Amount of Notes; Issuable in Series. The aggregate principal amount of Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture: (i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes; (ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture (which limit shall not pertain to Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.11, 2.16(c), 2.16(d) or 3.06); (iii) the date or dates on which the principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension of such date or dates, and the amount or amounts of such principal and premium, if any, payments and methods of determination thereof; (iv) the rate or rates at which the Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable; (v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, in whole or in part, at the option of the Issuer, if the Issuer is to have the option or (ii) shall be redeemed, in whole or in part, upon the occurrence of specified events, if the Notes shall be subject to a mandatory redemption provision; (vi) if other than the principal amount thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined; (vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and (viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are to be of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will be treated as the same series, unless otherwise designated by the Issuer.
Appears in 3 contracts
Samples: Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)
Amount of Notes; Issuable in Series. The aggregate principal amount at maturity of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $93,500,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount at maturity, so long as (which limit shall not pertain i) the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section Sections 2.07, 2.08, 2.10, 2.11, 2.16(c3.03(b), 2.16(d4.08(e) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers' Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount at maturity of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or Exhibit B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Notes may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Notes in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Notes or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers' Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 2 contracts
Samples: Indenture (Rural Metro Corp /De/), Indenture (Rural Metro Corp /De/)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $2,805,000,000 of Original Cash Pay Notes and $2,230,971,000 of Original PIK Election Notes. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 A or B, as applicable, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 C or Exhibit C-1 or Exhibit C-2 D, as applicable. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $1,500,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereof;including the date from which interest on such Additional Notes shall accrue; and
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion . If any of the principal amount terms of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $1,500,000,000 aggregate principal amount of 2019 Notes and $1,150,000,000 aggregate principal amount of 2021 Notes. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The 2019 Notes and the 2021 Notes will each be issued as a separate series, but will be treated as a single class for all purposes under the Indenture. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b)
(i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 A or B, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 C or Exhibit C-1 or Exhibit C-2 as D. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Amount of Notes; Issuable in Series. The aggregate principal amount of Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes);
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture (which limit shall not pertain to Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.11, 2.16(c), 2.16(d) or 3.06);
(iii) the date or dates on which the principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension of such date or dates, and the amount or amounts of such principal and premium, if any, payments and methods of determination thereof;
(iv) the rate or rates at which the Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, in whole or in part, at the option of the Issuer, if the Issuer is to have the option or (ii) shall be redeemed, in whole or in part, upon the occurrence of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if other than the principal amount thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 A or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 C as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are to be of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses clauses
(i) though (viii) will be treated as the same series, unless otherwise designated by the Issuer.
Appears in 1 contract
Samples: Indenture (Warner Music Group Corp.)
Amount of Notes; Issuable in Series. The aggregate principal amount of Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture (which limit shall not pertain be limited. The Notes may be issued in one or more series. THE TERMS OF EACH SERIES SHALL BE IDENTICAL, EXCEPT AS SET FORTH IN THIS SECTION 2.01. All Notes of any one series shall be substantially identical except as to denomination. With respect to any Additional Notes issued after the Closing Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10 or 3.06 or the Appendix), 2.16(dthere shall be (a) established in or 3.06pursuant to a resolution of the Board of Directors of the Company and (b)(i) set forth or determined in the manner provided in an Officers' Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such date or dates, Additional Notes that may be authenticated and the amount or amounts of delivered under this Indenture on such principal and premium, if any, payments and methods of determination thereofIssue Date;
(iv3) the rate or rates at which the Notes issue price and Issue Date of the series shall bear interestsuch Additional Notes, if any, or the method of calculating and/or resetting such rate or rates of interest, including the date or dates from which interest on such interest Additional Notes shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payableaccrue;
