Common use of Amount of Notes Clause in Contracts

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 and (ii) Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 2 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

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Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 300,000,000 and (ii) Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 2 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 450,000,000 and (ii) after the Combination Date, if issued, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the IssuerIssuer and cancel any such Notes originally issued. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that such Additional Notes will not be issued with the same CUSIP or ISIN, as applicable, as the existing Notes unless such Additional Notes are fungible with the existing Notes for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 2 contracts

Samples: Indenture (TRI Pointe Homes, Inc.), Indenture (TRI Pointe Homes, Inc.)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 250,000,000 and (ii) Additional Notes in an unlimited principal amount, subject to Section 4.06 and upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Notes or Private Exchange Notes New Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M I Homes Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 400,000,000 and (ii) Additional Notes in an unlimited principal amount, subject to Section 4.06 and upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that any Additional Notes will be issued with a separate CUSIP number unless (i) the Additional Notes are issued pursuant to a “qualified reopening” of the existing Notes for U.S. federal income tax purposes, or (ii) the Additional Notes are issued without original issue discount for U.S. federal income tax purposes. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Notes or Private Exchange Notes New Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M/I Homes, Inc.)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 and (ii) Additional Notes in an unlimited principal amount, subject to Section 4.06 and upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M I Homes Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 150,000,000 and (ii) subject to Section 4.06, Additional Notes in an unlimited aggregate principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (William Lyon Homes)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $200,000,000 100,000,000 and (ii) Additional Notes for original issue from time to time, in an unlimited principal amount, each case upon a written order of the Issuer Company in the form of an Officers' Certificate of the IssuerCompany. The Officers’ Certificate Such written order shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. All Initial Notes and Additional Notes shall be identical in all respects other than the issue dates and the date from which interest accrues except as provided in this Section 2.01 and except that any Additional Note may contain any notations, legends or endorsements permitted under Section 2.02. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers' Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any or, with respect to the Additional Notes, a registration rights agreement relating substantially identical to the Additional Notes Registration Rights Agreement, is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed the outstanding aggregate principal amount of the Initial Notes or Additional Notes, as the case may be, for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence. In the event that the Company shall issue and the Trustee shall authenticate any Additional Notes, the Company shall use its reasonable best efforts to obtain the "CUSIP" number for such Notes as is printed on the Notes outstanding at such time. Notwithstanding the foregoing, all Notes issued under this Indenture shall vote and consent together on all matters as one class and no series of Notes will have the right to vote or consent as a separate class on any matter.

Appears in 1 contract

Samples: Indenture (Fairfield Manufacturing Co Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 250,000,000 and (ii) subject to Section 4.06, Additional Notes in an unlimited the aggregate principal amountamount not to exceed $150,000,000, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. The aggregate principal amount of Notes outstanding at any time may not exceed $400,000,000, except as provided in Sections 2.08 and 2.09. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (William Lyon Homes)

Amount of Notes. The Trustee shall authenticate (i) a series of Initial Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 and (ii) Additional Notes of U.S.$761,054,211 upon a written order of the Issuer substantially in the form set forth in Exhibit G hereto. In addition, the Trustee or an unlimited principal amountauthenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officers’ Officer’s Certificate of the Issuer. The , authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers’ Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticated. Upon receipt authenticated and, in the case of a written order an issuance of Additional Notes pursuant to Section 2.19, such Officer’s Certificate of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall certify that such issuance will not be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if anyprohibited by Section 4.06. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or and that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed U.S.$761,054,211 for issuance in exchange for substitution for, and evidencing the same continuing indebtedness as, the Initial Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act not bearing the Private Placement Legend or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Canwest Media Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 300,000,000 and (ii) Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase; provided that any Additional Notes will be issued with a separate CUSIP number unless (i) the Additional Notes are issued pursuant to a “qualified reopening” of the existing Notes for U.S. federal income tax purposes, or (ii) the Additional Notes are issued without original issue discount for U.S. federal income tax purposes. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Notes or Private Exchange Notes New Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M/I Homes, Inc.)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 130,000,000 and (ii) subject to Section 4.06, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Meritage Corp)

