) the Guarantor and the Trustee shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amended and restated Guaranty reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (viix) in the event that the Issuer and the Guarantor have Unibanco has not satisfied in full their its obligations under the Registration Rights Agreement, the Issuer, the Guarantor Unibanco and the Initial Purchasers shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amendment to the Registration Rights Agreement reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, and (viix) the Trustee shall have received all such opinions and other documents as it shall have reasonably requested. (c) All Additional Notes issued hereunder will, when issued, be considered Notes for all purposes hereunder and will be subject to and take benefit of all the terms, conditions and provisions of this Indenture.

Aggregate Amount; Additional Notes. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. (b) Additional notes of the same series as the Notes referred to in Section 2.1 (such additional notes being “Additional Notes”) may be issued from time to time under this Indenture so long as, on the date of issuance of such Additional Notes: (i) the requirements of Section 2.2 have been complied with, (ii) no Default or Event of Default shall have occurred and then be continuing or shall occur as a result of the issuance of such Additional Notes, (iii) such Additional Notes shall rank pari passu with the Notes referred to in Section 2.1 and shall have equivalent terms and benefits as the such Notes and shall be part of the same series as the Notes except for the original issuance datesuch Notes, (iv) the Issuer Issuer, the Guarantor and the Trustee shall have executed and delivered a supplemental indenture to this Indenture providing for the issuance of such Additional Notes and reflecting such amendments to this Indenture as may be required to reflect the increase in aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, Notes and (v) the Guarantor and the Trustee shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amended and restated Guaranty reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (vi) in the event that the Issuer and the Guarantor have not satisfied in full their obligations under the Registration Rights Agreement, the Issuer, the Guarantor and the Initial Purchasers shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amendment to the Registration Rights Agreement reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, and (vii) the Trustee shall have received all such opinions and other documents as it shall have reasonably requested. (c) All Additional Notes issued hereunder will, when issued, be considered Notes for all purposes hereunder and will be subject to and take benefit of all the terms, conditions and provisions of this Indenture.

Aggregate Amount; Additional Notes. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. (b) Additional notes of the same series as the Notes (such additional notes being “Additional Notes”) may be issued from time to time under this Indenture so long as, on the date of issuance of such Additional Notes: (i) the requirements of Section 2.2 have been complied with, (ii) no Default or Event of Default shall have occurred and then be continuing or shall occur as a result of the issuance of such Additional Notes, (iii) such Additional Notes shall rank pari passu with the Notes referred to in Section 2.1 and shall have equivalent terms and benefits as the Notes and shall be part of the same series as the Notes except for the original issuance dateNotes, (iv) to the extent that the Insurance Policy is in effect and has not been voluntarily cancelled in accordance with Condition 4 of the Insurance Policy and Section 5.2(d) hereof, the Insurance Policy shall have been amended to increase the “Policy Limit” (as such term is defined under the Insurance Policy) proportionately with the amount of Additional Notes to be issued hereunder and to make such other changes to the Insurance Policy as are necessary to reflect the issuance of such Additional Notes, (v) to the extent that the Insurance Policy is in effect and has not been voluntarily cancelled in accordance with Condition 4 of the Insurance Policy, Section 5.2(d) hereof or otherwise, if any Letters of Credit have not been allowed to expire in accordance with Section 5.1(c) hereof, the amount available under such Letters of Credit (together with any amounts then on deposit in the Reserve Account) shall have been increased proportionately to take into account the amount of Additional Notes to be issued hereunder and the amount available under any such replacement Letter of Credit (together with any amounts on deposit in the Reserve Account) shall be at least equal to the Required Amount (after giving effect to any such increase), (vi) the Rating Agency shall have confirmed to the Trustee in writing, prior to the issuance of such Additional Notes, that the issuance of such Additional Notes will not result in a lowering or a withdrawal of the rating of the Notes in effect immediately prior to any such issuance, (vii) the Issuer and the Trustee shall have executed and delivered a supplemental indenture to this Indenture providing for the issuance of such Additional Notes and reflecting such amendments to this Indenture as may be required to reflect the increase in aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (v) the Guarantor and the Trustee shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amended and restated Guaranty reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (viviii) in the event that the Issuer and the Guarantor have has not satisfied in full their its obligations under the Registration Rights Agreement, the Issuer, the Guarantor Issuer and the Initial Purchasers shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amendment to the Registration Rights Agreement reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, and (viiix) the Trustee shall have received an Officers Certificate and an Opinion of Counsel to the effect that all such opinions and other documents as it shall conditions precedent set forth in this Section 2.3(b) have reasonably requestedbeen satisfied. (c) All Additional Notes issued hereunder will, when issued, be considered Notes for all purposes hereunder and will be subject to and take benefit of all the terms, conditions and provisions of this Indenture.