(v4) the period or periods within whichif applicable, the price or prices at which, and other terms and conditions upon which that such Additional Notes of the series (i) may shall be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.3 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be resolutions of the same series as any Notes previously issued hereunder. Notes that have Board of Directors of the same terms described in the foregoing clauses (i) though (viii) will Company, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or any Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers' Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Amount of Notes; Issuable in Series. The aggregate principal amount of Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture is unlimited. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. With respect to any Additional Notes issued after the Closing Date (which limit shall not pertain to except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10 or 3.06 or the Appendix), 2.16(dthere shall be (a) established in or 3.06pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officer's Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such date or datesAdditional Notes which may be authenticated and delivered under this Indenture, and the amount or amounts of such which may be in an unlimited aggregate principal and premium, if any, payments and methods of determination thereofamount;
(iv3) the rate or rates at which the Notes issue price and issuance date of the series shall bear interestsuch Additional Notes, if any, or the method of calculating and/or resetting such rate or rates of interest, including the date or dates from which interest on such interest Additional Notes shall accrue or accrue; provided, however, that Additional Notes may be issued only if they are fungible with the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payableother Notes issued under this Indenture for U.S. federal income tax purposes;
(v4) the period or periods within whichif applicable, the price or prices at which, and other terms and conditions upon which that such Additional Notes of the series (i) may shall be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.3 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or any Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers' Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (On Semiconductor Corp)
Amount of Notes; Issuable in Series. The aggregate principal amount of Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02Original Notes, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $1,250,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.08, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes that may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereof;including the date from which interest on such Additional Notes shall accrue; and
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion . If any of the principal amount terms of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $750.0 million. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers' Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in EXHIBIT A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 EXHIBIT A, but shall be issued in the form of Exchange Notes as set forth in EXHIBIT B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers' Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $400,000,000 aggregate principal amount of Notes. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such date or dates, Additional Notes which may be authenticated and the amount or amounts of such principal and premium, if any, payments and methods of determination thereofdelivered under this Indenture;
(iv3) the rate or rates at which the Notes issue price and issuance date of the series shall bear interestsuch Additional Notes, if any, or the method of calculating and/or resetting such rate or rates of interest, including the date or dates from which interest on such interest Additional Notes shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payableaccrue;
(v4) the period or periods within whichif applicable, the price or prices at which, and other terms and conditions upon which that such Additional Notes of the series (i) may shall be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as D. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $875,000,000 aggregate principal amount of 2013 Notes, $675,000,000 aggregate principal amount of 2015 Notes and $1,000,000,000 aggregate principal amount of Floating Rate Notes. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers' Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in EXHIBIT A, B or C hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 EXHIBIT A, B or Exhibit A-2 C, but shall be issued in the form of Exchange Notes as set forth in EXHIBIT D, E or Exhibit C-1 or Exhibit C-2 as F. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers' Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $250,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section Sections 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.03(c), 2.16(d4.06(f), 4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers' Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such date or dates, Additional Notes which may be authenticated and the amount or amounts of such principal and premium, if any, payments and methods of determination thereofdelivered under this Indenture;
(iv3) the rate or rates at which the Notes issue price and issuance date of the series shall bear interestsuch Additional Notes, if any, or the method of calculating and/or resetting such rate or rates of interest, including the date or dates from which interest on such interest Additional Notes shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payableaccrue;