Amount of Notes. The Trustee shall authenticate (i) Original Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $200,000,000 and (ii) Additional Notes in an unlimited principal amount, upon receipt of a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The In addition, the Trustee or an authenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officer’s Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers’ Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticatedauthenticated and, in the case of an issuance of Additional Notes pursuant to Section 2.19, such Officer’s Certificate of the Issuer shall certify that such issuance shall not be prohibited by Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers’ Certificate of the Issuer certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or under the Securities Act and that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed $200,000,000 for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Ipsco Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 300,000,000 and (ii) Additional Notes in an unlimited principal amount, subject to Section 4.06 and upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerCertificate, Additional Notes in an unlimited principal amount. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Notes or Private Exchange Notes New Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M I Homes Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 150,000,000 and (ii) subject to Section 4.06, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (M I Homes Inc)

Amount of Notes. The Trustee shall authenticate (i) Original Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $200,000,000 and (ii) Additional Notes in an unlimited principal amount, 360,000,000 upon receipt of a written order of the Issuer in the form of an Officers' Certificate of the Issuer. The In addition, the Trustee or an authenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officer's Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers' Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticatedauthenticated and, in the case of an issuance of Additional Notes pursuant to Section 2.19, such Officer's Certificate of the Issuer shall certify that such issuance shall not be prohibited by Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers' Certificate of the Issuer certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or under the Securities Act and that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed $360,000,000 for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Massey Energy Co)

Amount of Notes. The Trustee shall authenticate (i) a series of Initial Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 and (ii) Additional Notes of U.S.$200,000,000 upon a written order of the Issuer substantially in the form set forth in Exhibit H hereto. In addition, the Trustee or an unlimited principal amountauthenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officers’ Officer’s Certificate of the Issuer. The , authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers’ Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticated. Upon receipt authenticated and, in the case of a written order an issuance of Additional Notes pursuant to Section 2.19, such Officer’s Certificate of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall certify that such issuance will not be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if anyprohibited by Section 4.06. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or and that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed U.S.$200,000,000 for issuance in exchange for substitution for, and evidencing the same continuing indebtedness as, the Initial Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act not bearing the Private Placement Legend or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Canwest Media Inc)

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Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 500,000,000 and (ii) Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the IssuerIssuer Request. The Officers’ Certificate Issuer Request shall specify the amount of Notes to be authenticated and authenticated, the date on which the Notes are to be authenticated, and the names and delivery instructions for each Holder of the Notes. Furthermore, Notes may be authenticated or delivered upon registration or transfer, or in lieu of, other Notes pursuant to Section 2.07, 2.08, 2.11, 3.02 or 8.05 or in connection with a Change of Control Offer pursuant to Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ CertificateIssuer Request, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof Issue Date and will vote on all matters as one class with the Notes being issued on the date hereofIssue Date, including, without limitation, waivers, amendments, redemptions and Offers offers to Purchasepurchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been meteffective, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Notes or Private Exchange Notes Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence. The principal of, premium, if any, interest, and Additional Interest, if any, on the Notes shall be payable at the office or agency of the Issuer maintained for such purpose in the Borough of Manhattan, The City of New York, State of New York, or at such other office or agency of the Issuer as may be maintained for such purpose pursuant to Section 2.04; provided, however, that, at the option of the Issuer, each installment of interest may be paid by (i) check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the registry maintained by the Registrar or (ii) wire transfer to an account located in the United States maintained by the payee. Payments in respect of Notes represented by a Global Note (including principal, premium, if any, and interest) will be made by wire transfer of immediately available funds to the accounts specified by the Depository.