Aggregate Amount; Additional Notes. (a) The aggregate principal amount of the Notes that may be authenticated and delivered under this Indenture is unlimited. (b) Additional notes of the same series as the Notes (such additional notes being “Additional Notes”) may be issued from time to time under this Indenture so long as, on the date of issuance of such Additional Notes: (i) the requirements of Section 2.2 2.02 have been complied with, (ii) no Default or Event of Default shall have occurred and then be continuing or shall occur as a result of the issuance of such Additional Notes, (iii) such Additional Notes shall rank pari passu with the Notes referred to in Section 2.1 2.01 and shall have equivalent terms and benefits as the Notes and shall be part of the same series as the Notes except for the original issuance dateNotes, (iv) the Rating Agency, if any, shall have confirmed to the Trustee in writing, prior to the issuance of such Additional Notes, that the issuance of such Additional Notes will not result in a lowering or a withdrawal of the rating of the Notes in effect immediately prior to any such issuance, (vi) the Issuer and the Trustee shall have executed and delivered a supplemental indenture to this Indenture providing for the issuance of such Additional Notes and reflecting such amendments to this Indenture as may be required to reflect the increase in aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (v) the Guarantor and the Trustee shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amended and restated Guaranty reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (vi) in the event that the Issuer and the Guarantor have not satisfied in full their obligations under the Registration Rights Agreement, the Issuer, the Guarantor and the Initial Purchasers shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amendment to the Registration Rights Agreement reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, and (vii) the Trustee shall have received an Officer’s Certificate and an Opinion of Counsel to the effect that all such opinions and other documents as it shall conditions precedent set forth in this Section 2.03(b) have reasonably requestedbeen satisfied. (c) All Additional Notes issued hereunder will, when issued, be considered Notes for all purposes hereunder and will be subject to and take benefit of all the terms, conditions and provisions of this Indenture. (d) Notwithstanding anything to the contrary, Additional Notes may be issued with OID.

Aggregate Amount; Additional Notes. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. (b) Additional notes of the same series as the Notes (such additional notes being “"Additional Notes”") may be issued from time to time under this Indenture so long as, on the date of issuance of such Additional Notes: (i) the requirements of Section 2.2 have been complied with, (ii) no Default or Event of Default shall have occurred and then be continuing or shall occur as a result of the issuance of such Additional Notes, (iii) such Additional Notes shall rank pari passu with the Notes referred to in Section 2.1 and shall have equivalent terms and benefits as the Notes and shall be part of the same series as the Notes except for the original issuance dateNotes, (iv) to the extent that the Insurance Policy has not been voluntarily cancelled in accordance with Section 8.3(a) of the Insurance Policy and Section 5.4(d) hereof, the Insurance Policy shall have been amended to increase the "Maximum Aggregate Limit of Liability" and the "Limit of Liability" under the Insurance Policy proportionately with the amount of Additional Notes to be issued hereunder and to make such other changes to the Insurance Policy as are necessary to reflect the issuance of such Additional Notes, (v) regardless of whether the Insurance Policy is in effect or has been voluntarily cancelled in accordance with Section 8.3(a) of the Insurance Policy, Section 5.4(d) hereof or otherwise, if any Letters of Credit have not been allowed to expire in accordance with Section 5.3(c) hereof, the amount available under such Letters of Credit (together with any amounts then on deposit in the Reserve Account) shall have been increased to take into account the amount of Additional Notes to be issued hereunder and the amount available under any such replacement Letter of Credit (together with any amounts on deposit in the Reserve Account) shall be at least equal to the Required Amount (after giving effect to any such increase), (vi) each of the Rating Agencies shall have confirmed to the Trustee in writing, prior to the issuance of such Additional Notes, that the issuance of such Additional Notes will not result in a lowering or a withdrawal of the rating of the Notes in effect immediately prior to any such issuance, (vii) the Issuer and the Trustee shall have executed and delivered a supplemental indenture to this Indenture providing for the issuance of such Additional Notes and reflecting such amendments to this Indenture as may be required to reflect the increase in aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (vviii) the Guarantor and the Trustee shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amended and restated Guaranty reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (viix) in the event that the Issuer and the Guarantor have not satisfied in full their obligations under the Registration Rights Agreement, the Issuer, the Guarantor and the Initial Purchasers shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amendment to the Registration Rights Agreement reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, and (viix) the Trustee shall have received all such opinions and other documents as it shall have reasonably requested. (c) All Additional Notes issued hereunder will, when issued, be considered Notes for all purposes hereunder and will be subject to and take benefit of all the terms, conditions and provisions of this Indenture.