(v4) the period or periods within whichif applicable, the price or prices at which, and other terms and conditions upon which that such Additional Notes of the series (i) may shall be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Notes may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Notes in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Notes or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or any Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers' Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $375,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination.The Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section Sections 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.03(c), 2.16(d4.06(f), 4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers' Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Notes may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Notes in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Notes or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or any Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers' Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $575.0 million. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers' Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in EXHIBIT A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 EXHIBIT A, but shall be issued in the form of Exchange Notes as set forth in EXHIBIT B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers' Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (PanAmSat Holding CORP)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $125,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuers may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section Sections 2.07, 2.08, 2.10, 2.11, 2.16(c3.03(b), 2.16(d4.08(e) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Company and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or Exhibit B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Notes may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Notes in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Notes or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or any Assistant Secretary of the Company and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Rural Metro Corp /De/)
Amount of Notes; Issuable in Series. The aggregate principal amount at maturity of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $481,020,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer and Holdings may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount at maturity, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the aggregate Accreted Value and principal amount at maturity of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates on of such Additional Notes, including the date from which the principal of and Accreted Value of, premium, if any, or interest on such Additional Notes shall accrete or accrue, as the Notes of the series is payable or the method of determination and/or extension of such date or dates, and the amount or amounts of such principal and premium, if any, payments and methods of determination thereofcase may be;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of each of the Issuer and Holdings and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The aggregate principal amount of Initial Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $550,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and Section 4.11 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section Sections 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.08, 3.09(e), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors of the Issuer and (b)(i) set forth or determined in the manner provided in an Officer’s Certificate or (ii) established in one or more supplemental indentures hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such date or dates, Additional Notes which may be authenticated and the amount or amounts of such principal and premium, if any, payments and methods of determination thereofdelivered under this Indenture;
(iv3) the rate or rates at which the Notes issue price and issuance date of the series shall bear interestsuch Additional Notes, if any, or the method of calculating and/or resetting such rate or rates of interest, including the date or dates from which interest on such interest Additional Notes shall accrue or the method by which accrue; and
(4) if applicable, that such date or dates Additional Notes shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Appendix in which any such Global Note may be exchanged in whole or in part for Additional Notes registered, or any transfer of such Global Note in whole or in part may be registered, in the name or names of Persons other than the depositary for such Global Note or a nominee thereof. If any of the terms of any Additional Notes are established by action taken pursuant to a resolution of the Board of Directors of the Issuer, if a copy of an appropriate record of such action shall be certified by the Secretary or any Assistant Secretary of the Issuer is and delivered to have the option Trustee at or prior to the delivery of the Officer’s Certificate or the supplemental indenture hereto setting forth the terms of the Additional Notes. Additionally, the Trustee shall receive an Officer’s Certificate in accordance with Section 12.04, and the Trustee shall receive an Opinion of Counsel which shall state:
(ii1) shall be redeemed, in whole that the form of such Additional Notes has been established by a supplemental indenture or in part, upon the occurrence of specified events, if the Notes shall be subject by or pursuant to a mandatory redemption provisionresolution of the Board of Directors in conformity with the provisions of this Indenture;
(vi2) if that the terms of such Additional Notes have been established in conformity with the other than the principal amount thereof, the portion provisions of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determinedthis Indenture;
(vii3) in the case of any that such Additional Notes, other than Initial Notes when authenticated and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of delivered by the Trustee or its Authenticating Agent and issued by the requisite Holders Issuer in the manner and subject to any conditions specified in such Opinion of such Notes Counsel, will constitute valid and legally binding obligations of the Issuer, enforceable in accordance with their terms, subject to declare bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting the principal amount thereof due enforcement of creditors’ rights and payable pursuant to Section 6.02general equity principles; and
(viii4) in that all covenants and conditions precedent under this Indenture with respect to the case of any Notesissuance, other than Initial Notes authentication and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes delivery of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are to be of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will be treated as the same series, unless otherwise designated by the Issuerbeen complied with.