Appears in 1 contract

Samples: Indenture (Limited Brands Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 350,000,000 and (ii) subject to Section 4.06, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

Amount of Notes. The Trustee shall authenticate (i) a series of Initial Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 and (ii) Additional Notes of U.S.$200,000,000 upon a written order of the Issuer substantially in the form set forth in Exhibit H hereto. In addition, the Trustee or an unlimited principal amountauthenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officers’ Officer's Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers' Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. The Officers’ Certificate Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticated. Upon receipt authenticated and, in the case of a written order an issuance of Additional Notes pursuant to Section 2.19, such Officer's Certificate of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall certify that such issuance will not be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if anyprohibited by Section 4.06. Upon receipt of an Issuer Request and an Officers' Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or and that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed U.S.$200,000,000 for issuance in exchange for substitution for, and evidencing the same continuing indebtedness as, the Initial Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act not bearing the Private Placement Legend or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Canwest Media Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 175,000,000 and (ii) Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount of $105,000,000 and (ii) Notes for original issue subsequent to the Issue Date in an aggregate principal amount not to exceed $200,000,000 and 45,000,000 in one or more series (ii) Additional Notes "Subsequent Series Notes"), in an unlimited principal amount, each case upon a written order of the Issuer Company in the form of an Officers' Certificate of the IssuerCompany; provided, however, that no Subsequent Series Notes may be authenticated and delivered in an aggregate principal amount of less than $20,000,000; and provided, further, that the Company must, in issuing any Subsequent Series Notes, comply with Section 4.06. The Officers’ Certificate Each such written order shall specify the amount of Notes to be authenticated and authenticated, the date on which the Notes are to be authenticatedauthenticated and the title of the Notes of the series (which shall distinguish the Notes of the series from Notes of any other series). All Notes issued on the Issue Date and Subsequent Series Notes shall be identical in all respects other than issue dates and the date from which interest accrues and except as provided in this Section 2.01 and except that any Subsequent Series Notes may contain any notations, legends or endorsements permitted under Section 2.02, and that Subsequent Series Notes may be issued in the form of Exchange Notes. The aggregate principal amount of Notes outstanding at any time may not exceed $150,000,000, except as provided in Section 2.08. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers' Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any or, with respect to Notes issued under the Indenture subsequent to the Issue Date, a registration rights agreement relating substantially identical to the Additional Notes Registration Rights Agreement, is effective or and that the conditions precedent to a Private Exchange private ex- 36 -28- change thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed $150.0 million for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence. In the event that the Company shall issue and the Trustee shall authenticate any Notes issued under this Indenture subsequent to the Issue Date pursuant to the first paragraph of this Section 2.01, the Company shall use its best efforts to obtain the same "CUSIP" number for such Notes as is printed on the Notes outstanding at such time; provided, however, that if any series of Notes issued under this Indenture subsequent to the Issue Date is determined, pursuant to an Opinion of Counsel of the Company in a form reasonably satisfactory to the Trustee to be a different class of security than the Notes outstanding at such time for federal income tax purposes, the Company may obtain a "CUSIP" number for such Notes that is different than the "CUSIP" number printed on the Notes then outstanding. Notwithstanding the foregoing, all Notes issued under this Indenture shall vote and consent together on all matters as one class and no series of Notes will have the right to vote or consent as a separate class on any matter.

Appears in 1 contract

Samples: Indenture (Carpenter W R North America Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 203,000,000 and (ii) subject to Section 4.06, Additional Notes in an unlimited principal amount, upon a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The Officers’ Certificate shall specify the amount of Notes to be authenticated and authenticated, the date on which the Notes are to be authenticated, and the names and delivery instructions for each Holder of the Notes. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers’ Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Notes or Private Exchange Notes Securities may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (National Credit & Guaranty CORP)