Aggregate Amount; Additional Notes. (a) The aggregate principal amount of Notes that may be authenticated and delivered under this Indenture is unlimited. (b) Additional notes of the same series as the Notes (such additional notes being “Additional Notes”"ADDITIONAL NOTES") may be issued from time to time under this Indenture so long as, on the date of issuance of such Additional Notes: (i) the requirements of Section 2.2 have been complied with, (ii) no Default or Event of Default shall have occurred and then be continuing or shall occur as a result of the issuance of such Additional Notes, (iii) such Additional Notes shall rank pari passu PARI PASSU with the Notes referred to in Section 2.1 and shall have equivalent terms and benefits as the Notes and shall be part of the same series as the Notes except for the original issuance dateNotes, (iv) to the extent that the Insurance Policy has not been voluntarily cancelled in accordance with Section 8.3(a) of the Insurance Policy and Section 5.4(d) hereof, the Insurance Policy shall have been amended to increase the "Maximum Aggregate Limit of Liability" and the "Limit of Liability" under the Insurance Policy proportionately with the amount of Additional Notes to be issued hereunder and to make such other changes to the Insurance Policy as are necessary to reflect the issuance of such Additional Notes, (v) regardless of whether the Insurance Policy is in effect or has been voluntarily cancelled in accordance with Section 8.3(a) of the Insurance Policy, Section 5.4(d) hereof or otherwise, if any Letters of Credit have not been allowed to expire in accordance with Section 5.3(c) hereof, the amount available under such Letters of Credit (together with any amounts then on deposit in the Reserve Account) shall have been increased to take into account the amount of Additional Notes to be issued hereunder and the amount available under any such replacement Letter of Credit (together with any amounts on deposit in the Reserve Account) shall be at least equal to the Required Amount (after giving effect to any such increase), (vi) each of the Rating Agencies shall have confirmed to the Trustee in writing, prior to the issuance of such Additional Notes, that the issuance of such Additional Notes will not result in a lowering or a withdrawal of the rating of the Notes in effect immediately prior to any such issuance, (vii) the Issuer and the Trustee shall have executed and delivered a supplemental indenture to this Indenture providing for the issuance of such Additional Notes and reflecting such amendments to this Indenture as may be required to reflect the increase in aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (vviii) the Guarantor and the Trustee shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amended and restated Guaranty reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, (viix) in the event that the Issuer and the Guarantor have not satisfied in full their obligations under the Registration Rights Agreement, the Issuer, the Guarantor and the Initial Purchasers shall have executed and, contemporaneously with the issuance of such Additional Notes, delivered an amendment to the Registration Rights Agreement reflecting the increase in the aggregate principal amount of the Notes resulting from the issuance of such Additional Notes, and (viix) the Trustee shall have received all such opinions and other documents as it shall have reasonably requested. (c) All Additional Notes issued hereunder will, when issued, be considered Notes for all purposes hereunder and will be subject to and take benefit of all the terms, conditions and provisions of this Indenture.