Appears in 1 contract
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $1,330.0 million of Original 2016 Notes and $260.0 million of Original Floating Rate Notes. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers' Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in EXHIBIT A or B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 EXHIBIT A or Exhibit A-2 B, as applicable, but shall be issued in the form of Exchange Notes as set forth in EXHIBIT C or Exhibit C-1 or Exhibit C-2 D, as applicable. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers' Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The aggregate principal amount of Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02Original Notes, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $1,250,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.08, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes that may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereof;including the date from which interest on such Additional Notes shall accrue; and
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion . If any of the principal amount terms of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $250,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.03(c), 2.16(d4.06(g) or 3.064.08(c) or the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Notes may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Notes in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Notes or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or any Assistant Secretary of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Orbimage Inc)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $500,000,000 aggregate principal amount of Original 2018 Notes, $2,000,000,000 aggregate principal amount of Original 2021 Notes and $1,000,000,000 aggregate principal amount of Original 2023 Notes. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A, B or C hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 A, B or C, as applicable, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 D, E or Exhibit C-1 or Exhibit C-2 F, as applicable. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $883,346,000 aggregate principal amount of 2013 Notes and $681,012,000 aggregate principal amount of 2015 Notes. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such date or dates, Additional Notes which may be authenticated and the amount or amounts of such principal and premium, if any, payments and methods of determination thereofdelivered under this Indenture;
(iv3) the rate or rates at which the Notes issue price and issuance date of the series shall bear interestsuch Additional Notes, if any, or the method of calculating and/or resetting such rate or rates of interest, including the date or dates from which interest on such interest Additional Notes shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payableaccrue;
(v4) the period or periods within whichif applicable, the price or prices at which, and other terms and conditions upon which that such Additional Notes of the series (i) may shall be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A or B hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 A or B, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 D or Exhibit C-1 or Exhibit C-2 as E. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $2,000,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $500,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The As provided for in Exhibit A hereto, the aggregate principal amount of the Notes that which may be authenticated and delivered and outstanding under this Indenture is not limitedunlimited. The All Notes shall be substantially identical in all respects other than issue prices, issuance dates, first interest payment amount, first interest payment date and denominations. Additional Notes may be issued from time to time in one by the Company without notice to or more seriesconsent of the Holders and shall be consolidated with and form a single class with the Initial Notes; provided, such Additional Notes will not be issued with the same CUSIP number as the Initial Notes unless such Additional Notes are fungible with the Initial Notes for U.S. federal income tax purposes; provided, further, that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 4.05 and Section 4.07. Except as provided in Section 9.02, all Notes (including any Exchange All Notes issued in exchange therefor) will vote (or consent) under this Indenture shall be treated as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. The following matters Subject to Section 2.03, the Trustee shall authenticate the Initial Notes for original issue on the Issue Date in the aggregate principal amount of $500,000,000. With respect to any Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of or in exchange for, or in lieu of, Initial Notes pursuant to Section 2.07, 2.09 or 3.06 or Exhibit A), there shall be established with respect in or pursuant to each a resolution of the Board of Directors, and subject to Section 2.03, set forth, or determined in the manner provided in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of such Notes:
(a) whether such Notes shall be issued as part of a new or existing series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) and the title of the such Notes of the series (which title shall distinguish the Notes of the series from all Notes of any other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notesseries);
(iib) any limit (if any) upon the aggregate principal amount of the such Notes of the series that may be authenticated and delivered under this Indenture (which limit shall not pertain be calculated without reference to any Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the same series pursuant to Section 2.07, 2.082.09 or 3.06 or Exhibit A or any Notes which, 2.11pursuant to Section 2.03, 2.16(c), 2.16(d) or 3.06are deemed never to have been authenticated and delivered hereunder);
(iiic) the issue price and issuance date or dates on which the principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension of such Notes, including the date or dates, and the amount or amounts of from which interest on such principal and premium, if any, payments and methods of determination thereof;Notes shall accrue; and
(ivd) the rate or rates at which the if applicable, that such Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositories for such Global Notes, the form of the Issuer, if the Issuer is to have the option any legend or (ii) legends that shall be redeemed, borne by any such Global Notes in addition to or in lieu of that set forth in Appendix I to Exhibit A and any circumstances in addition to or in lieu of those set forth in Section 2.3 of Exhibit A in which any such Global Notes may be exchanged in whole or in partpart for Notes registered, upon and any transfer of such Global Notes in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depository for such Global Note or a nominee thereof, the portion . If any of the principal amount terms of Notes any series are established by action taken pursuant to a resolution of the series that Board of Directors, a copy of an appropriate record of such action shall be payable upon declaration certified by the Secretary or any Assistant Secretary of acceleration the Company and delivered to the Trustee at or prior to the delivery of maturity thereof pursuant to Section 6.02 the Officers’ Certificate or the method by which such portion shall be determined;
(vii) in trust indenture supplemental hereto setting forth the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes terms of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are to be of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will be treated as the same series, unless otherwise designated by the Issuer.
