Common use of Amount of Notes; Issuable in Series Clause in Contracts

Amount of Notes; Issuable in Series. As provided for in Exhibit A hereto, the aggregate principal amount of the Notes which may be authenticated and delivered under this Indenture is unlimited. 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 by the Company without notice to or consent 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. All Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. 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 in or pursuant to 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:

Appears in 1 contract

Samples: Security Agreement (Amc Entertainment Holdings, Inc.)

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Amount of Notes; Issuable in Series. As provided for in Exhibit A hereto, the aggregate principal amount of the Notes which may be authenticated and delivered under this Indenture is unlimited. 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 by the Company without notice to or consent 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. All Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. 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 $100,000,000200,000,000. 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 in or pursuant to 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:

Appears in 1 contract

Samples: Amc Entertainment Holdings, Inc.

Amount of Notes; Issuable in Series. As provided for in Exhibit A hereto, the (a) The aggregate principal amount of the Floating Rate Notes which may be authenticated and delivered under this Indenture on the Issue Date is unlimited$150,000,000. All Notes shall be substantially identical in all respects other than issue pricesThe Initial Floating Rate Notes, issuance dates, first interest payment amount, first interest payment date and denominations. any Additional Notes may be issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Floating Rate Notes and any PIK Notes; provided, such Additional Notes and PIK Exchange Floating Rate 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. All Notes issued under this Indenture shall be treated as a single class series of Notes for all purposes of this Indenture. The Issuers may from time to time after the Issue Date issue Additional Floating Rate Notes under this Indenture in an unlimited principal amount, including waivers, amendments, redemptions so long as (i) the Incurrence of the Indebtedness represented by such Additional Floating Rate Notes is at such time permitted by Section 4.03 and offers to purchase(ii) such Additional Floating Rate Notes are issued in compliance with the other applicable provisions of this Indenture. Subject to Section 2.03, the Trustee Additional Floating Rate Notes shall authenticate have identical terms as the Initial Floating Rate Notes for original issue issued on the Issue Date in Date, other than with respect to the aggregate principal amount date of $100,000,000issuance and issue price and as contemplated by clause (4) below. With respect to any Additional Floating Rate Notes issued after the Issue Date (except for PIK Notes and Notes authenticated and delivered upon registration of transfer of of, or in exchange for, or in lieu of, Initial other Notes pursuant to Section Sections 2.07, 2.09 2.08, 2.09, 2.10, 3.06, 4.06(g), 4.08(c) or 3.06 or Exhibit Appendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors, Directors of Holdings and subject to Section 2.03, (b) (i) set forth, forth or determined in the manner provided in an Officers’ Certificate, Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Floating Rate Notes:

Appears in 1 contract

Samples: Indenture (Borden Chemical Inc)

Amount of Notes; Issuable in Series. As provided for in Exhibit A hereto, the aggregate principal amount of the Notes which may be authenticated and delivered under this Indenture is unlimited. 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 by the Company Issuer without notice to or consent 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 ISIN and CUSIP number numbers 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 CompanyIssuer’s ability to issue Additional Notes shall be subject to the CompanyIssuer’s compliance with Section 4.05 4.06 and Section 4.074.08. All Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. 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 $100,000,000400,000,000. 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 in or pursuant to 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:

Appears in 1 contract

Samples: Intercreditor Agreement (Amc Entertainment Holdings, Inc.)

Amount of Notes; Issuable in Series. As provided for in Exhibit A hereto, the (a) The aggregate principal amount of the Floating Rate Notes which may be authenticated and delivered under this Indenture on the Issue Date is unlimited$200,000,000. All Notes shall be substantially identical in all respects other than issue pricesThe Initial Floating Rate Notes, issuance dates, first interest payment amount, first interest payment date and denominations. any Additional Notes may be issued from time to time by the Company without notice to or consent of the Holders and shall be consolidated with and form a single class with the Initial Floating Rate Notes and any PIK Notes; provided, such Additional Notes and PIK Exchange Floating Rate 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. All Notes issued under this Indenture shall be treated as a single class series of Notes for all purposes of this Indenture. The Issuers may from time to time after the Issue Date issue Additional Floating Rate Notes under this Indenture in an unlimited principal amount, including waivers, amendments, redemptions so long as (i) the Incurrence of the Indebtedness represented by such Additional Floating Rate Notes is at such time permitted by Section 4.03 and offers to purchase(ii) such Additional Floating Rate Notes are issued in compliance with the other applicable provisions of this Indenture. Subject to Section 2.03, the Trustee Additional Floating Rate Notes shall authenticate have identical terms as the Initial Floating Rate Notes for original issue issued on the Issue Date in Date, other than with respect to the aggregate principal amount date of $100,000,000issuance and issue price and as contemplated by clause (4) below. With respect to any Additional Floating Rate Notes issued after the Issue Date (except for PIK Notes and Notes authenticated and delivered upon registration of transfer of of, or in exchange for, or in lieu of, Initial other Notes pursuant to Section Sections 2.07, 2.09 2.08, 2.09, 2.10, 3.06, 4.06(g), 4.08(c) or 3.06 or Exhibit Appendix A), there shall be (a) established in or pursuant to a resolution of the Board of Directors, Directors of Holdings and subject to Section 2.03, (b) (i) set forth, forth or determined in the manner provided in an Officers’ Certificate, Certificate or (ii) established in one or more indentures supplemental hereto, prior to the issuance of such Additional Floating Rate Notes:

Appears in 1 contract

Samples: Supplemental Indenture (Hexion Specialty Chemicals, Inc.)

Amount of Notes; Issuable in Series. As provided for in Exhibit A hereto, the aggregate principal amount of the Notes which may be authenticated and delivered under this Indenture is unlimited. 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 by the Company without notice to or consent 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. All Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. 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 $100,000,000950,000,000. 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 in or pursuant to 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:

Appears in 1 contract

Samples: Indenture (Amc Entertainment Holdings, Inc.)

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Amount of Notes; Issuable in Series. As provided for in Exhibit A hereto, the aggregate principal amount of the Notes which may be authenticated and delivered under this Indenture is unlimited. 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 by the Company without notice to or consent 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. All Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. 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 $100,000,000500,000,000. 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 in or pursuant to 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:

Appears in 1 contract

Samples: Indenture (Amc Entertainment Holdings, Inc.)

Amount of Notes; Issuable in Series. As provided for in Exhibit A hereto, the aggregate principal amount of the Notes which may be authenticated and delivered under this Indenture is unlimited. 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 by the Company without notice to or consent 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. All Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. 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 $100,000,0001,462,285,000. 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 in or pursuant to 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:

Appears in 1 contract

Samples: Indenture (Amc Entertainment Holdings, Inc.)

Amount of Notes; Issuable in Series. As provided for in Exhibit A hereto, the aggregate principal amount of the Notes which may be authenticated and delivered under this Indenture is unlimited. 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 by the Company without notice to or consent 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. All Notes issued under this Indenture shall be treated as a single class for all purposes of this Indenture, including waivers, amendments, redemptions and offers to purchase. 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 in or pursuant to 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:

Appears in 1 contract

Samples: Indenture (Amc Entertainment Holdings, Inc.)

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