Amount of Notes. The Trustee shall authenticate (i) Original Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $200,000,000 and (ii) Additional Notes in an unlimited principal amount, upon receipt of a written order of the Issuer in the form of an Officers' Certificate of the Issuer. The In addition, the Trustee or an authenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officer's Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers' Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticatedauthenticated and, in the case of an issuance of Additional Notes pursuant to Section 2.19, such Officer's Certificate of the Issuer shall certify that such issuance shall not be prohibited by Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers' Certificate of the Issuer certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or under the Securities Act and that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed $200,000,000 for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Ipsco Inc)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 125,000,000 and (ii) subject to Section 4.06, Additional Notes in an unlimited principal amountNotes, upon a written order of the each Issuer in the form of an Officers' Certificate of the each Issuer. The Officers' Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticatedauthenticated and persons in whose names the Notes are to be registered, and shall direct delivery of the Notes to such persons or representatives thereof. Upon receipt of a written order of the Issuer Issuers in the form of an Officers' Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the IssuerIssuers. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for Section 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers' Certificate certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange private exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Ashton Houston Residential L.L.C.)

Amount of Notes. The Trustee shall authenticate (i) Original Notes for original issue on the Issue Date in the aggregate principal amount not to exceed of $200,000,000 and (ii) Additional Notes in an unlimited principal amount, 760.0 million upon receipt of a written order of the Issuer in the form of an Officers’ Certificate of the Issuer. The In addition, the Trustee or an authenticating agent shall, upon receipt of a written order of the Issuer in the form of an Officer’s Certificate of the Issuer, authenticate Additional Notes in accordance with Section 2.19; provided that the Trustee shall be entitled to receive an Officers’ Certificate and an Opinion of Counsel of the Issuer in connection with the authentication of such Additional Notes. Such written order shall specify the amount of Notes to be authenticated and the date on which the such Notes are to be authenticatedauthenticated and, in the case of an issuance of Additional Notes pursuant to Section 2.19, such Officer’s Certificate of the Issuer shall certify that such issuance shall not be prohibited by Section 4.06. Upon receipt of a written order of the Issuer in the form of an Officers’ Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Company Request and an Officers’ Certificate of the Issuer certifying that a registration statement relating to an exchange offer specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or under the Securities Act and that the conditions precedent to a Private Exchange thereunder have been met, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed $760.0 million for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer registered under the Securities Act or pursuant to a Private Exchange. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Company Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Massey Energy Co)

Amount of Notes. The Trustee shall authenticate (i) Notes for original issue on the Issue Date in the aggregate principal amount not to exceed $200,000,000 150,000,000 and (ii) subject to SECTION 4.06, Additional Notes in an unlimited principal amountNotes, upon a written order of the Issuer in the form of an Officers' Certificate of the Issuer. The Officers' Certificate shall specify the amount of Notes to be authenticated and the date on which the Notes are to be authenticated. The aggregate principal amount of Notes outstanding at any time is limited as provided in SECTION 2.08 and SECTION 4.06. Upon receipt of a written order of the Issuer in the form of an Officers' Certificate, the Trustee shall authenticate Notes in substitution for Notes originally issued to reflect any name change of the Issuer. Any Additional Notes shall be part of the same issue as the Notes being issued on the date hereof and will vote on all matters as one class with the Notes being issued on the date hereof, including, without limitation, waivers, amendments, redemptions and Offers to Purchase. For the purposes of this Indenture, except for SECTION 4.06, references to the Notes include Additional Notes, if any. Upon receipt of an Issuer Request and an Officers' Certificate certifying that a registration statement relating to an exchange offer or shelf registration specified in the Registration Rights Agreement or any registration rights agreement relating to the Additional Notes is effective or that the conditions precedent to a Private Exchange thereunder have been meteffective, the Trustee shall authenticate an additional series of Notes in an aggregate principal amount not to exceed the limitations provided in SECTION 2.08 and SECTION 4.06 for issuance in exchange for the Notes tendered for exchange pursuant to such exchange offer or shelf registration registered under the Securities Act or pursuant to a Private ExchangeAct. Exchange Notes or Private Exchange Notes may have such distinctive series designations and such changes in the form thereof as are specified in the Issuer Request referred to in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Res Care Inc /Ky/)

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