Appears in 1 contract
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $701,913,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A, but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $600.0 million. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereofincluding the date from which interest on such Additional Notes shall accrue;
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii5) if applicable, that such Additional Notes that are not Transfer Restricted Notes shall not be issued in the case form of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or A but shall be issued in the form of Exchange Notes as set forth in Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as B. If any of the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for terms of any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Amount of Notes; Issuable in Series. The aggregate principal amount of Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes);
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture (which limit shall not pertain to Notes authenticated and delivered upon registration of, transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.11, 2.16(c), 2.16(d) or 3.06);
(iii) the date or dates on which the principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension of such date or dates, and the amount or amounts of such principal and premium, if any, payments and methods of determination thereof;
(iv) the rate or rates at which the Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, in whole or in part, at the option of the Issuer, if the Issuer is to have the option or (ii) shall be redeemed, in whole or in part, upon the occurrence of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if other than the principal amount thereof, the portion of the principal amount of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 A or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 C as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are to be of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will be treated as the same series, unless otherwise designated by the Issuer.
Appears in 1 contract
Samples: Indenture (Warner Music Group Corp.)
Amount of Notes; Issuable in Series. The As provided for in Exhibit A hereto, the aggregate principal amount of the Notes that which may be authenticated and delivered and outstanding under this Indenture is not limitedunlimited. The All Notes shall be substantially identical in all respects other than issue prices, issuance dates, first interest payment amount, first interest payment date and denominations. Additional Notes may be issued from time to time in one by the Company without notice to or more seriesconsent of the Holders and shall be consolidated with and form a single class with the Initial Notes; provided, such Additional Notes will not be issued with the same CUSIP number as the Initial Notes unless such Additional Notes are fungible with the Initial Notes for U.S. federal income tax purposes; provided, further, that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 4.05 and Section 4.07. Except as provided in Section 9.02, all Notes (including any Exchange All Notes issued in exchange therefor) will vote (or consent) under this Indenture shall be treated as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. The following matters Subject to Section 2.03, the Trustee shall authenticate the Initial Notes for original issue on the Issue Date in the aggregate principal amount of $200,000,000. With respect to any Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of or in exchange for, or in lieu of, Initial Notes pursuant to Section 2.07, 2.09 or 3.06 or Exhibit A), there shall be established with respect in or pursuant to each a resolution of the Board of Directors, and subject to Section 2.03, set forth, or determined in the manner provided in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of such Notes:
(a) whether such Notes shall be issued as part of a new or existing series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) and the title of the such Notes of the series (which title shall distinguish the Notes of the series from all Notes of any other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notesseries);
(iib) any limit (if any) upon the aggregate principal amount of the such Notes of the series that may be authenticated and delivered under this Indenture (which limit shall not pertain be calculated without reference to any Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the same series pursuant to Section 2.07, 2.082.09 or 3.06 or Exhibit A or any Notes which, 2.11pursuant to Section 2.03, 2.16(c), 2.16(d) or 3.06are deemed never to have been authenticated and delivered hereunder);
(iiic) the issue price and issuance date or dates on which the principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension of such Notes, including the date or dates, and the amount or amounts of from which interest on such principal and premium, if any, payments and methods of determination thereof;Notes shall accrue; and
(ivd) the rate or rates at which the if applicable, that such Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositories for such Global Notes, the form of the Issuer, if the Issuer is to have the option any legend or (ii) legends that shall be redeemed, borne by any such Global Notes in addition to or in lieu of that set forth in Appendix I to Exhibit A and any circumstances in addition to or in lieu of those set forth in Section 2.3 of Exhibit A in which any such Global Notes may be exchanged in whole or in partpart for Notes registered, upon and any transfer of such Global Notes in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depository for such Global Note or a nominee thereof, the portion . If any of the principal amount terms of Notes any series are established by action taken pursuant to a resolution of the series that Board of Directors, a copy of an appropriate record of such action shall be payable upon declaration certified by the Secretary or any Assistant Secretary of acceleration the Company and delivered to the Trustee at or prior to the delivery of maturity thereof pursuant to Section 6.02 the Officers’ Certificate or the method by which such portion shall be determined;
(vii) in trust indenture supplemental hereto setting forth the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes terms of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are to be of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will be treated as the same series, unless otherwise designated by the Issuer.
Appears in 1 contract
Amount of Notes; Issuable in Series. The As provided for in Exhibit A hereto, the aggregate principal amount of the Notes that which may be authenticated and delivered and outstanding under this Indenture is not limitedunlimited. The All Notes shall be substantially identical in all respects other than issue prices, issuance dates, first interest payment amount, first interest payment date and denominations. Additional Notes may be issued from time to time in one by the Company without notice to or more seriesconsent of the Holders and shall be consolidated with and form a single class with the Initial Notes; provided, such Additional Notes will not be issued with the same CUSIP number as the Initial Notes unless such Additional Notes are fungible with the Initial Notes for U.S. federal income tax purposes; provided, further, that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 4.05 and Section 4.07. Except as provided in Section 9.02, all Notes (including any Exchange All Notes issued in exchange therefor) will vote (or consent) under this Indenture shall be treated as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. The following matters Subject to Section 2.03, the Trustee shall authenticate the Initial Notes for original issue on the Issue Date in the aggregate principal amount of $950,000,000. With respect to any Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of transfer of or in exchange for, or in lieu of, Initial Notes pursuant to Section 2.07, 2.09 or 3.06 or Exhibit A), there shall be established with respect in or pursuant to each a resolution of the Board of Directors, and subject to Section 2.03, set forth, or determined in the manner provided in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of such Notes:
(a) whether such Notes shall be issued as part of a new or existing series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) and the title of the such Notes of the series (which title shall distinguish the Notes of the series from all Notes of any other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notesseries);
(iib) any limit (if any) upon the aggregate principal amount of the such Notes of the series that may be authenticated and delivered under this Indenture (which limit shall not pertain be calculated without reference to any Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the same series pursuant to Section 2.07, 2.082.09 or 3.06 or Exhibit A or any Notes which, 2.11pursuant to Section 2.03, 2.16(c), 2.16(d) or 3.06are deemed never to have been authenticated and delivered hereunder);
(iiic) the issue price and issuance date or dates on which the principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension of such Notes, including the date or dates, and the amount or amounts of from which interest on such principal and premium, if any, payments and methods of determination thereof;Notes shall accrue; and
(ivd) the rate or rates at which the if applicable, that such Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositories for such Global Notes, the form of the Issuer, if the Issuer is to have the option any legend or (ii) legends that shall be redeemed, borne by any such Global Notes in addition to or in lieu of that set forth in Appendix I to Exhibit A and any circumstances in addition to or in lieu of those set forth in Section 2.3 of Exhibit A in which any such Global Notes may be exchanged in whole or in partpart for Notes registered, upon and any transfer of such Global Notes in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depository for such Global Note or a nominee thereof, the portion . If any of the principal amount terms of Notes any series are established by action taken pursuant to a resolution of the series that Board of Directors, a copy of an appropriate record of such action shall be payable upon declaration certified by the Secretary or any Assistant Secretary of acceleration the Company and delivered to the Trustee at or prior to the delivery of maturity thereof pursuant to Section 6.02 the Officers’ Certificate or the method by which such portion shall be determined;
(vii) in trust indenture supplemental hereto setting forth the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes terms of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are to be of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will be treated as the same series, unless otherwise designated by the Issuer.
Appears in 1 contract
Amount of Notes; Issuable in Series. The As provided for in Exhibit A hereto, the aggregate principal amount of the Notes that which may be authenticated and delivered and outstanding under this Indenture is not limitedunlimited. The All Notes shall be substantially identical in all respects other than issue prices, issuance dates, first interest payment amount, first interest payment date and denominations. Additional Notes may be issued from time to time in one by the Company without notice to or more seriesconsent of the Holders and shall be consolidated with and form a single class with the Initial Notes and any PIK Notes; provided, such Additional Notes and PIK Notes will not be issued with the same CUSIP number as the Initial Notes unless such Additional Notes or PIK Notes, as applicable, are fungible with the Initial Notes for U.S. federal income tax purposes; provided, further, that the Company’s ability to issue Additional Notes shall be subject to the Company’s compliance with Section 4.05 and Section 4.07. Except as provided in Section 9.02, all Notes (including any Exchange All Notes issued in exchange therefor) will vote (or consent) under this Indenture shall be treated as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. The following matters Subject to Section 2.03, the Trustee shall authenticate the Initial Notes for original issue on the Issue Date in the aggregate principal amount of $100,000,000. With respect to any Notes issued after the Issue Date (except for PIK Notes and Notes authenticated and delivered upon registration of transfer of or in exchange for, or in lieu of, Initial Notes pursuant to Section 2.07, 2.09 or 3.06 or Exhibit A), there shall be established with respect in or pursuant to each a resolution of the Board of Directors, and subject to Section 2.03, set forth, or determined in the manner provided in an Officers’ Certificate, or established in one or more indentures supplemental hereto, prior to the issuance of such Notes:
(a) whether such Notes shall be issued as part of a new or existing series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) and the title of the such Notes of the series (which title shall distinguish the Notes of the series from all Notes of any other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notesseries);
(iib) any limit (if any) upon the aggregate principal amount of the such Notes of the series that may be authenticated and delivered under this Indenture (which limit shall not pertain be calculated without reference to any Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the same series pursuant to Section 2.07, 2.082.09 or 3.06 or Exhibit A or any Notes which, 2.11pursuant to Section 2.03, 2.16(c), 2.16(d) or 3.06are deemed never to have been authenticated and delivered hereunder);
(iiic) the issue price and issuance date or dates on which the principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension of such Notes, including the date or dates, and the amount or amounts of from which interest on such principal and premium, if any, payments and methods of determination thereof;Notes shall accrue; and
(ivd) the rate or rates at which the if applicable, that such Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositories for such Global Notes, the form of the Issuer, if the Issuer is to have the option any legend or (ii) legends that shall be redeemed, borne by any such Global Notes in addition to or in lieu of that set forth in Appendix I to Exhibit A and any circumstances in addition to or in lieu of those set forth in Section 2.3 of Exhibit A in which any such Global Notes may be exchanged in whole or in partpart for Notes registered, upon and any transfer of such Global Notes in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depository for such Global Note or a nominee thereof, the portion . If any of the principal amount terms of Notes any series are established by action taken pursuant to a resolution of the series that Board of Directors, a copy of an appropriate record of such action shall be payable upon declaration certified by the Secretary or any Assistant Secretary of acceleration the Company and delivered to the Trustee at or prior to the delivery of maturity thereof pursuant to Section 6.02 the Officers’ Certificate or the method by which such portion shall be determined;
(vii) in trust indenture supplemental hereto setting forth the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes terms of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are to be of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will be treated as the same series, unless otherwise designated by the Issuer.
Appears in 1 contract
Amount of Notes; Issuable in Series. The aggregate principal amount of Original Notes that may be authenticated and delivered and outstanding under this Indenture is not limited. The Notes may be issued from time to time in one or more series. Except as provided in Section 9.02, all Notes (including any Exchange Notes issued in exchange therefor) will vote (or consent) as a single class with other Notes and otherwise be treated as Notes for all purposes of this Indenture. The following matters shall be established with respect to each series of Notes issued hereunder in a Notes Supplemental Indenture:
(i) the title of the Notes of the series (which title shall distinguish the Notes of the series from all other series of Notes) and whether such Notes are Euro-denominated Notes or Dollar-denominated Notes;
(ii) any limit (if any) upon the aggregate principal amount of the Notes of the series that may be authenticated and delivered under this Indenture on the Issue Date is $2,250,000,000. The Notes may be issued in one or more series. All Notes of any one series shall be substantially identical except as to denomination. The Issuer may from time to time after the Issue Date issue Additional Notes under this Indenture in an unlimited principal amount, so long as (which limit shall not pertain i) the Incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.03 and (ii) such Additional Notes are issued in compliance with the other applicable provisions of this Indenture. With respect to any Additional Notes issued after the Issue Date (except for Notes authenticated and delivered upon registration of, of transfer of, or in exchange for, or in lieu of, other Notes of the series pursuant to Section 2.07, 2.08, 2.112.09, 2.16(c2.10, 3.06, 4.06(g), 2.16(d4.08(c) or 3.06the Appendix), there shall be (a) established in or pursuant to a resolution of the Board of Directors and (b) (i) set forth or determined in the manner provided in an Officers’ Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Notes:
(1) whether such Additional Notes shall be issued as part of a new or existing series of Notes and the title of such Additional Notes (which shall distinguish the Additional Notes of the series from Notes of any other series);
(iii2) the date or dates on which the aggregate principal of and premium, if any, on the Notes of the series is payable or the method of determination and/or extension amount of such Additional Notes which may be authenticated and delivered under this Indenture,
(3) the issue price and issuance date or dates, and the amount or amounts of such principal and premiumAdditional Notes, if any, payments and methods of determination thereof;including the date from which interest on such Additional Notes shall accrue; and
(iv4) the rate or rates at which the if applicable, that such Additional Notes of the series shall bear interest, if any, or the method of calculating and/or resetting such rate or rates of interest, the date or dates from which such interest shall accrue or the method by which such date or dates shall be determined, and the Interest Payment Dates on which any such interest shall be payable;
(v) the period or periods within which, the price or prices at which, and other terms and conditions upon which Notes of the series (i) may be redeemed, issuable in whole or in partpart in the form of one or more Global Notes and, at in such case, the option respective depositaries for such Global Notes, the form of any legend or legends which shall be borne by such Global Notes in addition to or in lieu of those set forth in Exhibit A hereto and any circumstances in addition to or in lieu of those set forth in Section 2.2 of the Issuer, if the Issuer is to have the option or (ii) shall Appendix in which any such Global Note may be redeemed, exchanged in whole or in partpart for Additional Notes registered, upon or any transfer of such Global Note in whole or in part may be registered, in the occurrence name or names of specified events, if the Notes shall be subject to a mandatory redemption provision;
(vi) if Persons other than the principal amount depositary for such Global Note or a nominee thereof, the portion . If any of the principal amount terms of Notes of the series that shall be payable upon declaration of acceleration of maturity thereof pursuant to Section 6.02 or the method by which such portion shall be determined;
(vii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the Events of Default which apply to any Notes of the series and any change in the right of the Trustee or the requisite Holders of such Notes to declare the principal amount thereof due and payable pursuant to Section 6.02; and
(viii) in the case of any Notes, other than Initial Notes and any Exchange Notes issued in exchange for Initial Notes, any addition to or change in the covenants set forth in Article Four. The form of the Notes of such series, as set forth in Exhibit A-1 or Exhibit A-2 or Exhibit C-1 or Exhibit C-2 as the case may be, may be modified to reflect such matters as so established in such Notes Supplemental Indenture. Such matters may also be established in a Notes Supplemental Indenture for any Additional Notes issued hereunder that are established by action taken pursuant to be a resolution of the same series as any Notes previously issued hereunder. Notes that have the same terms described in the foregoing clauses (i) though (viii) will Board of Directors, a copy of an appropriate record of such action shall be treated as the same series, unless otherwise designated certified by the IssuerSecretary or Director or any Assistant Secretary or Assistant Director of the Issuer and delivered to the Trustee at or prior to the delivery of the Officers’ Certificate or the indenture supplemental hereto setting forth the terms of the Additional Notes.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
